John Lopatka on Hiring Ex-FTC Staff

Corporate Counsel – ICLE Academic Affiliate John Lopatka was quoted by Corporate Counsel in a story about Amazon hiring former Federal Trade Commission staff to assist in ongoing litigation with the agency. You can read full piece here.

By hiring FTC staffers, Amazon “will get useful information about processes and personalities at the FTC,” said John Lopatka, a Penn State law professor. “It’s not crossing any ethical boundary to say, ‘This case is spearheaded by Jane Doe,’ for example, ‘and I think she would listen to these kinds of arguments.’”

…For Amazon, zeroing in on FTC talent makes sense, said Lopatka, the Penn State professor.

“If you’re getting sued, [and] if you’re Amazon, you’ll want every advantage you can get,” Lopatka said. “If it helps even a little bit, it’s worth it.”

Lopatka, who was a consultant for the FTC’s Office of General Counsel 2001 to 2004, said some of the FTC departures stem from displeasure with Khan’s leadership.