The Future of the FTC: in the Hands of the Supreme Court
Fifth Circuit Rules that the Consumer Financial Protection Bureau is Unconstitutionally Funded: What Does the Decision Mean? A Deep Dive with Special Guest Isaac Boltansky, BTIG
In the past, a new presidential administration meant the beginning of a series of National Labor Relations Board (NLRB or Board) decisions that overruled prior precedents. While the White House flipped in January 2025, the...more
On January 28, 2026, the D.C. Circuit declined former National Labor Relations Board (“NLRB” or “Board”) member Gwynne Wilcox’s request for en banc review of its prior decision upholding her termination...more
The U.S. Supreme Court recently heard oral arguments in Trump v. Cook, involving the issue of whether the President may remove Lisa Cook as a member of the Board of Governors of the Federal Reserve Board. Board Members may be...more
On January 8, 2026, Financial Industry Regulatory Authority (FINRA) issued a letter in Estate of Lovejoy Duryea and Ella Duryea Trust v. Stifel, Nicolaus & Co., Inc. (FINRA Arbitration No. 25‑02274) granting respondent...more
After nearly a year of interim leadership and inactivity at the top adjudicative level at the National Labor Relations Board (NLRB), the Agency is back on track. Recently, the Senate confirmed the President’s nominees, Scott...more
The National Labor Relations Board (NLRB or Board) is back. With President Donald Trump’s picks restoring a Republican majority and the installation of a seemingly management-friendly general counsel (GC), the Board is poised...more
On December 18, 2025, the U.S. Senate confirmed several key appointments to the National Labor Relations Board (NLRB), restoring its quorum after nearly eleven months of inactivity....more
Most Court-watchers, lawyers, and others are familiar with the flurry of coverage that usually accompanies the Court’s opinion releases. But it’s rare that an argument gets the same level of coverage. Enter Trump v....more
The U.S. Court of Appeals for the District of Columbia Circuit’s recent consolidated decision in Harris v. Bessent and Wilcox v. Trump, holding that members of the Merit Systems Protection Board (MSPB) and National Labor...more
On December 5, 2025, the U.S. Court of Appeals for the District of Columbia Circuit upheld President Donald Trump’s removal of former National Labor Relations Board (NLRB) member Gwynne Wilcox and former Merit Systems...more
The Supreme Court will likely rule in favor of President Trump in a critical pending case that should be decided in early 2026, vastly expanding the president’s power to remove members of independent agencies. That’s...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
The U.S. Supreme Court on Dec. 8, 2025, heard oral arguments in Trump v. Slaughter, a case that could significantly narrow longstanding protections for members of independent agencies, including the Federal Energy Regulatory...more
The Supreme Court should abandon a 90-year-old precedent and decide that President Trump should be permitted to fire Rebecca Slaughter from the Federal Trade Commission without cause, Solicitor General D. John Sauer told the...more
A new court decision may mark a turning point in the modern administrative state. In Wilcox v. Trump, consolidated with Harris v. Bessent, the United States Court of Appeals for the D.C. Circuit held that the president may...more
On December 5, 2025, a divided D.C. Circuit panel held that for-cause job-removal protections for members of the National Labor Relations Board (“NLRB” or “Board”) and Merit Systems Protection Board are unconstitutional...more
Strict compliance with contractual conditions precedent, yea or nay? In New York, it depends. Now, the general rule is that strict compliance with contractual conditions precedent is required....more
The US Supreme Court will soon decide the fate of Humphrey’s Executor v. United States and with it the president’s power to remove the heads of independent agencies. As the legal community awaits this ruling, there has been...more
DC Circuit Rules NLRB Members are Removable at Will - The U.S. Court of Appeals for the District of Columbia Circuit ruled earlier today that the president can remove a member of the National Labor Relations Board (NLRB),...more
The Supreme Court has denied a request to consider on an expedited basis a petition from two ousted Democratic NCUA board who are challenging their firings. Todd Harper and Tanya Otsuka are challenging their firings even...more
The constitutionality of the National Labor Relations Board (NLRB) has taken center stage at the federal appellate courts for the second time this year. On October 28, 2025, the Ninth Circuit issued a ruling on three major...more
Colorado AG Phil Weiser led a group of 23 Democratic AGs in filing an amicus brief in Trump v. Cook, urging the U.S. Supreme Court to reject President Trump’s request to immediately remove Federal Reserve Governor Lisa Cook...more
The Trump Administration has declined to respond to a Supreme Court petition by the two ousted Democratic NCUA board members who are asking for the court to consider their case....more
On October 28, 2025, the Ninth Circuit, in a unanimous, published decision, rejected three key constitutional attacks on the National Labor Relations Board (“NLRB” or “Board”), some of which have gained favor in other circuit...more
The U.S. Supreme Court has scheduled oral arguments related to President Donald Trump’s removal of Federal Trade Commission (FTC) Commissioner Rebecca Slaughter for December 8, 2025. Last month, the Supreme Court stayed a...more