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Regulation of Business

Consumer Financial Protection Bureau Update - February 2015

Financial Services & E-Commerce Practice Group Teleforum February 11, 01:00 PMFederalist Society Teleforum Conference Call

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

  • Julius L. Loeser, Of Counsel, Winston & Strawn LLP
  • Prof. Todd J. Zywicki, Foundation Professor of Law, George Mason University School of Law

Misstep in Environmental Regulation? - Podcast

Environmental Law & Property Rights Practice Group Podcast
Theodore Hadzi-Antich January 16, 2015

The Environmental Protection Agency (EPA) is required by the 1978 Environmental Research, Development, and Demonstration Authorization Act to submit all proposed regulations to the federal Science Advisory Board (SAB) for peer review. However, in 2011 the EPA issued regulations establishing greenhouse gas emission and fuel efficiency standards both for cars and for medium- and heavy-duty vehicles (the Car Rule and the Truck Rule) without submitting either proposed rule to the SAB. On Friday, January 9, the D.C. Circuit Court of Appeals heard oral arguments in a consolidated case that will determine the legal remedy for these alleged violations of administrative procedure. Ted Hadzi-Antich of the Pacific Legal Foundation argued the case before the D.C. Circuit Court, and he discussed the case and the oral arguments on a live Teleforum conference call.

  • Theodore Hadzi-Antich, Senior Staff Attorney, Pacific Legal Foundation

Commissioner Ajit Pai on Net Neutrality - Podcast

Telecommunications & Electronic Media Practice Group Podcast
Ajit V. Pai, Bryan N. Tramont January 15, 2015

FCC Commissioner Ajit Pai spoke to Telecommunications & Electronic Media Practice Group Chairman Bryan Tramont about one of the hottest topics before the Commission today – Open Internet, otherwise known as Net Neutrality. The internet has become a vital platform for innovation and growth throughout the nation, and has flourished with little or no federal or state regulation. Yet the FCC is currently considering new “rules of the road” for the internet that could substantially alter the future of the web and have a profound impact on our economy. The main questions at hand are whether the FCC should regulate internet service providers’ network management practices, and if so, what those rules should be. Some have suggested that the FCC should classify broadband service as a telecommunications service and subject internet service providers to public utility regulation, otherwise known as Title II. Others believe the Commission should pursue other regulatory avenues, such as using the FCC’s existing authority under Section 706 of the Communications Act.

What is net neutrality exactly? Is there a legitimate need for a regulated internet, or is this is a solution in search of a problem? Does the Commission have legal authority to regulate the internet, or is Congressional authorization a prerequisite? What impact would regulation have on innovation and investment in broadband? Commissioner Pai explored these and other issues in this important teleforum.

  • Hon. Ajit V. Pai, Federal Communications Commission
  • Bryan N. Tramont, Managing Partner, Wilkinson, Barker, Knauer, LLP

Consumer Financial Protection Bureau Update - January 2015 - Podcast

Financial Services & E-Commerce Practice Group Podcast
Wayne A. Abernathy, Julius L. Loeser January 07, 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) and look forward to potential CFPB developments in 2015 on this Teleforum conference call. Recent developments included the CFPB’s approach to alleged unlawful discrimination in auto lending and a November study by the American Financial Services Association that suggests that the methodology the CFPB is using to identify minorities is wrong much of the time.

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