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The Post–Chevron Future: Litigating Against Administrative Agencies Following Loper and Corner Post

Over the last few weeks, the Supreme Court issued two long-awaited decisions that are each significant in their own right, but, together, will drastically reshape the future of litigation against administrative agencies—and...more

The CFPB Survives: Our Take on the Supreme Court Decision

On May 16, 2024, the United States Supreme Court, in a 7-2 opinion authored by Justice Clarence Thomas, upheld the constitutionality of the funding mechanism of the Consumer Financial Protection Bureau (“CFPB” or “Bureau”)....more

CFPB: Fixing Something That’s Not Broken – But Setting Forth a Framework for Abusive Conduct

The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) recently issued a proposed rule that would prohibit financial institutions from charging nonsufficient funds (“NSF”) fees on instantaneously declined transactions....more

SDNY’s New Policy on Self-Disclosures for Individuals May Be a Game Changer

On January 10, 2024, Damian Williams, the U.S. Attorney for the Southern District of New York (“SDNY”), announced the launch of the SDNY Whistleblower Pilot Program (the “Pilot Program”), a significant new policy that...more

CFPB Takes Steps to Supervise Digital Payments Apps

On November 7, 2023, the Consumer Financial Protection Bureau (“CFPB”) issued a proposed rule that would allow it to exercise its supervisory authority over larger nonbanks offering digital consumer payment applications, such...more

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