White House sends four FTC nominations to Senate

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On January 25, the White House announced that President Trump had sent the nominations of four individuals to the Senate to serve as FTC commissioners.  Three of the nominations, those of Joseph Simons, Rohit Chopra, and Noah Phillips had been announced last fall, at which time President Trump had indicated that he planned to name Mr. Simons FTC Chairman upon his confirmation by the Senate.

The nominees consist of the following individuals:

  • Joseph Simons.  Mr. Simons, a Republican, is currently an attorney in private practice in Washington, D.C., and formerly served as a head FTC antitrust lawyer.  He is nominated for a term of seven years from September 26, 2017, the date on which term of FTC Commissioner Terrell McSweeny expired.  (Despite the expiration of her term, Ms. McSweeny, a Democrat, continues to serve as an FTC Commissioner, reportedly in accordance with a long-standing FTC practice of commissioners remaining in their positions until a replacement is confirmed.)
  • Rohit Chopra.  Mr. Chopra, a Democrat, currently serves as a senior fellow at the Consumer Federation of America, formerly served as the CFPB’s Student Loan Ombudsman.  Mr. Chopra is nominated to fill the unexpired term of seven years from September 26, 2012 of Joshua Wright who resigned.
  • Noah Phillips.  Mr. Phillips, a Republican, currently serves as Chief Counsel to Senator John Cornyn, the Republican Whip.  Prior to his service in the Senate, Mr. Phillips worked as an attorney in private practice in New York City and Washington, D.C.  Mr. Phillips is nominated for a term of seven years from September 26, 2016, the date on which the term of former FTC Commissioner Julie Brill expired.
  • Christine Wilson.  Ms. Wilson, a Republican, currently serves as Senior Vice President for Regulatory & International Affairs at Delta Air Lines.  She previously was an attorney in private practice in  Washington, D.C.  Ms. Wilson is nominated for a term of seven years from September 26, 2011, the date on which the term of FTC Commissioner Maureen Ohlhausen expires, and is thereafter reappointed for a term of seven years (from September 26, 2018).  (Ms. Ohlhausen, who has been serving as Acting FTC Chair, was recently appointed by President Trump to serve as a judge on the U.S. Court of Federal Claims.)

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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