Category: Federal Agency Litigation

February 6, 2018

The Extraordinary Reach of FTC Ex Parte

The Federal Trade Commission (“FTC”) is granted extraordinary authority to participate in ex parte discussions with judges, conduct investigations and enact enforcement actions like asset freezes and TROs without notice to the parties it is targeting. Often the first time a company learns it is under investigation is when it is served a subpoena and… Read More

February 1, 2018

Assert Your FTC Defense Before It’s Too Late

The Federal Trade Commission (“FTC”) is granted extraordinary authority to conduct investigations without giving notice to the companies in its sightlines, and the agency can enact sudden and unforeseen enforcement actions like asset freezes and TROs which take its targets completely by surprise. Often a company’s first clue it is under investigation is when it… Read More

October 25, 2017

Congress Saves Consumer Arbitration

In July 2017, the Bureau of Consumer Financial Protection (“CPFB”) announced a new rule broadly barring arbitration provisions in a wide swath of consumer contracts.  See 12 CFR part 1040.  To go into effect next Spring, the final rule would have prohibited providers of certain consumer financial products and services from using an agreement with… Read More