Podcast - FTC Commissioner Dismissals: Background and Implications
Independent agencies have long been a key part of the federal administrative state. Today, they effectively govern wide swaths of the economy—enforcing antitrust laws, regulating securities markets, and managing interstate...more
The Supreme Court recently heard arguments in the ongoing challenge by former Democratic Commissioner Rebecca Slaughter to the Trump Administration’s decision to remove her from the FTC in March before her term was set to...more
In late May 2025, the United States Supreme Court issued a preliminary ruling in Trump v. Wilcox that allowed President Trump to remove leaders at the National Labor Relations Board (NLRB) and Merit Systems Protection Board,...more
The U.S. Supreme Court on Sept. 22, 2025, issued an order in Trump v. Slaughter, staying a lower court's order to reinstate Federal Trade Commission (FTC) Commissioner Rebecca Slaughter over President Donald Trump's decision...more
The Supreme Court of the United States granted certiorari in one case yesterday: Trump v. Slaughter, No. 25A264 (25-332): This case will address President Trump’s authority to fire Federal Trade Commissioner Rebecca...more
On Monday, the Supreme Court ruled that President Donald Trump may remove Democratic Federal Trade Commission (FTC) commissioner Rebecca Slaughter without cause while her legal challenge to the termination proceeds....more
On September 5, 2025, the Federal Trade Commission (FTC) voluntarily dismissed its appeals of decisions issued by federal courts in Texas and Florida that the FTC’s 2023 proposed rule banning most non-competes was invalid....more
Earlier this month, the United States Court of Appeals for the D.C. Circuit ruled President Trump’s removal of Democrat commissioners from the Federal Trade Commission (FTC) was unlawful. In a 2-1 decision, the panel held...more
Chief Justice John Roberts has issued a temporary stay allowing President Trump to fire recently reinstated FTC Commissioner Rebecca Slaughter, even though she was fired without cause....more
In this month's article, we share some of our top "bites" covered during the August 2025 webinar....more
A federal court in the District of Columbia has recently granted summary judgment to former FTC commissioner Rebecca Slaughter, who is challenging her removal from the FTC by President Trump. Slaughter v. Trump, 2025 WL...more
On May 22, 2025, the Federal Trade Commission (FTC) voluntarily dismissed its case against PepsiCo alleging price discrimination in violation of the Robinson-Patman Act. Federal Trade Commission v. PepsiCo, Inc.,...more
It has been roughly six months since Andrew Ferguson took over as chairman of the Federal Trade Commission (FTC). Since that time, Mark Meador was confirmed as the third Republican commissioner (joining Commissioner Melissa...more
A U.S. district judge in the District of Columbia held on July 17 that President Trump did not have statutory authority to remove FTC commissioner Rebecca Kelly Slaughter without cause. ...more
On March 18, the Trump administration fired two Democratic appointed Federal Trade Commission (FTC) commissioners, Rebecca Kelly Slaughter and Alvaro Bedoya, leaving the FTC with only two commissioners, Melissa Holyoak and...more
IN THE NEWS AND LATEST UPDATES - What’s Next at FTC Following Firings of Democratic Commissioners? It’s been a week since the Trump administration fired FTC Commissioners Slaughter and Bedoya because their “continued service...more
Wyoming AG Bridget Hill was appointed to the Wyoming Supreme Court by Governor Mark Gordon, and will take the bench on May 28, 2025. The Wyoming AG is also appointed by the governor, and AG Hill’s replacement has not yet been...more
Last week, on April 10, 2025, the U.S. Senate confirmed Mark Meador as the FTC’s third Republican commissioner. Meador joins Chairman Ferguson and Commissioner Melissa Holyoak on what is now a three commissioner panel (all...more
In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta delves into recent leadership changes at the Federal Trade Commission (FTC). Mr. DiResta explores the legal...more
On March 18, the Trump administration fired Democratic appointed FTC commissioners Rebecca Kelly Slaughter and Alvaro Bedoya, leaving the FTC with only two commissioners (Melissa Holyoak and Chairman Andrew Ferguson) while...more
The two Democratic FTC members who were fired by President Trump have filed suit in federal court challenging their dismissal....more
THE UPSHOT, FOR BUSY PEOPLE: On March 18, 2025, Commissioner Rebecca Kelly Slaughter and Commissioner Alvaro Bedoya, who hold the two Democratic seats on the Federal Trade Commission (“FTC”) were informed that President...more
Both the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have now brought cases challenging deals under President Trump’s administration. In many respects, the theories of harm alleged in...more
Our texts exploded on the afternoon of March 18 when we learned that the president had fired FTC Commissioners Rebecca Slaughter and Alvaro Bedoya....more
The president’s dismissal of two Democrat Commissioners of the Federal Trade Commission (FTC) continued his unprecedented attempts at reshaping federal agencies to better carry out his agenda – but what does it mean for...more