Last April, the Supreme Court’s unanimous combined judgment in Axon Enterprise, Inc. v. FTC & SEC v. Cochran opened federal district court doors to litigation challenging the structural constitutionality of civil administrative enforcement proceedings brought by the Federal Trade Commission (FTC) or the Securities and Exchange Commission (SEC) before their own administrative law judges.
This Beverly Hills Bar Association webinar, recorded on July 12, 2023, focuses on the significance of the Axon opinion, especially for attorneys who represent corporations or individuals targeted by the FTC, SEC, or other federal regulatory agencies in civil administrative enforcement proceedings.
Former FTC Acting & Principal Deputy General Counsel Dave Shonka explains how the FTC administrative enforcement process works from both the Commission’s and an enforcement target’s point of view. Atlantic Legal Foundation Executive Vice President & General Counsel Larry Ebner, who filed amicus briefs in the Axon & Cochran cases, discusses the Supreme Court’s decision. Both panelists provide insights on Axon’s implications for current and future structural constitutional challenges to the manner in which FTC, SEC, and other independent regulatory agencies’ in-house civil enforcement proceedings are conducted. BHBA President Malcolm McNeil moderates the one-hour session using a question-and-answer format.