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Citing Jarkesy, Asbury Automotive Group files suit challenging FTC administrative proceeding

One of the country’s largest automotive retailers filed suit against the Federal Trade Commission (“FTC”) on October 4, arguing that the Supreme Court’s recent landmark decision in Securities and Exchange Commission v....more

U.S. Supreme Court Deals Blow to Agency In-House Enforcement Powers

The U.S. Supreme Court’s 6-3 decision in Securities and Exchange Commission v. Jarkesy, et al. significantly curtails the SEC’s enforcement powers by ruling that the agency’s administrative adjudication of securities fraud...more

Supreme Court hears arguments over jurisdiction for constitutional challenges to FTC’s enforcement authority

The Supreme Court heard arguments yesterday in Axon Enterprise v. Federal Trade Commission (No. 21-86), as to whether federal courts can hear a challenge to the FTC’s constitutionality by a party in an administrative...more

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