Bloomberg Law | SEC Limits on Recouping Illegal Gains Could Check FTC Authority

For nearly 40 years, the Federal Trade Commission has used a provision of the FTC Act to impose monetary penalties in consumer protection cases that is under scrutiny by the Supreme Court. Our Consumer Protection/FTC Team reviews oral argument in a Supreme Court case that will settle a circuit split and decide the fate of the FTC’s interpretation of Section 13(b).

The U.S. Supreme Court’s Jarkesy decision dealt a blow to the Securities and Exchange Commission’s (SEC) in-house adjudication system. Our team analyzes the decision and its potential impact on other federal agencies.

Keep up with what’s happening in privacy, data security, and all things cyber – from ChatGPT to state cybersecurity laws and regulations to the EU’s and ASEAN’s model contractual clauses – from our Privacy, Cyber & Data Strategy Group.

The Supreme Court released its unanimous decision in Axon Enterprise Inc. v. Federal Trade Commission on April 14, 2023. Our Antitrust and Consumer Protection/FTC Groups break down the decision’s impact on future challenges to federal agencies' administrative processes.