Recent SCOTUS Decisions’ Impact on Banking and Financial Services Regulation

This CLE webinar will guide banking and financial services practitioners through the recent U.S. Supreme Court decisions in Loper Bright v. Ramondo, Corner Post Inc. v. Board of Governors, Cantero v. Bank of America N.A., and SEC v. Jarkesy. The panel will analyze these decisions and the influence they may have on the future of banking regulation and address the potential client impact going forward.

Description

Recent U.S. Supreme Court decisions have left the banking and financial services industry with a great deal of uncertainty as to what regulations and regulatory decisions will survive legal challenges. As an industry heavily regulated by several federal agencies, including the OCC, FDIC, Federal Reserve, NCUA, and the CFPB, banking counsel should understand the implications these decisions will have on federal banking agencies' rulemaking authority, rule implementation, and legal challenges to federal rules, and how their clients may be impacted.

Because banks and financial institutions are already subject to extensive supervision and safety and soundness requirements, the effects of these decisions are complex. The power and authority of state and federal banking agencies to supervise and examine financial organizations will likely not change as a result of Loper Bright overruling Chevron. Thus, there are industry-specific issues and nuances that practitioners need to understand in order to properly advise their clients.

Listen as our expert panel reviews the recent SCOTUS decisions and discusses the anticipated impacts on the banking and financial services industry. The panel will also address key considerations for counsel advising clients on maintaining compliance with federal regulations in light of the changing landscape in legal precedent.

Outline

1. Overview: history of federal regulatory interpretation under Chevron
2. Loper Bright Enterprises v. Raimondo
   1. Federal banking agencies' significant discretion
   2. Effect of decision on courts' deference to federal banking agencies' statutory interpretation
   3. Impact of decision on recent prior decision in CFPB v. Community Financial Services Association of America
3. Corner Post Inc. v. Board of Governors of the Federal Reserve System
4. Cantero v. Bank of America N.A.
5. SEC v. Jarkesy
6. Impact of these decisions on financial regulatory initiatives and authorities
7. Regulatory litigation challenges
8. Practical implications going forward

Benefits

The panel will address these and other key considerations:

• What impact will recent SCOTUS decisions have on judicial review of banking regulations?
• Will these decisions lead to more litigation challenging agency actions?
• How will the decisions affect future banking regulatory rulemaking?
• How will federal banking regulators proceed in enforcing agency regulations in light of these decisions?
• What is the potential impact of these decisions on banking clients?

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