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Federal Trade Commission (FTC) Administrative Agencies

Fenwick & West LLP

Securities Law Update - August 2024 #2

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Welcome to the latest edition of Fenwick’s Securities Law Update. This edition contains updates and reminders on: ..The federal court decision that struck down the FTC’s noncompete ban, blocking it from taking effect...more

Fisher Phillips

Breaking News: FTC’s Non-Compete Ban Struck Down For All Employers Nationwide

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A Texas federal court just struck down the FTC’s proposed ban on non-competition agreements on a nationwide basis mere weeks before it was set to take effect, meaning employers across the country can breathe a sigh of relief...more

Littler

Florida Federal District Court Enjoins Enforcement of FTC’s Non-Compete Rule Against Real Estate Broker

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On August 14, 2024, the U.S. District Court for the Middle District of Florida in Properties of the Villages, Inc. v. Federal Trade Commission entered a limited injunction prohibiting the FTC from enforcing the Federal Trade...more

Cadwalader, Wickersham & Taft LLP

Chevron and Carry On July 2024 - The End of Chevron: Considerations for Private Equity, Banks and Investors

It’s been less than two full weeks since the U.S. Supreme Court issued its Chevron decision, yet the myriad impacts of the ruling have caused many of us to feel like it’s been much longer, as we’ve stretched each day weighing...more

Epstein Becker & Green

Federal Court Grants Temporary Stay of FTC Noncompete Rule but Limits Scope (for Now) to Named Parties

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On the heels of the U.S. Supreme Court’s decision in Loper Bright Enters. v. Raimondo, which struck down decades of deference to administrative agencies known as “Chevron deference,” on July 3, 2024, the U.S. District Court...more

Troutman Pepper

New Jersey and California AGs Add to Their Antitrust Ranks

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Continued focus on antitrust enforcement has led the New Jersey and California attorneys general (AG) offices to go on a hiring spree. New Jersey AG Matthew Platkin recently announced the establishment of a permanent,...more

Venable LLP

FTC Constitutional Challenge Update: Fifth Circuit Delivers Illumina a Stocking Full of Coal

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Last week, the Fifth Circuit handed down an across-the-board rejection of four constitutional challenges raised by gene sequencing company Illumina in defending against the Federal Trade Commission’s merger challenge. Bah!...more

Ballard Spahr LLP

White House Republican nominees for FTC advance in Senate

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Last Wednesday, the Senate Commerce Committee voted to advance President Biden’s nominees to fill the two open Republican Commissioner seats on the Federal Trade Commission: Andrew N. Ferguson and Melissa Holyoak.  The...more

Venable LLP

Tracking the Impact of Securities and Exchange Commission v. Jarkesy and Other Constitutional Challenges Against the FTC

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In recent years, independent agencies have continued to face a number of constitutional and statutory challenges before the Supreme Court. AMG Capital Management struck down the Federal Trade Commission’s authority to obtain...more

Littler

What a Government Shutdown Means for Employers: Many Agencies Will Sharply Curtail Operations, Delaying New and Pending Cases

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Federal appropriations are set to expire at midnight (ET) on Saturday, September 30. Unless lawmakers agree to a spending plan before then, much of the federal government will shut down....more

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

Beltway Buzz - September 2023 #5

Shutdown Showdown. Rather than hurtling into a federal government shutdown, this week has been more of a slow, gradual, depressing slide into the shutdown, as it became apparent this week that last-minute measures to keep the...more

Holland & Knight LLP

U.S. Supreme Court Agrees to Hear Nondelegation Case

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The U.S. Supreme Court on June 30, 2023, agreed to hear the case of SEC v. Jarkesy.1 The case is an appeal of a U.S. Court of Appeals for the Fifth Circuit decision that held that the U.S. Securities and Exchange Commission's...more

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

Supreme Court Ruling Questions Constitutionality of FTC’s and SEC’s Administrative Adjudications Processes - Is OSHA Next?

On April 14, 2023, the Supreme Court of the United States opened the door for new challenges to the federal administrative state. In a unanimous decision in a pair of consolidated cases, Axon Enterprise, Inc. v. Federal Trade...more

BakerHostetler

Supreme Court Clears the Way for Constitutional Challenges to SEC, FTC Administrative Forums in Federal District Court

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In Axon Enterprise, Inc. v. FTC and SEC v. Cochran, the respondents in administrative agency enforcement actions brought suit in federal district court, challenging the constitutionality of each respective agency’s attempt to...more

Perkins Coie

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

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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

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

Jenner & Block

Client Alert: Supreme Court Permits Constitutional Challenges to Administrative Agencies While an Enforcement Proceeding Is...

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On April 14, 2023, in Axon Enterprise, Inc. v. Federal Trade Commission and the companion case Cochran v. Securities and Exchange Commission, the Supreme Court held that district courts have jurisdiction to hear structural...more

Ballard Spahr LLP

SCOTUS decision allowing constitutional challenges to FTC and SEC to be brought in federal district court has broader implications

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The U.S. Supreme Court ruled last week that parties seeking to challenge the constitutionality of the structure of the Federal Trade Commission and the Securities and Exchange Commission cannot be required to raise such...more

Miller Canfield

Supreme Court Expands the Path to Challenge the Authority of Administrative Agencies in Federal Court

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Consistent with federal courts’ recent pattern of limiting the reach of administrative agencies, the Supreme Court held on April 14, 2023, that a challenge to the constitutional authority of an administrative law judge...more

Holland & Knight LLP

Supreme Court's 9-0 Ruling Paves Way for Constitutional Challenges to Administrative Proceedings

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The U.S. Supreme Court on April 14, 2023, issued a unanimous opinion holding that federal district courts can consider constitutional challenges to administrative proceedings before such agencies issue final rulings. In Axon...more

Epstein Becker & Green

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

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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

Proskauer - Minding Your Business

The Administrative State Under Attack: Potentially Far Reaching Implications of Supreme Court’s Decision to Hear Challenge to FTC...

In 1984, the Supreme Court ruled unanimously that courts must defer to an administrative agency’s reasonable interpretation of an ambiguous statute. But last year, the Supreme Court stripped the FTC of its ability to seek...more

Proskauer Rose LLP

New FTC Leadership Continues to Flex Their Muscles: New Practice of Issuing Warnings Imposes Unnecessary Uncertainty on Merging...

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As the saying goes, “the only thing for certain, is nothing is certain.” With a rash of changes since Chairperson Lina Kahn took command, the FTC is certainly proving that maxim true. Seeking to transform the historically...more

Manatt, Phelps & Phillips, LLP

Lina Khan Is New Chair of the FTC

Lina Khan was sworn in as Chair of the Federal Trade Commission (FTC) on June 15, 2021. President Biden named Khan, a Democrat, to a term on the Commission that expires September 25, 2024, and designated her as Chair. Khan...more

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