Trump Administration continues aggressive use of Executive Orders to assert Article II powers.
Latest EO will require one of the most extensive regulatory reviews ever....more
Despite the tone and tint of recent headlines, President Trump's February 18, 2025, "Ensuring Accountability for All Agencies" Executive Order (the "Accountability EO") appears to be the latest in a long line of efforts to...more
2/24/2025
/ Administrative Procedure Act ,
Constitutional Challenges ,
Executive Orders ,
FDIC ,
Federal Reserve ,
Financial Regulatory Reform ,
OIRA ,
OMB ,
Popular ,
SCOTUS ,
Statutory Interpretation
We have previously analyzed the recent history of Executive Orders ("EOs") controlling the issuance and content of regulations. As we saw on Inauguration Day 2025, and continue to see, the second Trump Administration is...more
During the Biden-Harris Administration, the relationship between financial institutions and their regulators chilled considerably. The financial services industry works daily with its regulators—especially through the...more
11/20/2024
/ Banks ,
Buy Now Pay Later (BNPL) ,
Chevron Deference ,
Community Reinvestment Act ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Digital Assets ,
Dodd-Frank ,
FDIC ,
Financial Institutions ,
Financial Services Industry ,
Loper Bright Enterprises v Raimondo ,
Popular ,
Proposed Regulation ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Statutory Authority ,
Truth in Lending Act (TILA) ,
UDAAP
The Announcement and Its Sources -
Last week, the vice chairman of the Federal Reserve Board, Michael S. Barr, gave prepared remarks at the Brookings Institution announcing a significant recalibration of the Fed's Basel...more
9/23/2024
/ Administrative Procedure Act ,
American Bankers Association ,
Capital Markets ,
Federal Reserve ,
Lending ,
Loper Bright Enterprises v Raimondo ,
Mortgages ,
Notice of Proposed Rulemaking (NOPR) ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Share Buybacks
A Historic Term for Administrative Law -
This month we wrote extensively on both the Loper Bright/Relentless decisions, which overturned the Chevron doctrine, and the Jarkesy decision, which dealt a significant blow to the...more
SCOTUS limits agency use of ALJs in civil penalty proceedings -
On June 27, 2024, in a 6-3 decision, the Supreme Court held in SEC v. Jarkesy that the Securities and Exchange Commission ("SEC" or the "Commission") could...more
7/9/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Enforcement Actions ,
Financial Institutions ,
Jury Trial ,
Public Rights Doctrine ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
Securities Regulation ,
Seventh Amendment