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Third Annual Executive Branch Review Conference

The Role of Congress in Policing the Administrative State Thursday, June 18, 09:00 AMThe Mayflower Hotel
1127 Connecticut Ave N.W.
Washington, DC 20036

The theme of the Third Annual Executive Branch Review Conference, what role does and should Congress play vis-a-vis the administrative state, will be developed in a series of addresses, debates and panel discussions. Experts will discuss incentives for Congressional action and inaction, reducing delegation from Congress to the agencies through more precise statutory language, the tools of Congressional oversight, and more. The conference will also include breakout sessions by selected practice groups to provide detailed discussion about executive branch activities in particular areas of the law.

The False Claims Act Meets the Wartime Suspension of Limitations Act: Kellogg Brown & Root Services, Inc., v. U.S.

Corporations, Securities & Antitrust Practice Group Teleforum Friday, May 29, 03:00 PMFederalist Society Teleforum Conference Call

In a complicated case that involves both the False Claim Act (FCA) and the Wartime Suspension of Limitations Act (WSLA), on May 26, 2015, the Supreme Court reached a unanimous decision – the WSLA applies only to criminal offenses, and the FCA’s first-to-file bar keeps new claims out of court only while related claims are still alive, not in perpetuity. But in a case that involved “a remarkable sequence of dismissals and filings,” what are the real-world implications of the decision?

  • Christopher A. Bowen, Associate, Arent Fox LLP
  • Marcia G. Madsen, Partner, Mayer Brown

How to Manage the Intelligence Community - Event Audio/Video

2015 National Security Symposium
Dean A. Reuter, Michael Allen, Eli Lake, Benjamin Powell, Matthew R.A. Heiman May 22, 2015

The Federalist Society's International & National Security Law Practice Group presented this panel during the 2015 National Security Symposium on April 29 in Washington, D.C.

Welcome and Introduction
8:55 a.m.

  • Dean A. Reuter, Vice President and Director of Practice Groups, The Federalist Society

Panel I: "How to Manage the Intelligence Community"
9:00 a.m. - 10:15 a.m.

Since September 11, 2001, the intelligence community has been at the center of key national security events including the wars in Iraq and Afghanistan, the hunt for Osama Bin Laden and other key terrorism figures, leaks by Edward Snowden, and disclosures about the CIA's rendition program. During that same period of time, the management of the intelligence community has been reformed, executive agencies have reorganized themselves to better interact with the intelligence community, and most recently, the CIA has announced a fundamental reorganization of its key functions. Our panel will consider how the government can best manage the intelligence community. We will discuss the role of Congressional oversight, the ability to demand accountability, whether the current structure of the intelligence community is optimal, and if effectiveness measures can be applied to intelligence work.

  • Michael Allen, Managing Director, Beacon Global Strategies LLC, former Majority Staff Director, House Permanent Select Committee on Intelligence, and former Special Assistant to the President and Senior Director for Counter-proliferation Strategy
  • Eli Lake, Columnist, Bloomberg View
  • Hon. Benjamin A. Powell, Partner, WilmerHale LLP, and former General Counsel to the Director of National Intelligence
  • Moderator: Matthew R.A. Heiman, Vice President, Chief Compliance & Audit Officer, Tyco

April 29, 2015
Washington, DC

Consumer Financial Protection Bureau Update - May 2015 - Podcast

Financial Services & E-Commerce Practice Group Podcast
Wayne A. Abernathy, Julius L. Loeser May 21, 2015

Members of the Federalist Society’s Financial Services & E-Commerce Practice Group Executive Committee provided an update on important activity at the Consumer Financial Protection Bureau (CFPB).  Developments included the CFPB's adoption of a final policy on publishing consumer complaint narratives, a moratorium on credit card issuers submitting their credit card agreements to the CFPB, the Office of Management and Budget's threat of recommending the veto of a bill that would reduce the CFPB's budget by 0.1% over then next ten years, and the D.C. Circuit Court of Appeals decision to uphold the dismissal on procedural grounds in Morgan Drexen, Inc. v. CFPB, a suit challenging the constitutionality of the 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

United States v. Wong and United States v. June - Post-Decision SCOTUScast

SCOTUScast 5-12-15 featuring Richard Peltz-Steele
Richard J. Peltz-Steele May 12, 2015

On April 22, 2015, the Supreme Court issued its decision in two related cases: United States v. Wong and United States v. June

In both cases the central issue is whether the time limit for filing a lawsuit or claim with a federal court or agency under the Federal Tort Claims Act can be suspended, or “tolled,” for reasons of equity.

In an opinion delivered by Justice Kagan, the Court held by a vote of 5-4 that limitations periods under the Federal Tort Claims Act are subject to equitable tolling. Justices Kennedy, Ginsburg, Breyer, and Sotomayor joined Justice Kagan’s opinion for the Court. Justice Alito filed a dissenting opinion, which Chief Justice Roberts and Justices Scalia and Thomas joined. The decision of the Ninth Circuit was affirmed and the case remanded.

To discuss the case, we have Prof. Richard Peltz-Steele, who is a Professor of Law at the University of Massachusetts at Dartmouth School of Law.