Regulation of Business

Federal Trade Commissioner Maureen Ohlhausen on the FTC and Advertising Substantiation

Corporations, Securities & Antitrust and Telecommunications & Electronic Media Practice Groups Teleforum February 27, 01:00 PMFederalist Society Teleforum Conference Call

One of the Federal Trade Commission’s key duties is to protect consumers from deceptive advertising. The FTC does this, in part, by ensuring that advertisers can substantiate their claims. While executing this duty, the FTC generally seeks to prevent consumer harm while maximizing the amount of useful information available to consumers. Commissioner Maureen Ohlhausen believes that, in some cases over the past several years, the FTC has required a heightened level of substantiation, thereby reducing the useful information available to consumers. In a recent decision, POM Wonderful, the D.C. Circuit offered additional guidance on striking the proper balance, echoing themes that Commissioner Ohlhausen has raised in debates with her colleagues at the FTC. Commissioner Ohlhausen will discuss this and other recent cases and how the FTC should address deceptive advertising in the future.

  • Hon. Maureen K. Ohlhausen, Federal Trade Commissioner

Single Point of Entry – A Response to Paul Kupiec and Peter Wallison - Podcast

Financial Services & E-Commerce Practice Group Podcast
Randall Guynn, David Skeel, James Wigand February 18, 2015

In December 2013, the Federal Deposit Insurance Corporation (FDIC) released a proposal on the “Single Point of Entry” (SPOE) strategy as a means of resolving large failing banks without financial-market disruption. Paul Kupiec and Peter Wallison wrote a paper strongly critiquing the strategy, and presented it to Federalist Society members on a January 22 Teleforum conference call. A recording of their presentation is available here. Randall Guynn, Prof. David Skeel, and James Wigand offered their defense of SPOE and their response to Mr. Kupiec and Mr. Wallison on a Teleforum conference call.

  • Randall Guynn, Partner, Davis Polk & Wardwell LLP
  • Prof. David Skeel, S. Samuel Arsht Professor of Corporate Law, University of Pennsylvania Law School
  • James Wigand, Partner, Millstein & Co.

Consumer Financial Protection Bureau Update - February 2015 - Podcast

Financial Services & E-Commerce Practice Group Podcast
Wayne A. Abernathy, Todd J. Zywicki February 12, 2015

Members of the Federalist Society’s Financial Services & E-Commerce Practice Group Executive Committee provided an update on recent important activity at the Consumer Financial Protection Bureau (CFPB). Recent developments included a CFPB study on the Military Lending Act, activity at the FDIC related to Operation Chokepoint, the Independent Community Bankers Association survey of the effect of CFPB regulations on residential mortgage lending, and also a recent Harvard study about the effect of the Dodd-Frank Act on community banks.

  • Hon. Wayne A. Abernathy, Executive VP for Financial Institutions Policy and Regulatory Affairs, American Bankers Association
  • Prof. Todd J. Zywicki, Foundation Professor of Law, George Mason University School of Law

Government Regulation in the Sharing Economy - Event Audio

2015 Annual Western Chapters Conference
Evan Baehr, Katie Biber Chen, Andrea Ambrose Lobato, Stephen R. Miller, Carlos T. Bea, David DeGroot February 10, 2015

In the innovation economy, entrants often confront increased regulatory hurdles, particularly on a state level, as they enter the marketplace and disrupt previously tightly regulated industries, such as hospitality and transportation. In California, for example, legislators have proposed rigorous insurance requirements, drug testing, and new background checks on Uber and Lyft drivers that traditional taxicab drivers do not face. Airbnb faces scrutiny in New York, with critics accusing it of violating rent control laws by creating an underground rental market, threatening public safety and driving up rental prices. In New Jersey, Tesla sales have been shut down after licensing restrictions prevented direct-to-consumer sales of electric vehicles, bypassing franchised dealers. While the entrants contend that these restrictions only serve to restrain competition and protect special entrenched interests, the critics maintain that consumer protection and maintaining a level playing field are the true goals in their regulatory policies. What’s the proper balance between innovation and regulation? Will these new entrants incentivize innovation or will existing regulatory capture only succeed in maintaining the status quo? Are state regulations the greatest impediment to innovation, or do federal regulations also impede progress?

This panel was part of the 2015 Annual Western Chapters Conference held on January 24, 2015, at the Ronald Reagan Presidential Library in Simi Valley, CA.


  • Evan Baehr, Co-founder, Outbox and Co-founder, Able Lending
  • Katie Biber Chen, Senior Counsel, Airbnb 
  • Andrea Ambrose Lobato, Policy Counsel, Lyft
  • Prof. Stephen Miller, University of Idaho School of Law 
  • Moderator: Hon. Carlos Bea, U.S. Court of Appeals, 9th Circuit
  • Introduction: Mr. David DeGroot, Special Counsel, Sheppard Mullin Richter & Hampton LLP and President, San Francisco Lawyers Chapter

The Ronald Reagan Presidential Library
Simi Valley, CA

Address by John Allison - Event Audio

2015 Annual Western Chapters Conference
John A. Allison, Andrew G. Pappas February 10, 2015

John Allison, President and CEO of the Cato Institute, delivered the Keynote Address at the 2015 Annual Western Chapters Conference. He was introduced by Andrew Pappas, President of the Los Angeles Lawyers Chapter. The annual conference was held at The Ronald Reagan Presidential Library in Simi Valley, CA on January 24, 2015.


  • Mr. John Allison, President and CEO, Cato Institute and former CEO, BB&T
  • Introduction: Mr. Andrew G. Pappas, Gibson Dunn & Crutcher and President, Los Angeles Lawyers Chapter

The Ronald Reagan Presidential Library
Simi Valley, CA