The Supreme Court unanimously ruled in two related cases, Axon Enterprise Inc. v. FTC (No. 21-86) and SEC v. Cochran (No. 21-1239), that federal district courts have jurisdiction to hear structural constitutional challenges to the adjudicative authority of the Federal Trade Commission and the Securities and Exchange Commission. 

As a consequence, in such challenges, respondents need not wait until the appeal of an adverse FTC or SEC adjudication to raise such arguments in court.

Click here to read entire the Update.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Shylah Alfonso Shylah Alfonso

Shylah Alfonso is an innovative problem solver who delivers. Focusing on antitrust counseling and litigation, antitrust clearance for mergers and acquisitions, class action and complex commercial litigation, and intellectual property and fair, reasonable, and nondiscriminatory (FRAND) litigation, she thrives on complex matters and…

Shylah Alfonso is an innovative problem solver who delivers. Focusing on antitrust counseling and litigation, antitrust clearance for mergers and acquisitions, class action and complex commercial litigation, and intellectual property and fair, reasonable, and nondiscriminatory (FRAND) litigation, she thrives on complex matters and regularly leads large cross-office and cross-disciplinary teams.

Photo of Janis Kestenbaum Janis Kestenbaum

Janis Kestenbaum is a partner in the Privacy & Security practice and Advertising, Marketing & Promotions industry group. Janis represents companies under investigation by the Federal Trade Commission (FTC), state attorneys general, congressional committees, and foreign data protection authorities regarding privacy, data security…

Janis Kestenbaum is a partner in the Privacy & Security practice and Advertising, Marketing & Promotions industry group. Janis represents companies under investigation by the Federal Trade Commission (FTC), state attorneys general, congressional committees, and foreign data protection authorities regarding privacy, data security, and consumer protection issues.

Photo of Sean Knowles Sean Knowles

Sean Knowles focuses his practice on securities litigation, corporate governance matters and white collar investigations and defense.

Photo of Calvin Cohen Calvin Cohen

Calvin Cohen counsels clients on compliance with privacy laws and regulations, and represents clients in privacy-related regulatory enforcement actions and litigation matters.

Photo of Emma Roberts Emma Roberts

Emma Roberts has assisted various clients—from Fortune 500 companies to emerging startups—with a wide range of matters at both the state and federal court level. Emma has experience providing pre-litigation counseling, managing e-discovery, engaging in pleadings and motions practice, and developing trial strategy.