Speakers
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Bikram BandyFTC, Bureau of Consumer ProtectionBikram Bandy is the Chief Litigation Counsel for the FTC’s Bureau of Consumer Protection. In that role, he advises the Bureau Director on litigation matters and provides legal, strategic, and tactical advice to case teams investigating and litigating consumer protection cases. He is also the Bureau’s point person on addressing challenges the agency faces as a result of the Supreme Court’s recent decision in AMG Capital Management v. FTC. Before joining the FTC in 2012, Bikram was a partner at a major national law firm, where he worked on a variety of complex civil litigation matters. He obtained his undergraduate degree from Duke University and his law degree from the George Washington University Law School.
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Charlene KoonceBrown Fox PLLC | Dallas, TXCharlene is an experienced litigator who has helped clients successfully resolve and win business disputes for thirty years. Her practice focuses on litigation in federal court, and includes complex international contract disputes, unfair competition claims, direct sales issues, commercial tenancy disputes, trademark licensing disputes, securities fraud, and fraudulent transfer claims. Charlene has served as a receiver or lead counsel to a receiver in more than two dozen government enforcement cases, and has unraveled complex fraudulent schemes, litigated claims against “winners” and third-party facilitators, discovered, seized, and sold every imaginable type of asset—from herds of cattle to a seat on the Chicago Mercantile Exchange—operated businesses, pierced the attorney-client privilege, and testified at criminal trials and contempt proceedings.
Peers in the legal industry have acknowledged Charlene for her exceptional counsel and she was named in both D’s Magazine’s Best Lawyers list and the Texas Super Lawyer list by Thomson Reuters and is a member of the Texas Bar Foundation. She previously served on NAFER’s Board of Directors and the Board of Empowering Women as Leaders. Charlene embraces empty-nesting by traveling, volunteering with Dallas CASA, spending time with her adult daughters, and walking her two large dogs.
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Jonathan PerlmanGenovese Joblove & Battista, P.A. | Miami, FLJonathan E. Perlman is an equity partner and executive committee member at the Genovese Joblove & Battista Law Firm, with offices in Miami, Fort Lauderdale, Fort Myers, Tampa and Caracas, Venezuela, where he leads GJB’s Receivership, Class Action and Securities Litigation practice groups.
Mr. Perlman has served as a Federal Court-Appointed Receiver in actions brought by the SEC, FTC and Florida Attorney General, and is responsible for having recovered millions of dollars for victims of fraudulent schemes, including the Creative Capital investment Ponzi scheme, the 321 Loans massive fraudulent debt relief operation, the All Dreams scheme defrauding consumers with false promises of “free” vacations, the Hispanic Global Way fraudulent weight loss product scheme, and the World Patent Marketing invention promotion services scam.
Perlman sits on the board of directors of the National Association of Federal Equity Receivers (NAFER), where he also chairs NAFER’s Best Practices Committee and serves on its judicial outreach, annual conference and international committees. He is also a member of INSOL International.
In addition to administering receiverships, Perlman’s practice focuses on fraudulent and deceptive practices, securities, franchising and accessibility litigation matters. Perlman is “AV” rated by Martindale-Hubbell and is a member of the American Bar Association Forum on Franchising and the International Franchise Association. The Franchise Times has repeatedly named him a “Legal Eagle,” recognizing the top 100 U.S. franchising attorneys, and has also been recognized numerous times in Who’s Who Among U.S. Attorneys, and as a “Super Lawyer” in Super Lawyer. -
Kevin DuffRachlis Duff & Peel, LLC | Chicago, ILKevin Duff begins his term as President of NAFER at the 2018 Annual Meeting. Mr. Duff is a member of Rachlis Duff Adler Peel & Kaplan, LLC, a commercial litigation law firm in Chicago, Illinois. He has trial and appellate experience in a variety of complex commercial litigation and receivership matters. Mr. Duff has significant experience in litigation involving Ponzi scheme and other similar illegal, illicit, fraudulent, and sham transactions, including pursuing a spectrum of remedies to recover money and other assets from defendants and third-parties in such circumstances. He serves as a receiver and receiver’s counsel in actions brought by the SEC, CFTC, and private litigants.
Receivers’ Huddle: Has the Bell Tolled for FTC Receiverships?
Tuesday, December 7 | 2:00 – 3:30 PM ET
ZOOM MEETNG
Please note, this Receivers’ Huddle will NOT be recorded.
In April 2021, the Supreme Court in AMG Capital Management v. FTC, 141 S. Ct. 1341 (2021), reversed 40-years of case law and held that Section 13(b) of the FTC Act does not permit an award of “equitable monetary relief such as restitution or disgorgement.” The ruling eliminated the FTC’s ability to seek monetary relief for consumers in many of their cases and raises important questions about the FTC’s legal authority to obtain preliminary relief such as asset freezes and appointments of receivers going forward.
Join this Huddle to hear Bikram Bandy, Chief Litigation Counsel of the Federal Trade Commission’s Bureau of Consumer Protection, and experienced NAFER Receivers Kevin Duff, Charlene Koonce, and Jonathan Perlman answer your questions about the future of FTC receiverships after AMG Capital.