Wendy Garbers

Wendy Garbers

Morrison & Foerster LLP

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Supreme Court Takes Up Landmark Disparate Impact Case, Again, Over U.S. Objections

On June 17, 2013, the Supreme Court granted certiorari in Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc., No. 11-1507, to decide whether disparate impact claims are cognizable under the Fair Housing Act (“FHA”). It...more

6/20/2013 - Certiorari Discrimination Disparate Impact Eminent Domain FHA HUD Mount Holly v Mt. Holly Citizens in Action Redevelopment SCOTUS

CFPB Fair Lending Guidance for Indirect Auto Lenders—It’s Not Just About Cars

Several weeks ago, the Consumer Financial Protection Bureau (“CFPB”) issued a fair lending guidance bulletin (“Bulletin”) directed at financial institutions that make indirect automobile loans. While the Bulletin thus far has...more

6/5/2013 - Automotive Industry CFPB Compliance Dodd-Frank DOJ ECOA Enforcement Fair Lending HMDA Nissan Regulation B Rulemaking Process

HUD Issues Aggressive New Fair Housing Rule

The U.S. Department of Housing and Urban Development (“HUD”) has finally issued its much-debated disparate impact rule. HUD argues that the rule — which it plans to apply retroactively — is simply a codification of its...more

2/13/2013 - Burden of Proof Burden-Shifting Business Justification Discriminatory Effects Rule Disparate Impact FHA HUD

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