Government Agencies

The Limits of Federal Criminal Law - Event Audio/Video

Criminal Law & Procedure Practice Group
Cristina C. Arguedas, Leslie R. Caldwell, Benjamin L. Hatch, John C. Richter, Joseph F. Savage, Stuart S. Taylor December 09, 2016

In the last year, the Department of Justice lost three major cases against Fed Ex, Vascular Solutions and Warner Chilcott. Critics argue that each case was an example of over-enforcement by DOJ and overcriminalization by Congress. Proponents assert that it is a critical role of government to police and dissuade bad acts by private citizens and corporations. Are there too many federal agencies, giving prosecutors too much power over individuals and corporations? Is it good policy to prosecute individual employees of a corporation, as suggested in the Yates memorandum? Panelists, including lawyers in each of these three cases, will discuss the limits of federal criminal law and prosecutions.

This panel was held on December 8, 2016, at the National Press Club in Washington, DC.


  • Cristina C. Arguedas, Partner, Arguedas, Cassman & Headley LLP 
  • Leslie R. Caldwell, Assistant Attorney General for the Criminal Division, The United States Department of Justice
  • Ben Hatch, Partner, McGuireWoods
  • John Richter, Partner, King & Spalding 
  • Joseph Savage, Partner, Goodwin Proctor 
  • Moderator: Stuart S. Taylor, Contributing Editor, National Journal

National Press Club
Washington, DC

Is the CFPB Unconstitutional?

Short video featuring Gregory Jacob
Gregory F. Jacob December 08, 2016

Is the consolidation of financial regulation oversight into one unelected official constitutional? Gregory Jacob, Partner at O’Melveny & Myers, LLP, gives a history of the establishment of the Consumer Financial Protection Bureau (CFPB) as a response to the financial crisis of 2008 and discusses a recent decision by the D.C. Circuit regarding the agency's structure.

Has the Consumer Financial Protection Bureau (CFPB) Helped Consumers? - Event Audio/Video

2016 National Lawyers Convention
John A. Allison, Leonard N. Chanin, Deepak Gupta, Todd J. Zywicki, Edith H. Jones, Wayne A. Abernathy November 23, 2016

The Consumer Financial Protection Bureau (CFPB), in its more than five year existence, has ordered consumer financial service providers to return more than a billion dollars in monetary relief to consumers it believes were victims of practices that it deems unfair, deceptive, abusive, or otherwise violative of its view of regulations and laws. The CFPB has ordered monetary relief for discriminatory lending and proposed regulations that would shutter many low-income lending locations and encourage class actions lawsuits. Proponents of the Bureau point to fines collected and bad practices addressed. Critics assert that Bureau activities actually harm consumers rather than help them. This panel will assess whether the CFPB has been of net benefit or net harm to the people it was created to protect.

This panel was held on November 18, 2016, during the 2016 National Lawyers Convention in Washington, DC.

Financial Services & E-Commerce: Has the Consumer Financial Protection Bureau (CFPB) Helped Consumers?
12:30 p.m. – 2:45 p.m.
State Room

  • Mr. John A. Allison, Chairman, Executive Advisory Council, Center for Monetary and Financial Alternatives, Cato Institute
  • Mr. Leonard N. Chanin, Of Counsel, Morrison & Foerster LLP
  • Mr. Deepak Gupta, Founding Principal, Gupta Wessler PLLC
  • Prof. Todd J. Zywicki, Foundation Professor of Law and Executive Director, Law & Economics Center, Antonin Scalia School of Law, George Mason University
  • Moderator: Hon. Edith Jones, U.S. Court of Appeals, Fifth Circuit
  • Introduction: Hon. Wayne A. Abernathy, Executive VP for Financial Institutions Policy and Regulatory Affairs, American Bankers Association

The Mayflower Hotel
Washington, DC