Challenging the

Constitutionality of FTC & Other Federal Administrative

Enforcement Proceedings

Wednesday, July 12, 12:30 pm - 1:30 pm Pacific via ZOOM

Register to Attend

BHBA members attend all CLE webinars for free. There is a fee for non-members. Check out all membership options at

Earn 1.0 CA CLE Hour

Meet the Speakers

David C. Shonka

Partner, Redgrave LLP;

Former FTC Acting

General Counsel &

Principal Deputy General


Lawrence S. Ebner

Executive Vice President

& General Counsel,

Atlantic Legal Foundation;

Founder, Capital Appellate Advocacy PLLC

Malcolm S. McNeil

Partner & International Practice Co-Leader

ArentFox Schiff

President, BHBA


About the Program

Last April in Axon Enterprise, Inc. v. FTC the U.S. Supreme Court opened federal district court doors to litigation challenging the constitutionality of civil enforcement proceedings brought by the Federal Trade Commission (FTC) or the Securities and Exchange Commission (SEC) before their own administrative law judges. This fast-paced webinar will focus on FTC civil enforcement proceedings in the antitrust and consumer protection arenas. Former FTC Acting General Counsel Dave Shonka will explain how the FTC administrative enforcement process works from both the agency’s and an enforcement target’s point of view. Appellate specialist Larry Ebner, who filed three amicus in the Axon case on behalf of the Atlantic Legal Foundation, will discuss the Axon decision. Both panelists will provide insights on Axon’s implications for the FTC and other independent regulatory agencies that almost always win when they utilize their own in-house courts to impose adjudicated or agreed-upon financial penalties and other sanctions on corporations or individuals. BHBA President Malcolm McNeil will moderate the session in a question-and-answer manner.

This program is presented by the Business Law section chaired by Jennifer Goldstein and Thomas Gaffney Find out more about the section at

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CLE CREDIT: This activity has been approved for participatory Minimum Continuing Legal Education credit by the State Bar of California in the amount shown above and the Beverly Hills Bar Association certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. 

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