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Special Alert: Supreme Court preserves CFPB through severance
The U.S. Supreme Court on Monday issued its long-awaited opinion in Seila Law LLC v. Consumer Financial Protection Bureau , with a 5-4 split along ideological lines holding that the structure of the CFPB is unconstitutional. Specifically, the clause in the underlying statute that requires cause to...
Special Alerts"Some lies matter more than others: Why Congress should consider a 'false statement misdemeanor'" by Preston Burton, Paige Ammons, Jackson Hagen, and Bree Murphy (Law.com)
The Department of Justice’s attempted abandonment of the Michael Flynn prosecution has sparked troubling and conflicting questions of political interference, prosecutorial indiscretion and judicial overreach. But a difficult question at the heart of the matter has gone begging: whether there are...
Articles"School of hard knocks: Federal student loan servicing and the looming federal student loan crisis" by Jeffrey P. Naimon, Sasha Leonhardt, and Sarah B. Smick (American University Administrative Law Review)
Nearly forty-three million Americans collectively owe $1.5 trillion in outstanding student loan debt. Of that, approximately ten percent of student loan debt is over ninety days delinquent or in default, while the actual delinquency rate is estimated to likely be double this amount due to the fact...
ArticlesSpecial Alert: CFPB proposes changes to qualified mortgage definition; delays expiration of “GSE patch” until final rule becomes effective
On June 22, the CFPB released two Notices of Proposed Rulemaking (NPRM) to address the January 2021 expiration of the so-called GSE Patch for the Qualified Mortgage (QM) Rule. The GSE Patch provided QM status to mortgage loans eligible for purchase by either of the GSEs even if the loans did not...
Special Alerts"Watching Amazon—How a Hill investigation can morph into criminal inquiry" by Bradley A. Marcus (Bloomberg Law)
Amazon’s regulatory headache became a migraine in May when the House Committee on the Judiciary notified Amazon CEO Jeff Bezos that the company’s statements to Congress about its business practices “appear to be misleading, and possibly criminally false or perjurious.” The committee called on Bezos...
Articles"Price-gouging a priority as pandemic persists" by Michael N. Morrill
One of the federal government’s most immediate responses to the coronavirus crisis was a highly visible campaign against profiteering. While the absence of an overarching federal anti-price gouging statute has forced prosecutors to improvise and legislators to contemplate new laws in order to...
Buckley Commentary & Analysis"Resisting temptation in a crisis: Making sure ethics and compliance don’t get diluted under financial strain" by Daniel R. Alonso (Compliance & Enforcement)
As the pandemic crisis begins its long process of receding, near the top of mind in companies of all sizes is how to thrive, or even survive, with the economy in turmoil. With such pressures, it would be easy for business executives to let compliance issues drop down on their list of priorities...
Articles"What constitutes reasonable security per Calif. privacy law?" by Amanda R. Lawrence, Michael A. Rome, and James C. Chou (Law360)
California Consumer Privacy Act compliance has been focused on developing the policies, procedures and infrastructure to support new privacy rights for California residents, which include, among other things, the right to know what personal information companies have on them, the right to delete...
Articles"When the court orders a Brady violation" by Ian Acker
What happens when prosecutors fail to make constitutionally required disclosures of evidence because the court ordered them not to? The U.S. Court of Appeals for the Sixth Circuit weighed in on this issue recently,...
Buckley Commentary & Analysis"The False Claims Act, higher education, and the risks for research universities" by Andrew W. Schilling (NACUA Note)
Andrew W. Schilling wrote an article for the National Association of College and University Attorneys covering the risks these institutions face from Department of Justice enforcement of the False Claims Act. The article summarizes recent FCA cases of relevance to colleges and universities, while...
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