FTC Lays Groundwork for Rulemakings: Are New Substantive Competition Rules Coming?
- The Federal Trade Commission (FTC) appears poised to begin testing the scope of its rulemaking authority, including new substantive competition rules for the first time in decades.  On March 25, 2021, FTC Acting Chairwoman Rebecca Slaughter (D) formed a group within the agency’s... ›
AMG Capital v. FTC – SCOTUS Strips the FTC of a Critical Enforcement Tool
By: Bonnie Lau, Megan E. Gerking, David J. Fioccola, Adam J. Hunt and Michael G. AhernIn a unanimous decision reversing the Ninth Circuit, the Supreme Court in AMG Capital v. FTC ended a federal circuit split and squarely held that the FTC lacks authority to pursue equitable monetary relief in federal court under Section 13(b) of the Federal Trade... ›
Schein On: Supreme Court to Decide Key Arbitration Delegation QuestionThe Henry Schein arbitration battle is making its way to the Supreme Court again. The Court recently granted Henry Schein, Inc.’s certiorari petition to answer the question of “Whether a provision in an arbitration agreement that exempts certain claims from arbitration negates an otherwise... ›
Leave Arbitration to the Arbitrator: No “Wholly Groundless” Exception Where Contract Delegates Arbitrability Determination to the Arbitrator
By: Penelope A. PreovolosThe United States Supreme Court continued the pro-arbitration trend in its jurisprudence, as well as its strict construction of the Federal Arbitration Act, in its unanimous decision in Henry Schein , Inc. v. Archer & White Sales, Inc. , No. 17-1272, 2019 WL 122164... ›