Paul Weiss Antitrust Leader Is Trump's Pick for FTC Chair
Joseph Simons served earlier as a top FTC lawyer in George W. Bush administration.
October 19, 2017 at 03:03 PM
3 minute read
Joseph Simons, co-chairman of the antitrust group at Paul, Weiss, Rifkind, Wharton & Garrison, is the Trump administration's nominee to lead the Federal Trade Commission, the White House said Thursday.
Simons is a veteran antitrust lawyer in Washington who has reviewed competition disputes from private practice and earlier as a top FTC lawyer in the George W. Bush administration. Simons is credited with having helped developed “critical loss analysis“—where a company's price increase, which results in a loss of sales, becomes unprofitable.
Trump also nominated Rohit Chopra of the Consumer Federation of America for a Democrat-held seat. Noah Phillips, chief counsel to U.S. Sen. John Cornyn, R-Texas, on the Senate Judiciary Committee, was reportedly also in line for a commission seat.
Phillips, who's worked on patent legislation, previously was an associate at Cravath, Swaine & Moore and later at Steptoe & Johnson LLP.
In January, President Donald Trump designated Maureen Ohlhausen, an Obama-era appointee, the acting chair of the FTC. Bloomberg spotlighted Simons in August as a leading candidate for FTC chairman. Simons did not immediately return a message Thursday seeking comment.
Simons can be expected to be questioned about data security at his confirmation hearing. The FTC's Equifax Inc. data breach investigation—focusing on one of the largest hacks in U.S. history—is part of what the agency recently called an “unprecedented” set of cases and investigations for the coming year.
Meanwhile, the FTC is awaiting a ruling in the U.S. Court of Appeals for the Eleventh Circuit about a data security action against the defunct medical testing company LabMD. Ropes & Gray, representing the Georgia-based medical company, argued the FTC acted outside its authority in bringing the case. LabMD is suing two FTC lawyers for their roles in the enforcement action. The FTC this summer adopted a new indemnity policy to shield agency staff from personal liability in litigation.
Trump's nominees to the FTC are sure to also face questions about calls to challenge market practices by big technology companies.
The acting director of the FTC's competition bureau, Bruce Hoffman, addressed growing concerns this week at the Association of Corporation Counsel's annual meeting in Washington, according to a Bloomberg Law report.
Federal regulators, he said, need a “coherent case that we could claim to a neutral and uninterested judge.” He added: “I'm very skeptical and leery of calls to change that and make it easier for us to win or to lower the standards that we impose on ourselves.”
Ohlhausen, speaking in September at Georgetown University Law Center's global antitrust symposium, urged caution before any rush to impose greater restrictions in the technology market.
“I am neither a champion of today's leading internet firms nor their foe. I have supported enforcement against a number of our biggest technology companies when I believed they violated the laws that the FTC enforces and I have opposed enforcement when our investigations have not provided sufficient support for legal action,” Ohlhausen said. “Likewise, I have vigorously supported policy positions that they sometimes like and sometimes hate.”
Obama's last FTC chair, Edith Ramirez, joined Hogan Lovells in September as co-leader of the firm's competition and economic regulation group. Jon Leibowitz, an earlier Obama-era FTC chairman, joined Davis Polk & Wardwell in 2013.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Any NFT Is a Security': What an SEC Wells Notice Sent to OpenSea Could Mean for Attorneys
4 minute readTrending Stories
- 1Attorneys ‘On the Move’: Morrison Cohen Adds White Collar Partner; Corporate/Securities Partner Joins Olshan
- 2Jury Says $118M: Netlist Wins Another Patent Verdict Against Samsung
- 3Big Law Communications, Media Attorneys Brace For Changes Under Trump
- 4Will England Accept that Digital Assets Are ‘Property’?
- 5Congress and Courts Are Considering Litigation Financing: Is Disclosure Imminent?
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250