Case Review — Axon Enterprise, Inc. v. Federal Trade Commission

16 Min View By: Jay A. Dubow, Mary Weeks

In a new video series analyzing major court decisions, Mary Weeks and Jay A. Dubow examine the recent U.S. Supreme Court case Axon Enterprise, Inc. v. Federal Trade Commission. In Axon, the Court held in a 9–0 decision that the “review schemes set out in the Securities Exchange Act and Federal Trade Commission Act do not displace district court jurisdiction” over claims challenging the structure or existence of the SEC or FTC as unconstitutional. In their conversation, Dubow and Weeks discuss the history of the Axon case and explicate the reasoning the Supreme Court used in reaching its decision. They delve deep into the broader implications, too, including subsequent litigation; the likely impact on the SEC’s enforcement program; and what Axon might portend for challenges to the constitutionality of the administrative law judge process.

Read more about the video’s featured speakers below:

Jay A. Dubow is a partner in the Philadelphia office of Troutman Pepper. Jay co-leads the Securities Investigations + Enforcement Practice and focuses on complex business litigation, with a special emphasis on defending against shareholder derivative and securities class action litigation. He also represents clients involved in investigations by the SEC, the Pennsylvania Department of Banking and Securities, and various self-regulatory organizations, including the FINRA. He also conducts internal investigations including allegations involving the FCPA, whistle blower claims, financial fraud, and civil and criminal violations of various federal and state laws.

Mary Weeks is a partner with the Securities Litigation and Business Litigation practices of Troutman Pepper. She focuses on the defense of corporations and their directors and officers in securities class actions, shareholder derivative suits, M&A litigation and complex business disputes litigated in federal and state courts across the U.S. Clients turn to her for guidance when facing allegations of all types of shareholder disputes, including allegations of fraud, breach of fiduciary duty, and corporate governance concerns.

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