On July 3, President Biden announced nominees Andrew Ferguson and Melissa Holyoak to the Federal Trade Commission, filling two Republican vacancies.
Ferguson has served as the Solicitor General of Virginia since February 2022, overseeing the state’s appellate litigation, including at
On June 2, 2023, the United States Securities and Exchange Commission (“SEC”) dismissed 42 administrative enforcement actions and vacated 48 collateral industry bars because its Division of Enforcement (“Enforcement”) staff improperly had access to memoranda prepared to assist SEC Commissioners
On June 1, 2023 the U.S. Supreme Court vacated and remanded two Seventh Circuit decisions involving the False Claims Act (FCA), holding in a unanimous opinion that the FCA’s scienter element turns on a defendant’s subjective belief and intent, not
BREAKING NEWS: On May 25, the U.S. Supreme Court ruled against the EPA in a wetlands regulation challenge, limiting federal power over wetlands and boosting personal property rights over clean water.
The case (Sackett v. Environmental Protection Agency, No. 21-454)
On May 5, 2023, the SEC announced its first enforcement actions under Rule 22e-4 under the Investment Company Act of 1940, the SEC’s liquidity rule, specifically in the form of a lawsuit filed in federal court and a settled administrative proceeding—both
On May 12, 2023, the U.S. Department of the Treasury and the Internal Revenue Service (IRS) issued Public Notice 2023-38, indicating their intent to propose regulations to address application of the rules that taxpayers must satisfy in order to
FDA Guidance Seeks to Catch-Up to the Instagram and TikTok Era
Social media logos
The laws governing marketing prescription drugs have been well established for many years. Consumers are accustomed to hearing a slew of warnings and conditions at the
By: Matthew A. Rossi and Eleanor Hudson Callaway
On Friday, April 14, 2023, the Supreme Court cleared the way for respondents in Federal Trade Commission (“FTC”) and Securities and Exchange Commission (“SEC”) administrative proceedings to challenge the constitutionality of those
On April 13, the Federal Trade Commission (“FTC”) sent a Notice of Penalty Offenses to approximately 670 companies detailing conduct that the FTC claims violates the prohibition on unfair or deceptive trade practices set forth in Section 5 of the
The FDA has recently stepped up its enforcement activity with respect to animal and pet food manufacturing. On February 8, 2023, the FDA announced an expansion of a voluntary recall for a Nestlé Purina dog food product. On March 10,
