Recent SCOTUS Decisions' Impact on Banking and Financial Services Regulation
Navigating the Uncertain Future of Banking Regulation After Loper Bright, Corner Post, Cantero, and Jarkesy
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will guide banking and financial services practitioners through the recent U.S. Supreme Court decisions in Loper Bright v. Ramondo, Corner Post Inc. v. Board of Governors, Cantero v. Bank of America N.A., and SEC v. Jarkesy. The panel will analyze these decisions and the influence they may have on the future of banking regulation and address the potential client impact going forward.
Outline
- Overview: history of federal regulatory interpretation under Chevron
- Loper Bright Enterprises v. Raimondo
- Federal banking agencies' significant discretion
- Effect of decision on courts' deference to federal banking agencies' statutory interpretation
- Impact of decision on recent prior decision in CFPB v. Community Financial Services Association of America
- Corner Post Inc. v. Board of Governors of the Federal Reserve System
- Cantero v. Bank of America N.A.
- SEC v. Jarkesy
- Impact of these decisions on financial regulatory initiatives and authorities
- Regulatory litigation challenges
- Practical implications going forward
Benefits
The panel will address these and other key considerations:
- What impact will recent SCOTUS decisions have on judicial review of banking regulations?
- Will these decisions lead to more litigation challenging agency actions?
- How will the decisions affect future banking regulatory rulemaking?
- How will federal banking regulators proceed in enforcing agency regulations in light of these decisions?
- What is the potential impact of these decisions on banking clients?
Faculty
Max Bonici
Counsel
Venable
Mr. Bonici counsels U.S. and non-U.S. financial institutions and financial services providers on regulatory,... | Read More
Mr. Bonici counsels U.S. and non-U.S. financial institutions and financial services providers on regulatory, supervisory, and enforcement matters. He represents clients in prudential bank regulatory matters, applications and other filings, and powers/structure questions before U.S. bank regulators and in U.S. and cross-border internal investigations and due diligences. Mr. Bonici regularly works on matters involving the Bank Holding Company Act, the International Banking Act, the National Bank Act, and the Dodd-Frank Act, including the Volcker Rule, among others. He also counsels emerging fintech and other tech companies on bank regulatory matters. Mr. Bonici represents U.S. and non-U.S. financial institutions, their non-bank affiliates, vendors, and other financial services providers on U.S. financial laws and core bank regulatory issues, involving the Federal Reserve, the OCC, the FDIC, FinCEN, OFAC, the CFPB, and state banking regulators.
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Leah C. Dempsey
Shareholder, Co-Chair Financial Services Practice
Brownstein Hyatt Farber Schreck
Ms. Dempsey advises several trade associations and helps a range of businesses in the financial services, housing,... | Read More
Ms. Dempsey advises several trade associations and helps a range of businesses in the financial services, housing, capital markets and fintech marketplaces navigate rulemaking and legislative processes. She advocates before the Consumer Financial Protection Bureau, National Credit Union Administration, Federal Communications Commission, Federal Trade Commission, Small Business Administration Office of Advocacy, Department of Labor, the U.S. Treasury, the U.S. Securities and Exchange Commission, the Federal Housing Finance Agency, the Department of Housing and Urban Development, as well as other regulators. Ms. Dempsey also helps organizations understand their rights and options when facing regulatory supervision and enforcement activity. She has a deep understanding of the Administrative Procedure Act, the Small Business Regulatory Enforcement Fairness Act process and the Congressional oversight tools needed to ensure a fair and transparent process for businesses and industries. Ms. Dempsey has advocated for reforms to dozens of federal rulemakings and related legislation in Congress on her client's behalf.
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Liz Clark Rinehart
Partner
Venable
Ms. Rinehart represents clients in complex class action, commercial litigation, and regulatory investigation matters... | Read More
Ms. Rinehart represents clients in complex class action, commercial litigation, and regulatory investigation matters involving violations of consumer protection statutes, antitrust, false advertising, misappropriation of trade secrets, unfair competition, and constitutional challenges to legislation and agency rulemaking. She advises clients in litigation involving the Sherman Act, the Telephone Consumer Protection Act, the Lanham Act, and other FTC, CFPB, and state attorney general enforcement matters, as well as matters involving the FCC. Ms. Rinehart’s litigation experience spans the entire litigation life cycle, from pre-litigation strategy to appellate practice, but she is also passionate about helping clients avoid litigation through robust compliance reviews, business-savvy counseling, and strategic advocacy.
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