Deep Dive Episode 203 – FTC’s Revolution Through Rulemaking
Regulatory Transparency Project's Fourth Branch Podcast
Regulatory Transparency Project's Fourth Branch Podcast
The FTC is undertaking an ambitious and historic effort to craft de novo competition and privacy rules that will impact the entire U.S. economy. While some have applauded FTC’s efforts, others have questioned the FTC’s statutory authority to craft such rules. This webinar featured a panel of experts discussing the agency’s statutory authority, processes and procedures, and specific rules that may be in play.
Featuring:
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Internet Policy Counsel and Director of Appellate Litigation, TechFreedom
Corbin Barthold is TechFreedom's Internet Policy Counsel and Director of Appellate Litigation.
Corbin clerked for the Hon. Steven D. Merryday (M.D. Fla.) and the Hon. Robert H. Cleland (E.D. Mich.). After his clerkships, he became an associate, and later a partner, in the Los Angeles office of Browne George Ross LLP, where he engaged in high-stakes complex litigation. He then served as Senior Litigation Counsel at Washington Legal Foundation, a D.C. public-interest firm, where his practice focused on appeals involving administrative law, the separation of powers, antitrust, and tech policy.
Corbin received his J.D. from the University of California, Berkeley, School of Law. He also holds a B.A., magna cum laude and Phi Beta Kappa, from the University of California, San Diego, and an Msc., with distinction, from the London School of Economics.
Partner, Sidley Austin LLP
William has more than three decades of experience in the fields of antitrust and consumer protection. Most of his experience has been in private practice, but from 2005 to 2009 he served as the General Counsel of the Federal Trade Commission.
In private practice, his engagements have involved evaluation and advice, regulatory filings, civil and criminal investigations, advocacy before federal and state enforcement agencies (most frequently the U.S. Department of Justice and Federal Trade Commission), coordination with foreign counsel, negotiation and entry of consent orders, and federal court litigation. Notable representative matters have included the following public-record cases:
During Bill’s four-year term as General Counsel of the FTC, he served as the agency’s chief law officer. His responsibilities included advising the Commission on law and policy, representing the agency in federal and state courts, and coordinating with other agencies of government. Among his other activities while at the FTC, Bill:
Associate Director, NERA Economic Consulting
Andrew Stivers specializes in the economics of consumer protection and privacy. He has developed and conducted analysis of novel and complex questions of consumer behavior and injury related to privacy, algorithmically driven practices, and cutting-edge promotion and advertising strategies.
Dr. Stivers has provided his economic expertise to companies in the top tiers of the video/audio streaming, retail platform, gig economy, gaming, and health data industries. He has also consulted with a broad range of established and growing businesses, including in the telecommunications, payments, investment, and food and supplement industries. Dr. Stivers helps clients achieve fair outcomes that are grounded in rigorous and accessible economic analysis.
Prior to joining NERA, Dr. Stivers was a senior official in the US Federal Trade Commission’s Bureau of Economics, where he oversaw economic analysis of all consumer protection and privacy matters. He advised the Bureau of Consumer Protection and Commissioners on hundreds of regulatory and law enforcement matters during his seven-year tenure leading this work at the Commission. Dr. Stivers was directly involved in developing economic analysis and standards for evaluating novel and consequential matters.
Prior to his leadership role at the FTC, Dr. Stivers served as the Director of the Division of Public Health Informatics and Analytics at the Food and Drug Administration’s Center for Food Safety and Applied Nutrition, overseeing the Center’s statistical, epidemiological, and consumer research groups. His regulatory work for the agency included providing economic and behavioral analysis to consumer nutrition labeling initiatives. As an academic, Dr. Stivers focused his research on the regulation of information and language in the marketplace.
Dr. Stivers has written and presented on complex and wide-ranging economic topics, published economic papers, and presented keynotes and panel discussions on a variety of informational, privacy, data security, and consumer behavior topics. These include invited presentations at academic and regulator-sponsored conferences and workshops, including by the FTC and the Bank of Canada.
Partner, Gibson, Dunn & Crutcher, LLP
Svetlana S. Gans is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, LLP where she helps clients navigate complex consumer protection, privacy, and competition related regulatory proceedings before the U.S. Federal Trade Commission (FTC), , U.S. Department of Justice Antitrust Division, State Attorneys General and other enforcement bodies. Ms. Gans also assists on litigation matters and provides strategic counseling and advice related to public policy issues.
Before joining Gibson Dunn, she served as the Vice President & Associate General Counsel at NCTA, the Internet & Television Association, where she helped lead the association’s consumer protection and competition policy work. Prior to joining NCTA, Ms. Gans served with distinction as Chief of Staff to Acting Chairman Maureen K. Ohlhausen at the FTC. As the agency chief of staff, Ms. Gans managed and oversaw agency operations, including bureau and office heads reporting to the Chairman, a seven-member office staff, and an agency budget of over $300 million. She also served as the Acting Chairman’s key advisor on consumer protection and competition investigations and litigation, working with a diverse team of attorneys and economists to preserve competition and protect U.S. consumers. She created, executed, and oversaw several strategic initiatives for the agency, including the agency process reform, regulatory reform, and data security transparency initiatives. Previously, Ms. Gans had the unique experience of serving in both litigating bureaus of the FTC: the Bureau of Competition and the Bureau of Consumer Protection.
Prior to her time in government, Ms. Gans worked as an antitrust associate at major law firms. Her practice focused on defending consumer product, financial services, and trade association clients in regulatory and private investigations alleging conspiracy and violations of antitrust and consumer protection laws.
Ms. Gans has been an active leader in the ABA Antitrust Law Section (“Section”) for two decades, and currently serves as the Section’s Marketing Officer. Ms. Gans helped create the Section’s Young Lawyer Representative Program, now in its 10th year, and the Section’s Law Ambassador Program, each aimed at developing and promoting the next generation of consumer protection and competition attorneys. Ms. Gans is also active in the Federal Communications Bar Association, currently serving as Co-Chair of the Diversity Pipeline Initiative and the Women’s Leadership Committee.
Ms. Gans received her law degree with high honors from the University of Denver College of Law. During law school, Ms. Gans served as a Judicial Intern to the Honorable John L. Kane, Jr. and as an Honors Program Paralegal for the United States Department of Justice Antitrust Division, Merger Taskforce. Ms. Gans earned her undergraduate degree cum laude from Boston University.