Deep Dive Episode 245 - Courthouse Steps Oral Argument: Axon v. Federal Trade Commission
Regulatory Transparency Project's Fourth Branch Podcast
Regulatory Transparency Project's Fourth Branch Podcast
On November 7, the U.S. Supreme Court heard Axon Enterprise, Inc. v. Federal Trade Commission, to decide whether Congress stripped federal district courts of jurisdiction over constitutional challenges to the FTC by granting the courts of appeals jurisdiction over FTC cease-and-desist orders. This panel will discuss key take-aways from the oral argument and implications for administrative litigation at the Federal Trade Commission, and perhaps for other agencies as well.
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.
Executive Director, Committee for Justice
Ashley Baker serves as Executive Director at the Committee for Justice. Her focus areas include the Supreme Court, regulatory policy, antitrust, and judicial nominations. Her writing has appeared in Fox News, USA Today, The Boston Globe, The Hill, RealClearPolitics, The American Spectator, and elsewhere. Ashley is also the founder of the recently-formed Alliance on Antitrust coalition. She has testified before the United States Senate on the topic of antitrust law.
Ashley is an active member of the Federalist Society, where she serves as a member of the Regulatory Transparency Project's Antitrust & Consumer Protection and Cyber & Privacy working groups. As a member of the Republican National Lawyers Association, she has served as a speaker on the Supreme Court and the federal judiciary.
As an expert on the judicial nominations process, Ashley worked closely on the efforts to confirm Justices Neil Gorsuch and Brett Kavanaugh.
Much of Ashley’s work is at the intersection of the courts, regulation, and technology. Ashley also engages in policy analysis and outreach on legislation and regulations related to these issues by writing op-eds, letters to Congress for committee hearings, and regulatory comments.
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
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.
Program Director and Faculty, National Institute for Trial Advocacy
Henry Su is a seasoned trial lawyer, teacher, and thought leader whose legal work has focused on what he calls the “three A’s”—Antitrust, Advocacy, and Access to Justice.
Based in Washington, DC, he has spent the bulk of his career practicing in the fields of antitrust, consumer protection, intellectual property, and technology law, which are critical to ensuring that we all continue to enjoy the benefits of competition and innovation. He provides a unique combination of experience and expertise in (1) law enforcement, regulation, legislation, and policymaking—as a former senior official with the U.S. Federal Trade Commission (FTC) for nearly seven years, and (2) technology, innovation, business strategy, and startup activity—as a Silicon Valley-based senior litigator for nearly ten years.
His government service at the FTC included two stints as a senior trial lawyer in the agency’s Bureau of Competition (January 2013 to February 2015, February 2017 to August 2017), litigating merger and conduct cases (e.g., St. Luke’s/Saltzer, 1-800 Contacts) and participating in the investigation of several others. Additionally, he served as an attorney advisor to Commissioner J. Thomas Rosch (January 2011 to January 2013) and Chairwoman Edith Ramirez (February 2015 to February 2017), providing advice and counsel to each Commissioner on a wide range of antitrust and competition matters, topics, and issues.
A veteran member of the American Bar Association (ABA) Antitrust Law Section’s leadership, he currently serves as a member of the governing Council and as co-chair of the Antitrust Fall Forum. He is also a member of the U.S. Advisory Board of the Institute for Consumer Antitrust Studies at the Loyola University Chicago School of Law.
He is a longtime program director and faculty member with the National Institute for Trial Advocacy (NITA), a nonprofit organization that has been dedicated since 1971 to the training and development of effective and ethical courtroom advocates, who are essential to preserving and improving our adversarial system of justice. His teaching runs the gamut of NITA’s programming—from trainings on trial, motion, and deposition practice to webcasts and podcasts on topics like evidentiary foundations and lawyer well-being. In 2021 he was recognized by NITA for his outstanding service as faculty with the 2020 Hon. Robert E. Keeton Award. He is also a Senior Fellow of the Litigation Counsel of America.
When it comes to trial and appellate work, he deeply appreciates the value of “learning by doing.” Some skills cannot be effectively acquired or developed except through practice, as he found out when he cut his teeth handling criminal and civil cases pending in the United States District Court for the Eastern District of Virginia—the original “Rocket Docket.” He wishes he had known some of the NITA techniques and drills when he was a junior lawyer. That is a big reason why nowadays he does his part to make NITA training widely available to upcoming generations of lawyers through programs, including public service courses, offered around the country.
Last but not least, he chairs the ABA Standing Committee on Pro Bono and Public Service, whose mission is to ensure access to justice through the expansion and enhancement of the delivery of legal and other law-related services to the underserved through volunteer efforts of legal professionals nationwide. He strives to lead by example, participating for instance as a volunteer attorney with ABA Free Legal Answers. In 2021 he was recognized as an ABA Free Legal Answers 2020 Pro Bono Leader for his pro bono service. He also serves on the Virginia State Bar’s Access to Legal Services Committee, and he is a Patron Fellow of the American Bar Foundation.
He graduated cum laude from Yale University with a B.S. degree in Biology, and then attended the University of Virginia School of Law, where he earned a J.D. degree and received the John M. Olin Prize in Law and Economics. He is a member of the California, District of Columbia, and Virginia bars.