Deep Dive Episode 251 - FTC: Cost/Benefit Analysis of Proposed Rules – A Deeper Dive
Regulatory Transparency Project's Fourth Branch Podcast
Regulatory Transparency Project's Fourth Branch Podcast
Although primarily an enforcement agency, the Federal Trade Commission (FTC) has issued a historic number of proposed rules over the past two years. From prohibiting non-compete provisions potentially impacting 30 million employment contracts or privacy and data security rules implicating personal information online, these proposed rules will affect most sectors of the U.S. economy. This panel of experts will explore how a federal agency undertakes the cost-benefit analysis for proposed rules, comparing independent agencies to those subject to OIRA review, and provide practical tips for lawyers and economists working on agency rulemaking comments.
Featuring:
Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.
*******
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
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.
Senior Vice President, Regulatory Affairs, National Automotive Dealers Association
Paul D. Metrey is the Senior Vice President, Regulatory Affairs for the National Automobile Dealers Association. In this capacity, he directs a team of attorneys who represent dealer interests before, and educate dealers on regulations promulgated by, federal executive branch agencies that oversee dealer operations.
Mr. Metrey is the author and editor of numerous NADA publications, including the NADA/NAMAD/AIADA Model Dealership Voluntary Protection Products Policy and the NADA/NAMAD/AIADA Fair Credit Compliance Policy & Program. He frequently speaks to dealers, Automotive Trade Association Executives, dealership compliance professionals, and other industry groups on an array of regulatory topics. Mr. Metrey is active in several professional organizations and serves on the Governing Committee of the Conference on Consumer Finance Law.
Mr. Metrey joined NADA in 2001 as its Director, Regulatory Affairs. He previously served as an attorney with the Federal Emergency Management Agency and as an active-duty Army JAG officer, with assignments in Germany, The Netherlands, and Fort Meade, Maryland. He also served in a reserve capacity as the Chief, International Law Branch of the National Guard Bureau’s Legal Support Office. Mr. Metrey obtained a Juris Doctorate degree from Catholic University’s Columbus School of Law and a Bachelor of Arts degree from Virginia Tech.
Of Counsel, Covington & Burling LLP
The Honorable Paul J. Ray is currently Of Counsel at Covington & Burling LLP where he advises clients on regulatory opportunities and challenges and helps them formulate and execute advocacy strategies for their regulatory policy priorities before the executive branch and Congress.
During the first Trump Administration, Paul held various senior positions at the Office of Information and Regulatory Affairs (OIRA) within the White House’s Office of Management and Budget, including as acting, and then Senate-confirmed, head of the office. As OIRA Administrator (the "regulations czar"), Paul supervised the review of hundreds of regulations from across the government, drafted numerous executive orders governing the regulatory process, and led the Administration’s regulatory reform effort. As a result of this experience, Paul is well-positioned to help clients understand and achieve regulatory policy priorities in the context of the government’s regulatory agenda and ongoing reform efforts.
Most recently, Paul was also the Director of the Roe Institute for Economic Policy Studies at The Heritage Foundation. In that role, he supervised the formulation of the Foundation’s economic and regulatory policy recommendations and provided technical assistance to congressional committees and staff regarding legislative changes to the regulatory process. In addition to his role at The Heritage Foundation, Paul also served as a Senior Advisor at a strategic advisory firm. Before his time in government, Paul practiced law at a law firm in Washington, specializing in administrative law matters.
Prior to his role at the White House, Paul was Counselor to the Secretary at the U.S. Department of Labor. There he led departmental efforts in high-profile rulemakings and helped formulate the Department’s legal positions and strategy.
Paul served as a law clerk to Supreme Court Justice Samuel Alito and as a law clerk to the Honorable Debra Livingston of the U.S. Court of Appeals for the Second Circuit.
Paul is a thought leader in the conservative legal movement and is a frequent commentator and speaker on regulatory policy and reform matters, including at law schools, professional gatherings, and other venues. He is the Chairman of Innovations in Peacebuilding International and the Regulatory Process Working Group of the Federalist Society’s Regulatory Transparency Project and a public member of the Administrative Conference of the United States. Paul is also an adjunct lecturer at the Hillsdale College School of Government.
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.
Chief Legal Officer and Policy Director, Cicero Institute
Jonathan Wolfson is the Chief Legal Officer and Policy Director at the Cicero Institute. Before joining Cicero, he led the Policy Office at the U.S. Department of Labor where he managed DOL's deregulatory efforts and oversaw DOL's internal policy development think tank. He previously was a litigator and regulatory attorney at an international law firm representing clients before state and federal courts across the country. Following law school he served as a law clerk to The Honorable Edith Brown Clement of the U.S. Court of Appeals for the Fifth Circuit. Before law school, Jonathan was a policy analyst at the White House Council of Economic Advisers.
Jonathan received an A.B. in Economics from Washington University in St. Louis and a J.D. from the University of Virginia School of Law, where he was an Olin Law and Economic Fellow and won the John M. Olin Prize for best original law and economics research.