North Carolina Board of Dental Examiners v. Federal Trade Commission
Proceedings and Orders
FTC Staff Guidance on Active Supervision of State Regulatory Boards Controlled by Market Participants
Complaints Filed Based on Supreme Court of the United States Opinion
Letter to State Attorneys General from Univ. of San Diego Center for Public Interest Law, Citizens Advocacy Center, and Consumer’s Union
State Approaches to Nonlawyer UPL Enforcement
State Resources
- California - Opinion No. 15-402
- North Carolina - General Assembly of North Carolina Session 2015, House Bill 436 (Unauthorized Practice of Law Changes, Adopted Sept. 23, 2015)
- General Assembly of North Carolina HB 436 Ratified (Ratified June 20, 2016)
- FTC/DOJ Letter to North Carolina regarding the definition of the practice of law in HB 436
FSMB Statement for Senate Judiciary Committee Hearing
Other Professional Regulatory Board Challenges
Teladoc, Inc. v. Texas Medical Board Complaint – Filed 4/29/2015
District Court TRO Granted 5/29/2015
District Court Denies Motion to Dismiss
Texas Medical Board Appeal
Amicus - American Medical Association and Texas Medical Association Amicus
Amicus - Federation of State Medical Boards
Amicus - Antitrust Scholars Amicus Brief
Articles
- Tabo, Tamara, What Lawyers Must Learn from the Dentists about the Unauthorized Practice of Law, Above the Law (March 2, 2015)
- Friedman, Ken, Could Dental-Board Decision Unlock Lawyer Control Of State Bar Regulations?, Forbes Online (March 4, 2015)
- Hiltzik, Michael, Supreme Court Rules Puts State Regulatory Boards in Crosshairs, LA Times (March 27, 2015)
- Coyle, Marcia, State AGs Urged to Enforce Licensing Board Decision, The National Law Journal (May 6, 2015)
- Coyle, Marcia, High Court Shakes Up State Bars: A Ruling Could Subject them to Antitrust Claims, The National Law Journal (May 11, 2015)
- Forward, Joe, Lessons from Dentists? Decision May Impact Self-regulated Professions, State Bar of Wisconsin Newsletter, Vol. 7, No. 11 (June 2015)
- Burgoyne, Robert A. and Mark Emery, State Action Antitrust Immunity in the Wake of North Carolina State Board of Dental Examiners v. Federal Trade Commission: What Does it Mean for State Bars and Bar Examiners?, The Bar Examiner, Vol. 84, No. 2 (June 2015)
- Langer, Robert M. and Melissa Fernandez, North Carolina State Board of Dental Examiners v. FTC — What Hath the Supreme Court Wrought? Bloomberg BNA Antitrust and Trade Regulation Report (June 8, 2015)
- Anderson, Kelso L., Beware of Boards: Professional Boards Barred from Anti-Competitive Conduct, Litigation News, Volume 40, No. 4 (Summer 2015)
- Fisher, Daniel, LegalZoom Settles Fight With North Carolina Bar Over Online Law, Forbes Online (October 22, 2015)
- Achimalbe, Shannon, Back in the Race: The FTC and DOJ Endorse DIY Websites, Above the Law (June 15, 2016)
- Rivera, Julian and David Solberg, Heightened Antitrust Scrutiny of State Regulatory Boards in Wake of N.C. State Bd. Of Dental Exam’rs v. FTC , ABA Health eSource, Vol. 12 No. 10
- Merritt, Mark W., Lessons Learned from the NC Dental Board Decision by a State Bar Officer and Antitrust Lawyer, ABA - The Professional Lawyer, Vol. 24 No. 1