FTC Seeks Public Comment on Agency’s Rules of Practice

The Federal Trade Commission today issued proposed changes to two parts of the procedures that govern the way the agency operates. The proposed changes would streamline the FTC’s investigatory procedures, make updates to keep pace with electronic discovery, and detail the agency’s procedures for evaluating allegations of misconduct by attorneys practicing before the Commission.

The proposed changes, which will be published in the Federal Register and are subject to public comment until March 23, 2012, concern the procedures in Parts 2 and 4 of the agency’s Rules of Practice. They are part of the FTC’s effort to periodically review and update its rules to ensure that they are efficient and not unduly burdensome on outside parties.

Investigations. The proposed changes to Part 2 are designed to expedite Commission investigations and make sure the FTC’s investigatory processes continue to keep pace with electronic discovery. For example, the proposed changes require parties to meet and confer with Commission staff on an accelerated basis in order to resolve electronic discovery issues relating to subpoenas and civil investigative demands (CIDs), as well as any other issues.

Proposals also include changes to: