On March 18th President Trump fired the Federal Trade Commission’s two Democratic Commissioners, Alvaro Bedoya and Rebecca Kelly Slaughter. The news broke when Commissioner Bedoya took to the social media site X, stating, “I am a commissioner at the Federal Trade Commission. The president just illegally fired me. This is corruption plain and simple.”

The firing of the Commissioners — each nominated by the President, and confirmed by the Senate— is the latest effort by the Administration to expand presidential power over the executive branch, including independent agencies. The dismissals follow executive orders from February 18th and March 14th, both asserting broad powers of the President over federal agencies.

News outlets report that both Bedoya and Slaughter plan to challenge the firings in court. The outcome of those battles could have outsized effects on the future of Humphrey’s Executor and the FTC’s governance, independence, and regulatory focus.

As reported on in a prior Client Alert, recent Supreme Court decisions weakening Humphrey’s Executor will play a pivotal role in challenges to the firings. Those decisions indicate that the Supreme Court may be willing to find that the Administration has greater power over once unquestionably independent agencies. 

In the meantime, the FTC’s permissive quorum rule allows the two remaining republican Commissioners to continue carrying on Commission action without new appointments.

Crowell attorneys will continue to monitor these and related developments.

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Key staffing changes are afoot at the U.S. Consumer Product Safety Commission (“CPSC”), as two individuals have recently joined the Agency’s leadership ranks.

Brien Lorenze joined the CPSC as the new Executive Director on March 6, 2025, succeeding Austin Schlick. Executive Director Brien Lorenze most recently served as Senior Advisor in the Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”). Prior to this role at FinCEN, he served as Chief Data Officer for the Pandemic Response Accountability Committee, an independent oversight committee created by Congress in 2020 focused on pandemic relief spending. Mr. Lorenze has also held executive positions at Deloitte, BearingPoint, and IBM Global Services. In announcing Mr. Lorenze as Executive Director, Acting Chairman Feldman said, “[t]he future for agencies like CPSC will require us to leverage technology to make our work more effective and more efficient. We are lucky to have Brien join CPSC to help lead our efforts at such an important moment.”

Continue Reading CPSC Announces New Staff Appointments

Crowell & Moring is thrilled to announce its recognition in TFL’s inaugural list of The Top U.S. Law Firms for Retail Companies, specifically those specializing in fashion law, luxury goods, and consumer products.

TFL noted that Crowell’s Retail & Consumer Products team distinguishes itself through “a significant presence in the retail and consumer products industry. The firm offers a comprehensive range of services to its retail clients, including advertising and brand protection, intellectual property, litigation and trial support, mass tort, product and consumer litigation, and privacy and cybersecurity.” The publication highlighted our “substantial team size, variety of services, and active participation in the fashion law industry, including publishing articles on recent fashion law events, establish it as one of the top fashion law firms.​” This accolade underscores Crowell’s commitment to assisting fashion brands in navigating legal issues and safeguarding their creative and business assets, solidifying its standing as a premier fashion law firm.

Social networking service concept. communication network.

Register now to join Sadina Montani and Stephon Howie on Wednesday, March 26th at 2pm EDT as they discuss “Navigating the Complexities of Employment Law Impacting Geographically-Dispersed Workforces.”

Continue Reading Join Us for a Webinar on Employment Law and Geographically Dispersed Workforces
FTC Building Door

Key takeaway #1 – The FTC’s request for public comment is a notable sign that the federal government is investigating online content moderation practices.

Key takeaway #2 – Companies should prepare for the possibility of a new legal landscape where content moderation practices face new legal challenges.

On February 20, 2025, the Federal Trade Commission launched an “inquiry” into “tech censorship” by calling for public comments from those who “may have been harmed by technology platforms that limited their ability to share ideas or affiliations freely and openly.” The deadline for comments is May 21, 2025.

While promulgated under the banner of protecting citizens’ rights to speech, this “inquiry” marks the Trump Administration’s first official action to address how businesses edit, moderate, and deliver user generated content online. The repercussions are widesweeping as any business with an online presence—whether selling products, allowing users to post content or commentary—may be at risk of further investigation. This also may be the precursor to changes in law that governs internet activity in the United States.

Continue Reading The FTC’s Request for Public Comment on Online Content Moderation – Are You Ready for a Sea Change?
Federal Trade Commission
The building of the Federal Trade Commission in downtown Washington DC.

As Winter continues, consumers harmed by allegedly deceptive behavior see refunds and Chairman Andrew N. Ferguson takes the reins at the FTC. All this, and more, after the jump.

Continue Reading FTC Updates (January 13 – January 31, 2025)
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Register here to join us for one or both of these timely sessions.

February 4th – Trump Administration and Trade: Tariffs and Customs

February 11th – Trump Administration and Trade: Sanctions, Export Controls, Investment Restrictions, and Global Mobility

February 4, 2025, 12:00 p.m. – 12:45 p.m. ET
Trump Administration and Trade: Tariffs and Customs
Join Crowell’s International Trade and Government Affairs attorneys as they explore the anticipated Trump Administration’s tariffs and their implications along with new customs and trade remedy issues facing importers. Trump’s first administration saw significant new duties, including Section 201, 232, and 301 tariffs, which resulted in importers scrambling to reconfigure supply chains to minimize duties and secure alternative sources for imported goods. This session will provide essential insights and actionable strategies for companies to prepare for the immediate impact of the duties and identify longer term approaches for stable supply lines. In this webinar, our attorneys will discuss the following topics:

Continue Reading Register Now! Trump Administration and Trade: Two-Part Webinar Set
Federal Trade Commission
The building of the Federal Trade Commission in downtown Washington DC.

The FTC has been active in the weeks leading up to a change in administration. The Commission has ordered that companies and the individuals who run them pay refunds paid to consumers they have allegedly misled, doubled down on enforcement against companies attempting to enforce no-hire agreements, and approved revisions to thresholds under Section 7 and 8 of the Clayton Act. These stories and more, after the jump.

Continue Reading FTC Updates (December 30 – January 10, 2025)
Federal Trade Commission
The building of the Federal Trade Commission in downtown Washington DC.

The FTC closed out the year with significant developments in rulemaking, consumer protection enforcement actions, and priority setting for the new year.  From issuing the much-anticipated final Junk Fees Rule, to announcing its potential largest monetary judgment against an auto dealer, to further developing its Operation AI Comply initiative, the Commission ended 2024 on a busy note.  These stories, and more, after the jump.

Continue Reading FTC Updates (December 16 – December 27, 2024)