Quick Guide to Administrative Hearings
DOGE Part 2: What will it do?
DOGE: What exactly is it and how will it work?
Podcast - Supreme Court Upholds CFPB Funding Structure
The Justice Insiders Podcast: SEC Plays Chicken with Jarkesy
Podcast: Non-binding Guidance: A Discussion of Kisor v. Wilkie
The U.S. Supreme Court recently handed down its decision in Federal Communications Commission v. Consumers’ Research, a case involving the question whether Congress’s delegation of authority to the FCC to implement provisions...more
Recently, the Supreme Court in a case involving President Trump’s without cause firing of the Democratic Commissioners on the Consumer Products Safety Commission stayed an order that had been issued by the U.S. District Court...more
A Federal Judge has ruled that two NCUA board members were illegally fired by President Trump and has restored their positions on the board. ...more
A federal judge has ruled that the President Trump violated federal law when he fired Rebecca Slaughter, a Democrat, as a member of the FTC....more
We’ve written previously about the Trump administration’s effort to increase his influence over independent agencies such as the FTC and to review regulations promulgated by these agencies. The White House is also reportedly...more
Saying that independent agencies “have exercised enormous power over the American people without Presidential oversight,” President Trump has issued an Executive Order placing those agencies under his control....more
During a campaign season that saw an incumbent president bow out of his own re-election bid and assassination attempts against his challenger, substantive policy debates were sometimes obscured by the drama. ...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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