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July 07, 2023 | The American Prospect

Timi Iwayemi

Op-Ed CryptocurrencyFinancial RegulationTreasury Department

Secretary Yellen, Where Are the Crypto Tax Regulations?

Despite this, Janet Yellen’s Treasury Department has yet to formalize the regulations that would usher in this new reporting regime. The initial expectation was to have Treasury provide the new guidance by the end of 2022, allowing reporting changes to begin with transactions completed in 2023. However, despite approval of the proposed regulations by the Office of Information and Regulatory Affairs in February (the usual stumbling block in this sort of proceeding), the department has yet to publish the regulations.

July 05, 2023 | The American Prospect

KJ Boyle

Op-Ed Anti-MonopolyEthics in GovernmentFTCIndependent Agencies

Lina Khan Haters Took A Premature Victory Lap

It turns out that the ethics official who recommended that Khan recuse herself from a case involving Meta is an owner of Meta stock. This ethics judgment was music to the ears of the media organizations, Republicans, and antitrust hacks who have been attacking Lina Khan throughout her leadership. Beyond being wrong and selective in singling out FTC officials for ethics concerns, the problem with Pankey’s opinion is deeply ironic. Pankey herself has a legitimate conflict of interest in relation to Meta. 

June 28, 2023 | Revolving Door Project Newsletter

Hannah Story Brown

Newsletter Government CapacityTreasury Department

Eighteen Months To Avoid Another X-Date

Earlier this month, Politico reported that after Biden secured his debt ceiling deal—a deal whose poison pills we’ll still be unpacking for some time to come—he went quiet on exploring options to permanently get rid of the debt ceiling.

This goes against what the president promised agitated members of his own party who urged him to take any manner of executive branch routes to resolve the crisis without capitulating to Republican demands: that it was his “hope and intention” to “find a rationale to take it to the courts to see whether or not the 14th Amendment is, in fact, something that would be able to stop it.” And it sets us up for another protracted, exhausting, damaging tête-à-tête at the edge of a fiscal cliff in just eighteen months.

June 14, 2023

KJ Boyle

Newsletter Anti-MonopolyBigLawDepartment of JusticeFTCIndependent AgenciesRevolving Door

Christine Varney Made A Career Out Of An Agency She Now Deems Unconstitutional

Implicit in the worldview of these revolvers is the idea that corporations should be free to operate and acquire competitors with near impunity, therefore antitrust enforcement should be as narrowly tailored as possible. This is obviously problematic — we need regulators that believe in the government’s ability to take on corporations with outsized market influence — but Cravath, Swaine & Moore’s Christine Varney recently took things many steps further in her representation of the biotech company Illumina in its case against the FTC. Varney doesn’t just attack specific enforcement actions as unwarranted, but calls into question the constitutionality of the FTC’s authority to issue enforcement actions in the first place.