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Financial Services & E-Commerce

Consumer Financial Protection Bureau Update - March 2015 - Podcast

Financial Services & E-Commerce Practice Group Podcast
Wayne A. Abernathy, Todd J. Zywicki March 13, 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). Recent developments included the results of the CFPB's arbitration study, the suspension of credit card agreement submission to the CFPB, new criticism of the CFPB's mortgage rate tool, and new payday lending rules.

  • Hon. Wayne A. Abernathy, Executive VP for Financial Institutions Policy and Regulatory Affairs, American Bankers Association
  • Prof. Todd J. Zywicki, Foundation Professor of Law, George Mason University School of Law

Federal Trade Commissioner Maureen Ohlhausen on the FTC and Advertising Substantiation - Podcast

Corporations, Securities & Antitrust and Telecommunications & Electronic Media Practice Groups Podcast
Maureen K. Ohlhausen March 04, 2015

One of the Federal Trade Commission’s key duties is to protect consumers from deceptive advertising. The FTC does this, in part, by ensuring that advertisers can substantiate their claims. While executing this duty, the FTC generally seeks to prevent consumer harm while maximizing the amount of useful information available to consumers. Commissioner Maureen Ohlhausen believes that, in some cases over the past several years, the FTC has required a heightened level of substantiation, thereby reducing the useful information available to consumers. In a recent decision, POM Wonderful, the D.C. Circuit offered additional guidance on striking the proper balance, echoing themes that Commissioner Ohlhausen has raised in debates with her colleagues at the FTC. Commissioner Ohlhausen discussed this and other recent cases and how the FTC should address deceptive advertising in the future.

  • Hon. Maureen K. Ohlhausen, Federal Trade Commissioner

Wellness Int'l Network, Ltd. v. Sharif - Post-Argument SCOTUScast

SCOTUScast 3-4-15 featuring Thomas Plank
Thomas Plank March 04, 2015

On January 14, 2015, the Supreme Court heard oral argument in Wellness Int’l Network, Limited v. Sharif, which presents two questions. The first is whether a bankruptcy court has power under Article I of the Constitution to determine, where an issue of state property law is involved, that property in the debtor’s possession belongs to the bankruptcy estate.  The second question is whether, notwithstanding the limits of Article I authority, the consent of litigants can permit a bankruptcy court to exercise Article III judicial power--and if so, whether a litigant's continued participation in litigation can constitute implied consent.

To discuss the case, we have Thomas Plank, who is the Joel A. Katz Distinguished Professor of Law at the University of Tennessee College of Law.

Single Point of Entry – A Response to Paul Kupiec and Peter Wallison - Podcast

Financial Services & E-Commerce Practice Group Podcast
Randall Guynn, David Skeel, James Wigand February 18, 2015

In December 2013, the Federal Deposit Insurance Corporation (FDIC) released a proposal on the “Single Point of Entry” (SPOE) strategy as a means of resolving large failing banks without financial-market disruption. Paul Kupiec and Peter Wallison wrote a paper strongly critiquing the strategy, and presented it to Federalist Society members on a January 22 Teleforum conference call. A recording of their presentation is available here. Randall Guynn, Prof. David Skeel, and James Wigand offered their defense of SPOE and their response to Mr. Kupiec and Mr. Wallison on a Teleforum conference call.

  • Randall Guynn, Partner, Davis Polk & Wardwell LLP
  • Prof. David Skeel, S. Samuel Arsht Professor of Corporate Law, University of Pennsylvania Law School
  • James Wigand, Partner, Millstein & Co.

Consumer Financial Protection Bureau Update - February 2015 - Podcast

Financial Services & E-Commerce Practice Group Podcast
Wayne A. Abernathy, Todd J. Zywicki February 12, 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). Recent developments included a CFPB study on the Military Lending Act, activity at the FDIC related to Operation Chokepoint, the Independent Community Bankers Association survey of the effect of CFPB regulations on residential mortgage lending, and also a recent Harvard study about the effect of the Dodd-Frank Act on community banks.

  • Hon. Wayne A. Abernathy, Executive VP for Financial Institutions Policy and Regulatory Affairs, American Bankers Association
  • Prof. Todd J. Zywicki, Foundation Professor of Law, George Mason University School of Law