LOS ANGELES, March 26, 2024 /PRNewswire/ — After almost seven years of litigation, a United States Federal District Court judge for the Northern District of Georgia issued an order on March 22, 2024 entering judgment in favor of William R. Wilson and Dale Paul Cleveland and rejecting the Federal Trade Commission’s pursuit of a permanent injunction that would have effectively and permanently banned them from marketing and selling products over the Internet and via telephone. In entering judgment for Wilson and Cleveland following a multi-week bench trial, the Court found the FTC failed to prove Wilson and Cleveland are reasonably likely to violate any law the FTC has jurisdiction to enforce.
“It is extremely rare for defendants to take an enforcement action to trial against the FTC and emerge victorious.”
Michael Mallow, a partner at Shook, Hardy and Bacon and lead trial counsel in a battle over internet and phone marketing sales.
Michael Mallow, a partner at Shook, Hardy and Bacon and lead trial counsel for Wilson and Cleveland, stated, “It is extremely rare for defendants to take an enforcement action to trial against the FTC and even more rare for defendants to emerge victorious. The ruling by the Court is a momentous occasion for our clients and marks the end of a very long, difficult and unnecessary saga in our clients’ lives.”
The case is Federal Trade Commission v. Hornbeam Special Situations LLC, Case 1:17-cv-03094-WMR.
About Shook, Hardy & Bacon
Founded in 1889, Shook, Hardy & Bacon L.L.P. has 19 offices in the United States and London, with attorneys and professional staff serving clients in the health, science and technology sectors in areas ranging from product liability defense and business litigation to intellectual property prosecution and litigation, environmental and toxic tort, privacy and data security and regulatory counseling.
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