News & Analysis as of

Loper Bright Enterprises v Raimondo Federal Trade Commission (FTC) Constitutional Challenges

Miller Canfield

FTC’s Power to Demand Substantiation for Ads Faces Fiery Lawsuit

Miller Canfield on

Under current Federal Trade Commission (FTC) policy, an advertising claim requires substantiation if it makes an objective assertion about a product or service. But a new lawsuit filed by a former defendant in an FTC suit...more

Proskauer Rose LLP

FTC Focus: Zeroing In On Post-Election Labor Markets

Proskauer Rose LLP on

Under Chair Lina Khan, the Federal Trade Commission elevated its focus on labor markets. It promulgated a rule attempting to ban noncompete agreements, now stayed and subject to litigation. It took action against alleged...more

Balch & Bingham LLP

In Case You Missed It: Will The U.S. Supreme Court’s Jarkesy Decision Be A Game Changer For Administrative Law?

Balch & Bingham LLP on

In “Case” You Missed It is a new column by Balch & Bingham attorney Tripp DeMoss that briefly summarizes a recently issued decision by higher courts like the U.S. Supreme Court and Alabama Supreme Court in cases of interest...more

Foley & Lardner LLP

Too Little, Too Late — The Death of the Federal Trade Commission Noncompete Rule May Be Near

Foley & Lardner LLP on

Recent legal developments may doom the Federal Trade Commission (FTC) Noncompete Rule (the “Rule” or the “Noncompete Rule”). The recent Supreme Court decision in Loper Bright Enterprises v. Raimondo has significant...more

Stevens & Lee

Challenging the FTC’s Constitutionality in the Aftermath of Jarkesy

Stevens & Lee on

The Supreme Court on June 27 issued its opinion in Securities and Exchange Commission v. Jarkesy in which it held that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment...more

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