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Supreme Court Decisions

Supreme Court Wrestles with Scope of Attorney-Client Privilege

January 17, 2023 By Sam Bragg, Kelley Barnaby and Christian Sweeney

A&B Abstract: On Monday, January 9, 2023, the United States Supreme Court heard argument in a case with potentially major implications for companies and individuals alike. In re Grand Jury asks the Court to give trial courts a definitive standard for determining if dual-purpose client communications containing both legal and nonlegal advice are protected under […]

Filed Under: Supreme Court Decisions Tagged With: ACP, Attorney-Client Privilege, Privilege, SCOTUS, SupremeCourt

38 Attorneys General Ask SCOTUS to Determine the CFPB’s Fate

December 29, 2022 By Kelley Barnaby, Sam Bragg and Chris Thomson

A&B Abstract: In November, the Consumer Financial Protection Bureau (“CFPB”) filed a petition for a writ of certiorari in connection with the Fifth Circuit’s recent decision in Community Financial, which held that the CFPB’s funding structure violated the Constitution’s Appropriations Clause. (For a full discussion of the Community Financial decision, click here; for a full […]

Filed Under: Attorney General Actions, Consumer Financial Protection Bureau (CFPB), Supreme Court Decisions Tagged With: #CFPB, Attorneys General, Fifth Circuit, SupremeCourt

CFPB Petitions High Court to Consider Decision Holding Funding Structure Unconstitutional

November 29, 2022 By Sam Bragg

A&B Abstract: On November 14, 2022, the Consumer Financial Protection Bureau (“CFPB”) filed a petition for a writ of certiorari in connection with the Fifth Circuit’s recent decision in Community Financial, which held that the CFPB’s funding structure violated the Constitution’s Appropriations Clause.  (For a full discussion of the Community Financial decision, click here.) The […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Supreme Court Decisions Tagged With: #CFPB, 5th Circuit, Case law, Supreme Court

CFPB’s SBREFA Outline on Automated Valuation Models Rekindles Debate over Disparate Impact Liability under the ECOA

February 26, 2022 By Brian Johnson and Melissa Malpass

Section 1473(q) of the Dodd-Frank Act (now codified at 12 U.S.C. § 3354(q)) amended the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”) to instruct the CFPB, Fed, OCC, FDIC, NCUA, and FHFA (collectively, the “agencies”) to jointly develop regulations for quality control standards for automated valuation models (“AVMs”), defined as “any computerized […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Dodd-Frank Act, Equal Credit Opportunity Act (ECOA), Supreme Court Decisions Tagged With: #CFPB, Fair Lending

Upcoming Webinar on Implications of Collins v. Yellen

June 28, 2021 By Consumer Finance Team

On Friday, July 2, Alston & Bird partner Jason Levine will participate in a Federalist Society webinar discussing the Supreme Court’s Collins v. Yellen ruling and its implications.  In Collins v. Yellen, issued on June 23, the Court held that: (1) because the Federal Housing Finance Agency did not exceed its authority under the Housing […]

Filed Under: Federal Housing Finance Agency (FHFA), Supreme Court Decisions Tagged With: #collinsvyellen

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