Many employers are already aware of how scary it can seem to be on the receiving end of a federal agency's investigation or action—be it the National Labor Relations Board, the Department of Labor, the Occupational Safety and Health Administration, the Equal Employment Opportunity Commission or some other regulatory body. But the Supreme Court is now faced with the question of whether it should give employers and citizens more tools to challenge the powers of the federal agencies when administrative proceedings are pending. Depending on how the Supreme Court rules, employers may get the chance to fight federal agencies from the outset instead of waiting for the administrative process to play out to get their day in court. Read on to get an employers' summary of Axon Enterprise v. Federal Trade Commission and Securities and Exchange Commission v. Cochran—for a prediction on how the case may be decided.

What Are These Cases About?

Challenging a federal agency is daunting. Not only do the agencies have a virtually unlimited budget, they create, interpret and enforce their own rules. Businesses locked in a battle with a federal agency often face the choice of either agreeing to the agency's terms or engaging in an expensive, years-long legal battle.

Often, the latter is so cost-prohibitive it has been referred to as a "bet-the-farm" scenario, with companies first having to pay attorneys to jump through legal hurdles before being able to challenge the federal agencies in...

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