Dismissed were Shkreli’s arguments that the injunction violated his First Amendment rights, particularly the prohibition on making public statements influencing pharmaceutical companies. The court held that such restrictions were well within the bounds of preventing potential antitrust violations.
Disgorgement Order Upheld Despite Legal Maneuvers
Additionally, the panel upheld the $64.6 million disgorgement order, rejecting Shkreli’s attempt to evade joint and several liability under New York law. The panel pointed out the inconsistency of Shkreli’s stance, noting that he raised this argument only on appeal, despite relying on federal equity jurisprudence during the district court proceedings.
Counsel for the involved parties had not responded to requests for immediate comment as of Tuesday.
U.S. Circuit Judges Barrington Parker, Myrna Pérez, and Sarah Merriam comprised the panel for the Second Circuit.
The FTC was represented by Brad Grossman and Benjamin Torrance.
Shkreli’s legal representation included Noam Biale and Kimo Peluso of Sher Tremonte LLP.
