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Challenging the FTC’s Constitutionality in the Aftermath of Jarkesy

The Supreme Court on June 27 issued its opinion in Securities and Exchange Commission v. Jarkesy in which it held that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment...more

FTC Abandons Axon Challenge Following Supreme Court Loss

We have previously reported on Axon Enterprise, Inc. v. Federal Trade Commission, 598 U.S. ____, 143 S. Ct. 890 (2023), a case involving the question whether parties seeking to undertake a transaction subject to FTC review...more

Challenging the Constitutionality of the FTC’s Fundamental Structure/Processes

Supreme Court to Hear Oral Arguments in Axon Enterprises- With the October 2022 term of the U.S. Supreme Court (“Court”) now underway, health care providers and others in the health care industry contemplating merger and...more

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