Challenging the Constitutionality of FTC & Other Federal Administrative Proceedings

Last April in Axon Enterprise, Inc. v. FTC the U.S. Supreme Court opened federal district court doors to litigation challenging the constitutionality of civil enforcement proceedings brought by the Federal Trade Commission (FTC) or the Securities and Exchange Commission (SEC) before their own administrative law judges. This fast-paced webinar will focus on FTC civil enforcement proceedings in the antitrust and consumer protection arenas. Former FTC Acting General Counsel Dave Shonka will explain how the FTC administrative enforcement process works from both the agency’s and an enforcement target’s point of view. Appellate specialist Larry Ebner, who filed three amicus in the Axon case on behalf of the Atlantic Legal Foundation, will discuss the Axon decision. Both panelists will provide insights on Axon’s implications for the FTC and other independent regulatory agencies that almost always win when they utilize their own in-house courts to impose adjudicated or agreed-upon financial penalties and other sanctions on corporations or individuals. BHBA President Malcolm McNeil will moderate the session in a question-and-answer manner.