News & Analysis as of

Fifth Amendment › Enforcement

Schwabe, Williamson & Wyatt PC

Two Separate Lawsuits Challenge the Federal Trade Commission

Schwabe, Williamson & Wyatt PC on

Two separate lawsuits have challenged the Federal Trade Commission’s ban on non-compete ‎provisions and agreements: Chamber Of Commerce Of The United States Of America et al. v. ‎Federal Trade Commission et al., Case No....more

Snell & Wilmer

Frederick Douglass Foundation, Inc., et al. v. District of Columbia: Recent Case Illustrates Importance of Governmental Compliance...

Snell & Wilmer on

Equality under the law is a cardinal principle of the United States’ constitutional order. This principle extends to laws regulating speech. Specifically, the government does not get to single out a particular viewpoint and...more

Hinch Newman LLP

Another U.S. Supreme Court Ruling Erodes Traditional FTC Enforcement Authority Amounting to a Win for Digital Advertisers

Hinch Newman LLP on

On April 14, 2023, the U.S. Supreme Court afforded defendants the ability to directly challenge the structural constitutionality and existence of the Federal Trade Commission (and the Securities and Exchange Commission) in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

MIOSHA Issues Agency Instruction, Clarifying Procedures for Conducting Interviews During Enforcement Investigations

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On October 17, 2022, the Michigan Occupational Safety and Health Administration (MIOSHA) issued an agency instruction, the subject of which is “Interviews in Health and Safety Investigations.” The stated purpose of that...more

Tucker Arensberg, P.C.

CFTC Commissioner Announces Proposal That Could Require More Defendants To Admit Wrongdoing In Order To Settle

Tucker Arensberg, P.C. on

​​​​​​​As part of its regulatory authority over derivatives markets, the Commodity Futures Trading Commission (“CFTC”) investigates and prosecutes violations of the Commodity Exchange Act and governing regulations. Parties...more

Dorsey & Whitney LLP

Financial Fraud: An SEC Staple?

Dorsey & Whitney LLP on

Since the SEC announced the formation of its Financial Fraud Task Force two years ago the agency has struggled to establish this once enforcement mainstay as a current staple. Some commentators have suggested that a trend is...more

The Volkov Law Group

Congressional Investigations: Unique And Significant Risks

The Volkov Law Group on

We have all watched the familiar scene on Capitol Hill – the latest public scandal like officials from the Internal Revenue Service are dragged up to Capitol Hill to appear before a Committee, raise their right hands, take...more

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