Terrell McSweeny Confirmed as Fifth FTC Commissioner
Client Alert | 1 min read | 04.10.14
In 95-1 vote yesterday, the U.S. Senate confirmed President Obama's nomination of Terrell McSweeny as the fifth commissioner at the Federal Trade Commission (FTC). McSweeny's confirmation—almost ten months after she was first nominated—fills the vacancy that was created when former Chairman Jon Leibowitz stepped down in February of 2013.
McSweeny's confirmation is significant in that it restores the Democrat's 3-2 majority on the Commission. McSweeny joins Chairwoman Edith Ramirez and Julie Brill in the majority; Maureen Ohlhausen and Joshua Wright are the two Republican Commissioners. Prior to McSweeny's confirmation, in the case of 2-2 tie, the FTC would decline to intervene.
Prior to her nomination, McSweeny worked with Vice President Biden between 2005 and 2012 in various roles, including as his deputy chief of staff, as counsel on the Senate Judiciary Committee, and as his domestic policy advisor. More recently, McSweeny served as senior counsel of competition policy in the Antitrust Division at the Department of Justice.
McSweeny brings expertise in a variety of industries, including health insurance, health care, consumer products and a wide range of policy issues. During her September 2013 confirmation hearings, McSweeny vowed to protect the middle class through competition and consumer protection enforcement, including privacy regulations. Among other things, McSweeny discussed the need to protect children's privacy, the rapidly evolving mobile technology landscape, and the necessity for public education with respect to online data collection.
McSweeny is a graduate of Harvard University and Georgetown University Law School.
Insights
Client Alert | 4 min read | 02.20.26
SCOTUS Holds IEEPA Tariffs Unlawful
On February 20, 2026, the Supreme Court issued a pivotal ruling in Trump v. V.O.S. Selections, negating the President’s ability to impose tariffs under IEEPA. The case stemmed from President Trump’s invocation of IEEPA to levy tariffs on imports from Canada, Mexico, China, and other countries, citing national emergencies. Challengers argued—and the Court agreed—that IEEPA does not delegate tariff authority to the President. The power to tariff is vested in Congress by the Constitution and cannot be delegated to the President absent express authority from Congress.
Client Alert | 7 min read | 02.20.26
Section 5949 Proposed Rule Puts the FAR Council's Chips on the Table
Client Alert | 5 min read | 02.20.26
Trump Administration Pursues MFN Pricing for Prescription Drugs
Client Alert | 4 min read | 02.19.26
Proposed NY Legislation May Mean Potential Criminal Charges for Unlicensed Crypto Firms
