Financial Services & E-Commerce

Explaining the Next Crisis - Event Audio/Video

2015 National Lawyers Convention
Phil Gramm, Frank Medina, Karen Shaw Petrou, J.W. Verret, Edith H. Jones November 18, 2015

Many observers of the U.S. financial system increasingly believe that the United States will soon experience another financial crisis – the only questions are when and how bad will it be? With that expectation in mind, the panel could address the following issues: What are the likely early indicators that another crisis is in the offing? What economic conditions are the likely causes of that crisis (rising housing prices, the reemgence of shadow banking, other consequences of Dodd-Frank, crises emanating from other countries, etc.)? What might ignite that crisis? Who will likely be blamed for causing the next crisis and who or what should be blamed? What might be the political/legislative response(s) to the next crisis? What, if anything, can be done to mitigate the consequences of the next financial crisis and possibly even steer the U.S. economy away from future financial crises?

Financial Services: Explaining the Next Crisis
12:00 noon – 2:15 p.m.
Chinese Room

  • Hon. Phil Gramm, Senior Advisor, US Policy Metrics and Former United States Senator
  • Mr. Frank Medina, Senior Counsel & Director of Research, Better Markets
  • Ms. Karen Shaw Petrou, Managing Partner, Federal Financial Analytics, Inc.
  • Prof. J.W. Verret, Assistant Professor of Law, George Mason University School of Law
  • Moderator: Hon. Edith H. Jones, U.S. Court of Appeals, Fifth Circuit

The Mayflower Hotel
Washington, DC

Constitutionality of Administrative Law Judges at the Securities and Exchange Commission and Elsewhere - Event Audio/Video

2015 National Lawyers Convention
John S. Baker, Jr., Stephen Crimmins, Todd Pettys, Tuan Samahon, F. Scott Kieff November 17, 2015

The Securities and Exchange Commission (SEC) has recently increased its use of administrative proceedings, before Administrative Law Judges (ALJs), to seek civil penalties, as an alternative to proceeding in an Article III court. Other federal regulatory and enforcement agencies use ALJs for various purposes at various rates. Although no single set of rules governs all ALJs, they typically differ from Article III courts in important ways, bringing their use under recent criticism. As two examples, ALJs do not enjoy life tenure and they are sometimes employed by and answerable to the agency itself. Our panel will discuss the pros and cons of the use of ALJs at the SEC and other agencies.

Corporations: Constitutionality of Administrative Law Judges at the Securities and Exchange Commission and Elsewhere
2:00 p.m. – 3:30 p.m.
East Room

  • Prof. John S. Baker, Jr., Visiting Professor, Georgetown University Law Center
  • Mr. Stephen J. Crimmins, Shareholder, Murphy & McGonigle PC
  • Prof. Todd E. Pettys, H. Blair and Joan V. White Chair in Civil Litigation, University of Iowa College of Law
  • Prof. Tuan Samahon, Villanova University School of Law
  • Moderator: Hon. F. Scott Kieff, Commissioner, International Trade Commission

The Mayflower Hotel
Washington, DC

Supreme Court Declines to Hear Blockbuster Insider Trading Case: What’s Next After United States v. Newman? - Podcast

Corporations, Securities & Antitrust Practice Group Podcast
James M. Burnham, Peter M. Thomson October 20, 2015

On October 2, 2015, the United States Supreme Court denied certiorari in United States v. Newman, a high-profile case dealing with the prosecution of two hedge fund managers for alleged insider trading. The Second Circuit Court of Appeals overturned their convictions, and the Department of Justice urged the Supreme Court to take the case and claimed the Second Circuit’s approach to insider trading would greatly reduce the government’s ability to prosecute insider trading. What is the current state of insider trading law? Will the Supreme Court eventually be forced to intervene and provide clarity?


  • James M. Burnham, Associate, Jones Day
  • Peter M. Thomson, Special Counsel, Stone Pigman Walther Wittmann LLC

The 2008 Financial Crisis - Event Audio/Video

2015 Texas Chapters Conference
Keith Hennessey, Marc Kesselman, William Peterson October 02, 2015

On September 19, 2015, The Federalist Society hosted the 2015 Texas Chapters Conference at the George W. Bush Presidential Center in Dallas, Texas. In this session, Keith Hennessey, former Assistant to President George W. Bush for Economic Policy and Director of the U.S. National Economic Council, was interviewed about The 2008 Financial Crisis.

Interview: The 2008 Financial Crisis

  • Keith Hennessey, former Assistant to President George W. Bush for Economic Policy and Director of the U.S. National Economic Council
  • Interviewer:  Marc Kesselman, former General Counsel of the Department of Agriculture and former Deputy General Counsel of Office of Management and Budget
  • Introduction: William Peterson, Beck Redden LLP and President, Houston Lawyers Chapter

September 19, 2015
Dallas, TX

Consumer Financial Protection Bureau Update - September 2015 - Podcast

Financial Services & E-Commerce Practice Group Podcast
Wayne A. Abernathy, Julius L. Loeser September 29, 2015

Members of the Federalist Society’s Financial Services & E-Commerce Practice Group Executive Committee provided an update on recent important activity at the Consumer Financial Protection Bureau (CFPB).

  • Hon. Wayne A. Abernathy, Executive VP for Financial Institutions Policy and Regulatory Affairs, American Bankers Association
  • Julius L. Loeser, Of Counsel, Winston & Strawn LLP