September 28, 2021

Volume XI, Number 271

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September 28, 2021

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September 27, 2021

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BREAKING NEWS: President Biden Taps Lina Khan for Federal Trade Commission

CPW has previously reported on the anticipated impact of a Biden presidency on data privacy and data privacy litigation.  In an update to that prior analysis, President Biden has reportedly selected Lina Khan, a prominent antitrust scholar and professor at Columbia Law School, for a vacancy at the Federal Trade Commission (“FTC”).  Khan’s nomination is the latest signal from the Biden administration that it is focused on antitrust regulation and enforcement, especially in the tech space.

Khan initially rose to prominence after publishing “Amazon’s Antitrust Paradox” as a student at Yale Law School, a paper exploring how Amazon’s practices could be violating antitrust laws.  She also served as legal counsel for a 16-month investigation into Big Tech conducted by the House Antitrust Subcommittee, and helped author the Subcommittee’s 400-page report advocating for changes to antitrust law, following a finding that four tech giants engaged in anti-competitive behavior.  She previously served as a fellow in FTC Commissioner Rohit Chopra’s office, and advocated for increased regulation of Big Tech during her time there.

Khan’s appointment leaves little doubt that the Biden administration is prepared to take a more aggressive approach towards enforcement and regulation of Big Tech and modernization of antitrust law.  Her appointment comes as several prominent investigations and lawsuits are already pending against tech giants, including a lawsuit the FTC and state attorneys general brought last December and a complaint the Department of Justice recently filed.

Khan would be the third Democratic Commissioner on the FTC, and her nomination would require Senate confirmation.  She is being tapped to fill a vacancy created when President Biden elevated Commissioner Rebecca Kelly Slaughter to Acting Chair in January.  If Khan is confirmed, there remains one additional vacancy to be filled, as President Biden nominated Commissioner Chopra to head the Consumer Financial Protection Bureau.

SPB’s Brandon Roman also contributed to this analysis.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 68
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About this Author

Amy Doolittle, Squire Patton Boggs Law Firm, Washington DC, Litigation Law Attorney
Partner

Amy Doolittle co-leads the Squire Patton Boggs Class Action & Multidistrict Litigation Practice and serves as a member of the firm's Global Board.

She has extensive experience in product liability and mass tort matters, financial services litigation, consumer and commercial arbitrations, class actions and MDL proceedings. Amy has represented clients in high-stakes litigation proceedings across a wide array of industries, from pharmaceutical and chemical companies to financial services and insurance companies. Amy has argued in front of...

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Christina Lamoureux Litigation Attorney Squire Patton Boggs Washington DC
Associate

Christina Lamoureux is an associate in the Litigation Practice in the Washington DC office. She represents a wide variety of clients in complex commercial matters.

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Kristin L. Bryan Litigation Attorney Squire Patton Boggs Cleveland, OH & New York, NY
Senior Associate

Kristin Bryan is a litigator experienced in the efficient resolution of contract, commercial and complex business disputes, including multidistrict litigation and putative class actions, in courts nationwide.

She has successfully represented Fortune 15 clients in high-stakes cases involving a wide range of subject matters.

As a natural extension of her experience litigating data privacy disputes, Kristin is also experienced in providing business-oriented privacy advice to a wide range of clients, with a particular focus on companies handling customers’ personal data. In this...

216-479-8070
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