Challenging the Constitutionality of FTC & Other Federal Administrative Proceedings



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Credit Details
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Original Air Date:
July 12, 2023
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You may be able to self apply for credits in states not listed. BHBA provides CLE accreditation as described above. 

About the Program

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.

Meet the Speakers
David C. Shonka
David C. Shonka


Partner, Redgrave LLP; Former FTC Acting General Counsel & Principal Deputy General Counsel

David is widely recognized and respected in both the government and private sector as an authority on all things Information Law.  Clients seek his extensive subject matter knowledge as they manage issues related to privacy, security, eDiscovery, cross-border data transfers, government civil law enforcement investigations, and information governance.  At the Firm, David focuses on developing solutions and strategies for needs concerning the evolving data privacy and cybersecurity space and using his detailed eDiscovery background to support privilege projects.  In addition to his work on client matters, David serves as Redgrave LLP’s General Counsel.  In this role, he is responsible for overseeing and reviewing legal, risk, and compliance issues for the Firm.  With his outstanding record as a trial and appellate litigator and legal strategist, David is also considered a dynamic and innovative thought leader in the broader legal community.

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Lawrence S. Ebner


Executive Vice President & General Counsel

Larry Ebner is an accomplished, steadfast advocate for individual businesses and entire industries in the Supreme Court, federal courts of appeals, and state appellate courts. Companies of all sizes, national trade associations, and free-enterprise public interest groups call upon Larry when they need an articulate voice in the nation’s appellate courts.

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Malcolm S. McNeil


BHBA President Partner & International Practice Co-Leader ArentFox Schiff LLP

Malcolm has over 35 years of litigation and commercial experience in a wide variety of matters including business/commercial, construction (defect and coverage issues), employment disputes, administrative proceedings, trade secrets, probate, media and entertainment, intellectual property, partnership dissolutions, and real estate. Malcolm has 25 years of experience resolving civil disputes as a mediator and is a panel mediator for the United States District Court, Central District of California.

 Malcolm has litigated issues for a wide variety of businesses including those in the venture capital formation, retail, entertainment, textile, manufacturing, import/export, real estate investment, aviation, and publishing. He is keenly aware of the legal and business needs of his clients, and provides strategic solutions to commercial disputes that help enable his clients’ businesses to keep moving forward. He also has experience in cross-border negotiations and has an established network of colleagues globally assisting foreign countries as needs arise. Malcolm’s practice has included representation of clients in most forums, including a range of administrative forums, statewide and nationally. Known for his leadership and accomplishments, particularly for clients with business interests in China, Malcolm is a panel member on the Shenzhen Court of International Arbitration, the Beijing International Arbitration Commission, and the Harbin Arbitration Commission. Malcolm serves as the co-leader of ArentFox Schiff’s International Group, and is the president of the Beverly Hills Bar Association.

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