Search for: "Phillips v. Commissioner"
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3 Apr 2024, 9:01 pm
As is customary, my remarks this morning are in my official capacity as Director of the Securities and Exchange Commission’s Division of Enforcement, and do not necessarily reflect the views of the Commission, the Commissioners, or other members of the staff. [read post]
30 Jan 2024, 9:02 pm
I dissent from the Commission’s denial of a petition to amend Rule 202.5(e), our so-called gag rule.[1] This de facto rule follows from the Commission’s enforcement of its policy, adopted in 1972, that it will not “permit a defendant or respondent to consent to a judgment or order that imposes a sanction while denying the allegations in the complaint or order for proceedings. [read post]
20 Nov 2023, 2:36 am
The Commissioner argues that the FTT incorrectly interpreted the law, as Clearview itself was not processing data for the purpose of foreign law enforcement. [read post]
20 Oct 2023, 6:54 am
The Commission’s high victory percentage for administrative action appeals, which are decided by its own commissioners, only compounds the perception. [read post]
3 Oct 2023, 6:00 am
Capobianco v Ambach, 112 AD2d 640 [3d Dept 1985]). [read post]
3 Oct 2023, 6:00 am
Capobianco v Ambach, 112 AD2d 640 [3d Dept 1985]). [read post]
20 Jul 2023, 1:25 am
The deputy commissioner erroneously concluded that the claimant’s employment neither exacerbated nor contributed to the injurious altercation. [read post]
29 Jun 2023, 7:18 am
Failing to receive a prompt response, Geldon added “[v]ery telling that you don’t even respond to text messages now that you don’t need help getting confirmed. [read post]
30 Apr 2023, 12:37 am
As Lord Burrows pointed out at [5], in the Christian Brothers case – Catholic Child Welfare Society & Ors v Various Claimants & The Institute of the Brothers of the Christian Schools & Ors [2012] UKSC 5 – Lord Phillips had said at [19] that the law of vicarious liability was “on the move”. [read post]
24 Apr 2023, 8:31 am
Board of County Commissioners of Boulder County, was filed in 2018 against Suncor (which operates Shell and Phillips 66 in Colorado) and Exxon Mobil, alleging that the companies sold fossil fuels in Colorado, knowing it would result in climate change. [read post]
17 Mar 2023, 8:25 am
With Wilson’s departure, and that of Commissioner Noah Phillips in October 2022 (I wrote about that here, and I recommend Alden Abbott’s post on Noah Phillips’ contribution to the 1-800 Contacts case), we’ll have a strictly partisan commission—one lacking any Republican commissioners or, indeed, anyone who might properly be described as a moderate or mainstream antitrust lawyer or economist. [read post]
13 Mar 2023, 2:13 am
Costs were awarded to the Commissioner. [read post]
3 Feb 2023, 4:49 am
Phillips reports for the Wall Street Journal. [read post]
29 Jan 2023, 4:40 am
Masterpiece Cakeshop again In Scardina v Masterpiece Cakeshop Inc (CO Ct App. [read post]
27 Jan 2023, 9:49 am
In Data Protection Commissioner v. [read post]
16 Nov 2022, 7:56 am
The new policy was approved on a 3-1 party-line vote, with the sole Republican Commissioner Christine Wilson dissenting (Commissioner Noah Phillips, an opponent to Chairwoman Khan’s efforts to curtail noncompetes, resigned earlier this year). [read post]
8 Nov 2022, 1:46 pm
Commissioner Phillips’ Dissent Phillips meticulously made the case that 1-800 Contacts’ behavior raised no antitrust concerns. [read post]
4 Nov 2022, 6:00 am
Third, as Commissioners Noah Phillips and Christine S. [read post]
27 Oct 2022, 10:48 am
Former Commissioner Noah Joshua Phillips dissented, on the grounds that the complaint included a cause of action for “Unfair Discrimination” pursuant to Section 5 of the FTC Act. [read post]
7 Sep 2022, 7:18 am
In their dissenting statements opposing ANPRM’s release, Commissioners Noah Phillips and Christine Wilson expertly lay bare the notice’s serious deficiencies. [read post]
