Federalism & Separation of Powers and Environmental Law & Property Rights Practice Groups Podcast Erik S. Jaffe October 21, 2015
In a case that could have serious implications about the limits of judicial review, the Supreme Court will be deciding a narrow statutory interpretation question. The initial question is whether FERC has authority to regulate the rules used by operators of wholesale-electricity markets to pay for reductions in electricity consumption and to recoup those payments through adjustments to wholesale rates. But wrapped within that question is how much deference the Supreme Court is willing to give FERC on this matter.
Financial Services & E-Commerce Practice Group Podcast
- Mr. Erik S. Jaffe, Sole Practitioner, Erik S. Jaffe, PC
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).
Corporations, Securities & Antitrust Practice Group Podcast
- Hon. Wayne A. Abernathy, Executive VP for Financial Institutions Policy and Regulatory Affairs, American Bankers Association
- Julius L. Loeser, Of Counsel, Winston & Strawn LLP
Former Federal Trade Commissioner Josh Wright reflected on his recently-concluded tenure at the Commission on a Teleforum program recorded in front of a live audience at Covington & Burling's Washington, D.C. office.
Criminal Law & Procedure Practice Group Podcast
- Hon. Joshua D. Wright, Professor of Law and Director, Global Antitrust Institute, George Mason University School of Law, and former Commissioner, Federal Trade Commission
- Interviewer: Deborah A. Garza, Partner, Covington & Burling LLP
Is Clay v. United States, currently pending in the 11th Circuit, a case study of overcriminalization and abusive federal prosecution? The case raises basic notions of due process, fair notice, the rule of lenity, mens rea, and actus reus. What began as a highly publicized raid by some 200 FBI agents on a Florida health care company over an accounting dispute of how to interpret a provision in Florida’s Medicaid reimbursement statute with no clarifying administrative regulations, ended in the indictment, conviction, and prison sentences for the company’s top executives for fraud. This case is particularly important for all regulated industries, where there are numerous and ambiguous laws and complex regulations governing conduct subject to administrative, civil, and criminal enforcement. John Lauro, counsel in the case, discussed the lawsuit, with Paul Kamenar joining to offer questions and comments.
Litigation Practice Group Teleforum
- Paul D. Kamenar, Washington, D.C. Attorney and Senior Fellow, Administrative Conference of the United States
- John F. Lauro, Principal, Lauro Law Firm
- Moderator: John G. Malcolm, Director and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation
The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 instructs the Consumer Financial Protection Bureau to study “the use of agreements providing for arbitration of any future dispute . . . in connection with the offering or providing of consumer financial products or services,” and to provide a report to Congress on the same topic. This past March, the CFPB issued its study, pursuant to the statutory requirement. Is the “arbitration study” an anti-arbitration study? Our experts discussed the report and its implications.
- Mr. Deepak Gupta, Founding Principal, Gupta Wessler PLLC
- Mr. Andrew J. Pincus, Partner, Mayer Brown LLP