Litigation Update: American Bankers Association and Washington Federal v. U.S.

Litigation Practice Group Teleforum Friday, February 17, 2017 03:00 PMFederalist Society Teleforum Conference Call

The American Bankers Association and Washington Federal, a bank holding company, have filed a suit against the United States government for reducing the amount of dividends paid to banks that own Federal Reserve stock. In the Federal Reserve Act of 1913, the Federal Reserve agreed to pay 6% annual dividends to stockholders of regional Federal Reserve Banks, but Congress decreased that amount to 2% in 2015 in the Fixing America’s Surface Transportation Act, or FAST Act, which appropriated the other 4% of would-be-dividends for highway funding. Proponents of the change argue that 6% dividends were exorbitant returns for the stock, and that banks are still guaranteed a positive return, even at 2%.

Brett Shumate and Steve Obermeier of Wiley Rein, who represent the plantiffs in this case, will join us to discuss the pending litigation.


  • Stephen J. Obermeier, Partner, Wiley Rein LLP
  • Brett A. Shumate, Partner, Wiley Rein LLP

Happy Hour - Judge Gorsuch Nomination

San Diego Lawyers Chapter Thursday, February 16, 2017 05:30 PMKnotty Barrel
844 Market Street
San Diego, CA 92101

Please join us for happy hour to discuss Judge Gorsuch's nomination to the U.S. Supreme Court. There will be no formal presentation, we just thought it would be a good idea to get together and discuss this exciting development.

Federal, State, Local, and Tribal Partnerships

International & National Security Law Practice Group Teleforum Thursday, February 16, 2017 01:00 PMFederalist Society Teleforum Conference Call

Over the last fifteen years, homeland security has become a field unto itself.  The United States Department of Homeland Security (DHS) has become the second-largest federal executive department in the number of people it employs, and includes three law enforcement agencies and a military service (the United States Coast Guard).  But the heavy responsibility of keeping Americans safe at home extends well beyond the jurisdiction of that department alone.  Still at the federal level, the Department of Justice has four law enforcement agencies of its own, the Department of Defense is authorized to support domestic law enforcement and disaster response operations under certain circumstances (consistent with the Posse Comitatus Act), and the Departments of State, Treasury, Interior, Transportation, and Energy all have components that perform some domestic security-related functions.

Vertical integration has also been a strategic focus.  DHS-led intelligence fusion centers, and Federal Bureau of Investigation (FBI) led Joint Terrorism Task Forces (JTTF) each include non-federal, that is state, local, or tribal personnel to help accomplish their missions, and surplus military-grade equipment has increasingly proliferated into local law enforcement.  Each of these measures is controversial, with some municipalities attempting to limit by legislation their police forces’ participation in JTTFs, and many observers criticizing the increased “militarization” of law enforcement.  Further, the rise of so-called “sanctuary cities” also pits some localities against federal immigration laws in ways that may have significance for counterterrorism efforts.

This first episode in our Security Partnership Teleforum Series will explore the limits of federal, state, local, and tribal cooperation.  Can and should federal authorities commission local law enforcement to surveil potential threats, and compel compliance with immigration enforcement efforts?  How blurred is the line now between “domestic surveillance” for “domestic security” purposes (to which the Fourth Amendment applies) and broader national security concerns that have a foreign intelligence nexus that might be governed by the Foreign Intelligence Surveillance Act?  Are there limits on how technologies developed for intelligence gathering purposes may be used in law enforcement missions?  What limits should there be on the military’s supplying equipment and training to law enforcement agencies?


  • Governor Tom Ridge, Chairman, Ridge Global, Formerly the First Secretary of the U.S. Department of Homeland Security, Former Governor of Pennsylvania
  • Moderator: Adam R. Pearlman, Special Advisor, International and National Security Law Practice Group