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Congressional Democrats Sound the Alarm, Rally In an Effort to Restore Pre-AMG 13(b) Enforcement Authority

Yesterday, less than a week after the Supreme Court’s unanimous decision in AMG Capital Management v. FTC, two Congressional committees zeroed in on the FTC’s hollowed-out Section 13(b) authority, the fate of which now lies...more

With a Supreme Court Decision Pending, Will Congress Intervene to Clarify the FTC’s Enforcement Authorities Under 13(b)?

As we inch closer to a Supreme Court decision in AMG Capital Management, LLC v. Federal Trade Commission, proponents of a 13(b) legislative fix are moving with a greater sense of urgency. In a Senate Commerce Committee...more

Congress Enters the Chinese Trade Policy Realm

On April 8, Senate Foreign Relations Committee Chairman Bob Menendez (D-NJ) and Ranking Member Jim Risch (R-ID) announced a bipartisan agreement on a wide-ranging strategic approach towards China. The Strategic Competition...more

Senators Circling Antitrust Targets, But Not Yet Closing In

At a hearing of the Antitrust Subcommittee of the Senate Judiciary Committee today, Chair Amy Klobuchar (D-MN) emphasized the need for broad antitrust reform. While she rallied bipartisan support to supplement antitrust...more

More Uncertainty for Pending Modifications to Buy American Act Federal Acquisition Regulations

In a one sentence “correction” published February 5, 2021, the Federal Acquisition Regulatory (FAR) Council changed by two days the effective date for last month’s final rule – Federal Acquisition Regulation: Maximizing Use...more

House Democrats Primed to Introduce 13(b) Legislative Fix

On Thursday afternoon, the future of the Federal Trade Commission’s enforcement authority took center stage during a House Energy and Commerce Committee hearing entitled, “Safeguarding American Consumers: Fighting Fraud and...more

President Biden Signs Made in America Executive Order - Future of Trump Administration’s Final Buy American Rulemaking Uncertain

“American manufacturing was the arsenal of democracy in World War Two, and it must be part of the engine of American prosperity now. That means we are going to use taxpayers’ money to rebuild America. We’ll buy American...more

The FTC Reargues its 13(b) Case, While Congress Appears Set to Enhance the SEC’s Ability to Seek Disgorgement, Suggesting A...

Earlier this week, the Federal Trade Commission re-stated its position to the Supreme Court, arguing that there is no “clear legislative command” to restrict the traditional powers of equity. In other words, courts of equity...more

Senate Commerce Committee Republicans Include 13(b) Fix in New Privacy Legislation

Late last week, Senate Commerce Committee Chairman Roger Wicker (R-MS), along with Senators John Thune (R-SD), Deb Fischer (R-NE), and Marsha Blackburn (R-TN), introduced S. 4626, the Setting an American Framework to Ensure...more

COVID-19 Washington Update: July 2020 #1

Below, please find a summary of today’s federal government activities in response to COVID-19. Please note we will not be publishing updates for the remainder of the week due to the July 4th holiday. Our next update will be...more

COVID-19 Washington Update: June 2020 #8

Below, please find a summary of today’s federal government activities in response to COVID-19. Congress - Today, news that the Trump administration would soon end federal support for COVID-19 testing centers drew...more

COVID-19 Washington Update: June 2020 #6

Below, please find a summary of the federal government’s response to the COVID-19 pandemic since our last update (Thursday, June 18) – including today’s proclamation by President Trump to extend and expand COVID-19 related...more

COVID-19 Washington Update: June 2020 #5

Congress - There were no major COVID-related developments in Congress today, with both chambers focused on other legislative priorities – although hearings continue....more

COVID-19 Washington Update: June 2020 #4

Below, please find today’s update on the federal government’s recent activities in response to COVID-19, including major announcements from the Federal Reserve regarding its Main Street Lending Program and its Secondary...more

COVID-19 Washington Update: June 2020 #2

Below, please find a summary of today’s federal government activities in response to COVID-19. Congress - Today, House Majority Leader Hoyer announced a change to the House schedule, alerting Members that votes will now...more

COVID-19 Washington Update: June 2020 #1

Today's federal government activities in response to COVID-19 include: Congress - Today, President Trump signed into law H.R. 7010, the Paycheck Protection Flexibility Act of 2020 to modify the CARES Act’s signature...more

COVID-19 Washington Update: May 2020 #8

Congress - The House returns to Washington this week, with plans to vote Thursday on two pieces of legislation related to the SBA’s small business lending programs....more

Commerce Department Seeks Comments on Section 232 Exclusion Process for Steel and Aluminum

Comments Due by July 10, 2020 - Today, the Department of Commerce’s Bureau of Industry and Security (“BIS”) published a Federal Register Notice seeking comments from interested parties to assist in its decisions on...more

COVID-19 Washington Update: May 2020 #7

The following federal government’s activity in response to COVID-19 has occured since our last update on May 15th. Of note, late Friday, the Treasury Department released its Paycheck Protection Program loan forgiveness...more

COVID-19 Washington Update: May 2020 #6

Today’s federal government activities in response to COVID-19 include: Congress - Later this evening, the House is expected to pass its $3 trillion Heroes Act, setting its opening offer for the next phase of COVID-19...more

COVID-19 Washington Update: May 2020 #5

Today’s federal government activities in response to COVID-19 include:  Congress - Following yesterday’s release of House Democrats’ $3 trillion Heroes Act (more in our Tuesday update), Speaker Pelosi...more

COVID-19 Washington Update: May 2020 #4

Today’s federal government activity in response to COVID-19 includes House Democrats’ release of their Heroes Act as well as the following other developments: Congress - Today, House Democrats unveiled their $3 trillion...more

COVID-19 Washington Update: May 2020 #3

Today's federal government response related to COVID-19 includes: Congress - The timing for House action on Democrats’ yet-to-be-unveiled CARES 2.0 proposal remains uncertain....more

COVID-19 Washington Update: May 2020 #2

Today’s federal government activities in response to COVID-19 includes: Congress - House Democrats may unveil their CARES 2.0 relief legislation in the comings days, with a vote possible late next week – although the...more

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