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Swirling Winds
June 2, 2022

We've all seen The Weather Channel's videos of drenched reporters holding onto the sides of buildings or light poles to escape Mother Nature's wrath, with swirling winds and driving rain adding drama to the images.

So when JPMorgan CEO Jamie Dimon warned investors to "brace yourself" for an economic hurricane, we all took notice. While it is too early to tell whether Mr. Dimon will be an accurate weather prognosticator, it does seem like a good idea to at least check the storm supply checklist and stay focused on the clouds above or on the horizon. 

It was important to see President Biden give a very visible vote of confidence to Fed chairman Powell earlier this week (see our write-up below), and we shall see in the coming weeks and months how this all shakes out − inflation, oil prices, Ukraine, supply chain challenges and so on. 

For now, economic life goes on, and it was another busy week in Washington, in particular, with several significant developments. 

Thank you for your continued interest in Cabinet News and Views. And, once again, we welcome your comments.  

Daniel Meade and Michael Sholem
Co-Editors, Cabinet News and Views

Partner | Financial Regulation

Federal Reserve Board Chair Jay Powell had a meeting at the White House earlier this week with President Biden and Secretary of the Treasury Yellen to discuss inflation.

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Partner | Financial Regulation

The Consumer Financial Protection Bureau ("CFPB") released a regulatory Circular providing guidance regarding the use of “complex algorithms” to assess whether a consumer should be extended credit.

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Special Counsel | White Collar Defense and Investigations

On May 27, OFAC announced a civil settlement with a Puerto Rico-based bank in connection with apparent violations of the Venezuela Sanctions Regulations. While the settlement amount of $255,938 is a fraction of the blockbuster fines paid by some banks in recent years, the case nonetheless serves as an important reminder that sanctions requirements vary from program to program, and compliance procedures must be tailored accordingly. 

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Partner | Financial Regulation

In a blog post, the Consumer Financial Protection Bureau (“CFPB”) revealed that it had sent letters requesting information from credit card issuers as to the reasons why actual payment histories are often not being reported to credit bureaus.

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Counsel | Financial Restructuring
Associate | Financial Restructuring

In Kelley v. Safe Harbor Managed Account 101, Ltd., the Eighth Circuit Court of Appeals endorsed a broad view of parties protected from avoidance claims related to certain derivative and financial contracts (“QFCs”), including a securities contract (e.g., purchase and sale of securities).

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Partner | White Collar Defense and Investigations
Associate | White Collar Defense and Investigations
Associate | White Collar Defense and Investigations

In a decision that likely will reverberate throughout the administrative state, a three-judge panel of the United States Court of Appeals for the Fifth Circuit recently held in Jarkesy v. Securities and Exchange Commission that the Securities and Exchange Commission’s use of its in-house administrative law judges (“ALJs”) to adjudicate securities fraud actions seeking the imposition of monetary penalties was unconstitutional for three independent reasons. While the first two reasons the Fifth Circuit discussed are inapplicable to the Drug Enforcement Administration administrative hearing process, the third reason is directly relevant. Specifically, the court found that the statutory removal protections afforded to the SEC’s ALJs, providing that ALJs cannot be removed from office without a Merit Systems Protection Board hearing, violated the Take Care Clause of Article II of the Constitution by insulating SEC tribunals from Presidential control. Because DEA administrative judges enjoy the same statutory removal protections as those the Fifth Circuit panel found unconstitutional, Jarkesy might serve to invalidate the DEA’s judicial hearing processes.

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Maurine R. Bartlett
Senior Counsel
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Brian Foster
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James Frazier
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Mark Howe
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Philip S. Khinda
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Ivan Loncar
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Peter Y. Malyshev
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Daniel Meade
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Jed Miller
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Michael Newell
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Rachel Rodman
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Lary Stromfeld
Partner
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Jonathan M. Wainwright
Senior Counsel
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