Government Agencies

FTC, Past and Future - Podcast

Telecommunications & Electronic Media and Intellectual Property Practice Group Podcast
Alden Abbott, Maureen K. Ohlhausen February 16, 2017

The Federal Trade Commission has dual missions to protect consumers and competition. The agency has a 100+ years of history as an antitrust enforcer and general consumer protection agency. And over the last 20 years it has emerged as the lead U.S. agency addressing consumer privacy and data security. During the past administration, the agency faced challenges within and without. How well has it executed its dual missions? What external factors (such as actions by the CFPB and FCC) have affected its ability to further its missions? And how might the agency improve in the coming administration? To answer these questions we'll talk to Heritage Senior Fellow Alden Abbot and FTC Acting Chairman Maureen K. Ohlhausen.


  • Alden Abbott, Deputy Director of the Edwin Meese III Center for Legal and Judicial Studies and the John, Barbara, and Victoria Rumpel Senior Legal Fellow, The Heritage Foundation
  • Hon. Maureen K. Ohlhausen, Commissioner, Federal Trade Commission


“Dear Colleague”/Guidance Letters, Consent Decrees, and other administrative law innovations - Event Audio/Video

19th Annual Faculty Conference
Richard A. Epstein, Gail Heriot, Richard Pierce, Aaron Saiger, Michael W. McConnell January 23, 2017

This panel will discuss administrative agencies’ increasing use of devices such as guidance letters, consent decrees, and Notices of Proposed Rulemaking (instead of final rules or adjudications issued with APA procedural protections) as mechanisms for setting major policies that may be effectively binding on private parties.

This panel was held on January 6, 2017 during the 19th Annual Faculty Conference in San Francisco, CA.

Panel: “Dear Colleague”/Guidance Letters, Consent Decrees, and other administrative law innovations
9:00 am - 10:45 am
3rd Floor, Embarcadero Room

  • Prof. Richard Epstein, New York University School of Law
  • Prof. Gail Heriot, University San Diego School of Law
  • Prof. Richard Pierce, The George Washington University Law School
  • Prof. Aaron Saiger, Fordham University School of Law
  • Moderator: Hon. Michael W. McConnell, Stanford Law School

Parc 55 San Francisco - A Hilton Hotel
San Francisco, CA

The Limits of Federal Criminal Law - Event Audio/Video

Criminal Law & Procedure Practice Group
Cristina C. Arguedas, Leslie R. Caldwell, Benjamin L. Hatch, John C. Richter, Joseph F. Savage, Stuart S. Taylor December 09, 2016

In the last year, the Department of Justice lost three major cases against Fed Ex, Vascular Solutions and Warner Chilcott. Critics argue that each case was an example of over-enforcement by DOJ and overcriminalization by Congress. Proponents assert that it is a critical role of government to police and dissuade bad acts by private citizens and corporations. Are there too many federal agencies, giving prosecutors too much power over individuals and corporations? Is it good policy to prosecute individual employees of a corporation, as suggested in the Yates memorandum? Panelists, including lawyers in each of these three cases, will discuss the limits of federal criminal law and prosecutions.

This panel was held on December 8, 2016, at the National Press Club in Washington, DC.


  • Cristina C. Arguedas, Partner, Arguedas, Cassman & Headley LLP 
  • Leslie R. Caldwell, Assistant Attorney General for the Criminal Division, The United States Department of Justice
  • Ben Hatch, Partner, McGuireWoods
  • John Richter, Partner, King & Spalding 
  • Joseph Savage, Partner, Goodwin Proctor 
  • Moderator: Stuart S. Taylor, Contributing Editor, National Journal

National Press Club
Washington, DC

Is the CFPB Unconstitutional?

Short video featuring Gregory Jacob
Gregory F. Jacob December 08, 2016

Is the consolidation of financial regulation oversight into one unelected official constitutional? Gregory Jacob, Partner at O’Melveny & Myers, LLP, gives a history of the establishment of the Consumer Financial Protection Bureau (CFPB) as a response to the financial crisis of 2008 and discusses a recent decision by the D.C. Circuit regarding the agency's structure.