Federal Regulatory Enforcement: Alive or Dead?
This presentation focused on the Federal Communications Commission (FCC) as a vehicle to examine how the U.S. Supreme Court decision in Securities and Exchange Commission v. Jarkesy disrupted/had disrupted in-house enforcement actions by federal regulatory agencies.
Resources & Citations:
- SEC v. Jarkesy, 603 U.S. 109 (2024).
- Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024).
- McLaughlin Chiro. Assocs., Inc. v. McKesson Corp., 606 U.S. 146 (2025).
- Exec. Order No. 13892, 84 Fed. Reg. 55239 (Oct. 15, 2019).
- Exec. Order No. 14215, 90 Fed. Reg. 10447 (Feb. 18, 2025).
- Exec. Order No. 14219, 90 Fed. Reg. 10583 (Feb. 19, 2025).
- Trump v. Wilcox, 145 S.Ct. 1415 (2025).
- Trump v. Boyle, 145 S.Ct. 2653 (2025).
- In re Telnyx LLC, Notice of Apparent Liability for Forfeiture, FCC 25-10 (Feb. 4, 2025).
- In re Ensuring Fair Notice, Consistency, and Government Accountability in FCC Enforcement, CTIA – The Wireless Assoc. et al., Petition for Rulemaking, RM – (May 1, 2025).
- AT&T v. FCC, 135 F.4th 230 (5th Cir. 2025).
- Sprint v. FCC, 2025 WL 2371009 (D.C. Cir. 2025).
- In re China Mobile International (USA) Inc., Citation and Order, DA 25-512 (June 16, 2025).
- Letter to BCM One Cloud Communications LLC dba Flowroute, Patrick Webre, Acting Chief, Enforcement Bureau, FCC (May 16, 2025).
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Before proceeding, please note: If you are not a current client of Perkins Coie, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Perkins Coie has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing or retaining a lawyer. An attorney-client relationship with Perkins Coie or any lawyer at Perkins Coie is not established until and unless Perkins Coie agrees to such a relationship as memorialized in a separate writing.