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Our Curious Amalgam

Axin’ the FTC’s Administrative Authority? The Implications of Axon Enterprise, Inc. v. FTC

Elyse Dorsey and Jana Irina Seidl

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On April 14, 2023, the U.S. Supreme Court issued its unanimous opinion in Axon Enterprise, Inc. v. Federal Trade Commission, holding that parties contesting the agency's constitutionality may commence immediate collateral challenges in federal court. Will this decision prompt a host new of challenges to the FTC's authority? In this episode, co-hosts Elyse Dorsey and Jana Seidl speak with Nandu Machiraju, Partner at Baker McKenzie, about the Supreme Court’s recent decision and what it means for the FTC and for parties facing the prospect of FTC administrative enforcement.