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The regulatory authority of the executive branch is under attack, and BigLaw firms stacked with revolvers are on the front lines leading the assault. I’ve previously written about former FTC Commissioner Christine Varney challenging the legitimacy of her former employer on behalf of pharma company Illumina. Lawyers at Latham & Watkins, a firm stacked with revolvers from executive branch agencies, are before the Supreme Court challenging the Chevron Doctrine, which defers to executive agencies’ interpretations when legislative statutes are unclear. The Securities and Exchange Commission’s ability to hold administrative proceedings hangs in the balance as we await the Supreme Court’s decision in SEC v. Jarkesy, where the Fifth Circuit’s ruling decimated the agency’s authority. In a new attack, revolvers on the labor/management relations team at Morgan Lewis & Bockius have their sights set on the plutocrats’ latest target: the National Labor Relations Board.

The FTC has won its lawsuit against Martin Shkreli, the pharmaceutical executive infamous for jacking up the price of the antiparasitic drug Daraprim from $13.50 to $750 overnight in 2015 and later using his ill-gotten fortune to buy an exclusive Wu-Tang Clan album for $2 million. Shkreli is the quintessential corporate ghoul, having already racked up convictions for securities fraud—which resulted in an indefinite ban from the securities industries—and failure to pay $1.26 million in New York state taxes. Now, his price gouging has finally caught up with him, as the FTC successfully argued that he spearheaded an anti-competitive scheme to monopolize the drug. The presiding judge found Shkreli’s conduct to be “egregious, deliberate, repetitive, long-running, and ultimately dangerous,” issuing a $64.6 million fine and imposing a lifetime ban from the pharmaceutical industry. 

RDP Research Assistant KJ Boyle joined the Majority Report with Sam Seder to discuss his piece in The New Republic titled Donald Trump Is No Friend to the Working Class.

It’s no contest: The Biden administration’s labor policies have been dramatically better for ordinary Americans than those of his predecessor.

While former FTC commissioner Noah Phillips defends private equity from antitrust lawsuits, the media attacks current Chair Lina Khan for … doing her job.

As negotiations to prevent a government shutdown heat up once again, Democratic and Republican Representatives in the House are poised to make a play on agency resources.

Corporate greed and emaciated federal regulatory capacity means people are needlessly suffering physically, and sometimes even dying. That’s the upshot of two recent reports from the EPA’s Office of the Inspector General (OIG). These reports illustrate the concerning state of environmental regulation and enforcement in regards to water quality and refinery emissions. 

With Labor Day now behind us, Hot Labor Summer has come to a scorching end, but the labor movement is alive and well with several heavyweight bouts looming on the horizon. This transition time is the perfect moment to take stock of the Biden administration’s labor allyship — applauding recent rulemaking efforts, highlighting some shortcomings, and previewing some potential labor strikes coming this fall.

If Biden wants to keep his nickname and the working class vote, he needs to start listening to the unions.

Rep Jim Jordan and company had already been eyeing Khan for an investigation because she had the audacity to enforce a consent decree that Twitter violated under Elon Musk’s leadership. Then, they eagerly seized on last month’s (conveniently timed) reporting from Bloomberg which published a previously unseen memo from an FTC ethics official and accused Chair Khan of ignoring the official’s recommendation. With that backdrop, the Republicans seemed poised to strike while the iron was hot, a culmination of their years-long project to undermine Khan’s leadership and reputation. The result was … much different. Thanks to some sleuthing on our part and the bipartisan support for taking on tech monopolies, yesterday’s hearing was less a damning inquisition and more a victory lap for Khan’s rejuvenation of the FTC.

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. 

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. 

The Federal Trade Commission (FTC) and DOJ Antitrust Division have long served as an essential stop for antitrust experts looking to maximize opportunities, influence, and compensation at BigLaw firms and monopolistic corporations. By spending some time learning the ins and outs of government investigations and enforcement efforts, revolvers are seen by potential corporate employers to be better equipped to assist corporations in antitrust lawsuits against their former government employers.