Victory for Legal Profession

On December 6, 2005, the US Court of Appeals for the District of Columbia Circuit endorsed the American Bar Association's argument, holding that the Federal Trade Commission (FTC) "exceeded its authority" when it attempted to apply the privacy provisions of the Gramm-Leach-Bliley Act of 1999 to practicing lawyers.

According to the Court, if Congress intends to regulate a profession, such as the practice of law, that is already regulated by the states, it must do so explicitly; it cannot, said the Court, 'hide elephants in mouseholes.'

David Roll and Rhonda Bolton represented the ABA throughout the litigation in the district court and on appeal.

Read the ABA article, and corresponding opinion.