News & Analysis as of

Constitutional Challenges FTC Act

Seyfarth Shaw LLP

FTC Non-Compete Ban: What You Need to Know (UPDATED)

Seyfarth Shaw LLP on

On April 23, 2024, the FTC announced its Final Non-Compete Clause Rule (“Final Rule”), which bans post-employment non-compete clauses between employers and their workers. The Final Rule becomes effective 120 days after being...more

Pierce Atwood LLP

Update on FTC Noncompete Ban: Court Challenges Begin

Pierce Atwood LLP on

On April ­­23 we reported on the Federal Trade Commission’s vote to ban almost all non-competition agreements in the United States. Within hours of that vote, Ryan LLC, a global tax consulting firm headquartered in Dallas,...more

BakerHostetler

How FTC History Did Not Affect the FTC’s Approach to Non-Competes (but Should Have?): From the Nader Report to the Present

BakerHostetler on

On April 23, the FTC issued its much-anticipated Final Rule banning worker non-competes. The Final Rule targets the Biden administration’s goal of reducing barriers to employee mobility....more

Miller Canfield

Business Groups Challenge New FTC Rule Prohibiting Noncompete Agreements

Miller Canfield on

On April 23, the Federal Trade Commission adopted a near-total ban on noncompete agreements, with limited exceptions. The following day, the U.S. Chamber of Commerce and other business groups sued, seeking to block the rule...more

Epstein Becker & Green

Chamber of Commerce and Others Swiftly File Lawsuits Seeking to Enjoin and Vacate the FTC’s Noncompete Rule

Epstein Becker & Green on

We recently reported on the Federal Trade Commission’s (FTC) 3-2 vote to issue its final noncompete rule that, unless it is enjoined, would ban all new noncompetes and a majority of existing noncompetes (the Noncompete...more

Ballard Spahr LLP

District court poised to rule on cross-motions for summary judgment in UDAAP includes discrimination lawsuit

Ballard Spahr LLP on

The U.S. Chamber of Commerce, joined by six other trade groups, filed a lawsuit on September 28, 2022 in a Texas federal district court against the CFPB challenging the CFPB’s recent update to the Unfair, Deceptive, or...more

Proskauer - Minding Your Business

The Axon Side-Step: Defendants’ New Dance to Avoid Agency Enforcement Actions

The FTC and SEC have their own administrative dispute resolution regime, presided over by their own administrative judges (“ALJs”). Until now, those regimes were virtually immune from attack on a constitutional basis, because...more

A&O Shearman

Harbinger of cases to come: Axon decision sets the stage for future constitutional challenges to administrative proceedings

A&O Shearman on

Key Points - The U.S. Supreme Court held that litigants can bring constitutional challenges in federal district court against the FTC and SEC without fully exhausting administrative proceedings....more

Patterson Belknap Webb & Tyler LLP

Supreme Court Decision in Axon Enterprise, Inc. v. FTC Has Wide Reaching Implications for Administrative Enforcement Proceedings

On April 14, 2023, the Supreme Court issued a consolidated opinion in Axon Enterprise, Inc. v. FTC and SEC v. Cochran.[1] We previously covered the oral argument in these cases here. These cases address whether respondents...more

Jones Day

U.S. Supreme Court Paves the Way for Challenging Agencies' Structure in Federal District Court

Jones Day on

The U.S. Supreme Court holds that district courts have jurisdiction to hear constitutional challenges to the structure of Federal Trade Commission ("FTC") and Securities and Exchange Commission ("SEC") administrative...more

Akin Gump Strauss Hauer & Feld LLP

SCOTUS Decision Sets Up Constitutional Challenges to FTC Administrative Proceedings

Key Points - In a unanimous decision, the Supreme Court held in Axon v. FTC that the FTC Act (and the SEC Act) do not prohibit a federal court from hearing challenges to the constitutionality of either Commission’s...more

Perkins Coie

Supreme Court Allows Structural Constitutional Challenges to FTC and SEC Proceedings in Federal District Court

Perkins Coie on

The U.S. Supreme Court ruled in two related cases, Axon Enterprise Inc. v. FTC (No. 21-86) and SEC v. Cochran (No. 21-1239), that federal district courts have jurisdiction to hear structural constitutional challenges to the...more

Troutman Pepper

Unanimous Supreme Court Decision Allows for Early Challenges to Federal Agency Enforcement Actions

Troutman Pepper on

On April 14, the Supreme Court unanimously held that federal district courts have jurisdiction to review constitutional challenges to the structures of the Federal Trade Commission (FTC) and Securities and Exchange Commission...more

Kramer Levin Naftalis & Frankel LLP

SCOTUS Unanimously Holds That Respondents in FTC and SEC Administrative Law Proceedings May Challenge the Constitutionality of...

On April 14, 2023, the Supreme Court issued a unanimous decision in two related cases, Axon Enterprise, Inc. v. FTC (No. 21-86) and SEC v. Cochran (No. 21-1239), holding that respondents may challenge the constitutionality of...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Holds That Respondents in Agency Enforcement Actions May Raise Constitutional Challenges Outside of Administrative...

On April 14, 2023, in a decision involving appeals regarding two separate agency enforcement actions, the Supreme Court unanimously held that respondents in such actions may raise certain constitutional challenges outside of...more

Hogan Lovells

U.S. Supreme Court clears the way for constitutional challenges to FTC, SEC

Hogan Lovells on

On April 14, 2023 the United States Supreme Court ruled in a unanimous opinion in Axon v. Federal Trade Commission that certain constitutional challenges to Federal Trade Commission (FTC) and Securities and Exchange...more

Mintz - Securities Litigation Viewpoints

District Courts Will Hear Constitutional Challenges to SEC and FTC Admin Courts

Last week, the U.S. Supreme Court paved a path for petitioners to assert constitutional challenges to the structure of U.S. Securities and Exchange Commission (“SEC”) and U.S. Federal Trade Commission (“FTC”) administrative...more

Morrison & Foerster LLP

Supreme Court Deals Latest Setback to Government’s Use of ALJs in Consolidated Axon Enterprise v. FTC and SEC v. Cochran Decision

In a setback to the SEC’s and other federal agencies’ use of administrative law judges (“ALJs”) to conduct in-house enforcement proceedings, the U.S. Supreme Court recently issued a unanimous decision in Axon Enterprise, Inc....more

Troutman Pepper

Supreme Court Unanimously Holds That Companies Can Bring Constitutional Challenges Against Federal Agencies in Court Without...

Troutman Pepper on

On April 14, the U.S. Supreme Court issued a unanimous decision in related cases, Axon Enterprise, Inc. v. Federal Trade Commission (FTC) and Securities and Exchange Commission (SEC) v. Cochran, holding that constitutional...more

Stevens & Lee

Supreme Court Unanimously Rules in Favor of Axon: Challenges to Constitutionality of FTC Structure/Process May Proceed in Federal...

Stevens & Lee on

In previous posts we discussed Axon Enterprise, Inc. v. Federal Trade Commission, a case then being considered by the U.S. Supreme Court involving the question of whether parties seeking to undertake a transaction subject to...more

BakerHostetler

FTC Brings the Supreme Court Together Again

BakerHostetler on

For those of you who worry about the partisan divide in our country, it’s nice to know that the Federal Trade Commission (FTC or Commission) has once again brought an often sharply divided Supreme Court to unanimity....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Axon Enterprises, Inc. v. FTC and SEC v. Cochran

On April 14, 2023, the U.S. Supreme Court decided two consolidated cases — Axon Enterprises, Inc. v. FTC, No. 21-86, and SEC v. Cochran, No. 21-1239 — holding that federal district courts have jurisdiction to hear...more

Epstein Becker & Green

Court’s Ruling Against FTC and SEC May Signal Future Limits on Agency Autonomy: SCOTUS Today

Epstein Becker & Green on

While the substantial backlog of decisions has many observers waiting for a flood of rulings, the Supreme Court is moving at its own pace. Thus, the Court has issued a single opinion today, but especially for readers who are...more

Proskauer - Corporate Defense and Disputes

Supreme Court Holds that Constitutional Challenges to Administrative Agencies’ Structure Can Be Brought in District Court

The Supreme Court held today that constitutional challenges to administrative agencies’ structure can be brought in federal district court and need not be raised through an administrative proceeding with subsequent appellate...more

DarrowEverett LLP

The Hunger Games: Can Competition Be Stopped?

DarrowEverett LLP on

On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed...more

30 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide