A federal price gouging law, which Vice President Kamala Harris touts in her policy statements, could plug holes in the current legal framework. But getting and keeping a new federal statute is likely an uphill fight.

In 2023, activists followed a bustling Q1-Q3 with a record-breaking 247 campaigns launched in Q4. But at the close of Q3, it seems unlikely activists can recover that momentum this year.

Congress could fix the hole in the FTC’s enforcement powers created by the Supreme Court’s AMG Capital Mgmt v. FTC holding. But problems for the agency are likely to keep coming, because the agency’s enforcement power and existence face serial constitutional challenges.

One year after the Supreme Court settled a circuit split on whether defendants are entitled to a respite when dealing with the arbitrability of claims, an analysis of Bloomberg law dockets suggests that the Coinbase ruling may be having the unintended effect of discouraging litigation in the first place.

After the US Supreme Court enshrined the major questions doctrine in West Virginia v. EPA in 2022, it has become a mainstay of parties’ arguments against all types of agency actions. But two years after West Virginia, the argument’s still not a consistent winner with judges in most circuits.

The FTC is suing three pharmacy benefit managers for allegedly driving up the cost of insulin, but there is very little other federal action targeting PBMs, which is why 22 states in 2024 have done just that.