Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Keith Gerver
CFPB Funding Challenge: Supreme Court Appears Skeptical
On October 3, 2023, the U.S. Supreme Court heard oral argument in CFPB v. Community Financial Services Association of America to decide whether the CFPB’s funding structure violates the Constitution’s Appropriations Clause.
CFPB Enforcement Lags in Federal Court Due to Supreme Court Case
The Consumer Financial Protection Bureau, the federal financial watchdog, is facing an existential challenge at the US Supreme Court next term. The uncertainty surrounding the outcome of that case is impeding the agency’s enforcement efforts as lower courts wait for Supreme Court guidance. The CFPB, established in 2010 in response to the Great Recession, has always courted controversy. In 2020, the Supreme Court took issue with the lack of direct presidential control over the CFPB’s director.
CFPB Enforcement Lags in Federal Court Due to Supreme Court Case
The Consumer Financial Protection Bureau, the federal financial watchdog, is facing an existential challenge at the US Supreme Court next term. The uncertainty surrounding the outcome of that case is impeding the agency’s enforcement efforts as lower courts wait for Supreme Court guidance. The CFPB, established in 2010 in response to the Great Recession, has always courted controversy. In 2020, the Supreme Court took issue with the lack of direct presidential control over the CFPB’s director.
The Supreme Court Grants Petition to Decide Constitutionality of CFPB Funding | JD Supra
On February 27, 2023, the U.S. Supreme Court granted the Consumer Financial Protection Bureau’s Petition for a Writ of Certiorari in the closely watched case of CFPB v. Community Financial Services Association of America, and denied the cross-petition filed by Community Financial Services Association of America (“CFSAA”).
The Supreme Court Grants Petition to Decide Constitutionality of CFPB Funding
On February 27, 2023, the U.S. Supreme Court granted the Consumer Financial Protection Bureau’s Petition for a Writ of Certiorari in the closely watched case of CFPB v.
Fifth Circuit Ruling Chills Consumer Financial Protections
The CFPB headquarters in Washington, D.C. Photo by Andrew Harrer/Bloomberg By Ken Bergman, Keith Gerver, and Rachel Rodman Oct. 25, 2022, 5:45 PM White collar and financial litigation attorneys from Cadwalader analyze the broad impact of a Fifth Circuit ruling that the Consumer Financial Protection Bureau’s funding structure is unconstitutional. The decision could slow the bureau’s work and prompt future litigation, they say. In Community Financial Services Association of America v.
New Executive Order Directs CFIUS on Review of Covered Transactions | JD Supra
On September 15, President Biden issued an Executive Order on “Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States” in response to “an evolving national security landscape and the nature of investments that pose related risks to national security.” The Executive Order directs CFIUS to consider five specific “sets of factors” as part of its review of covered transactions (i.e., transactions that could result in control...
New Executive Order Directs CFIUS on Review of Covered Transactions
Friday, September 30, 2022 On September 15, President Biden issued an Executive Order on “Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States” in response to “an evolving national security landscape and the nature of investments that pose related risks to national security.” The Executive Order directs CFIUS to consider five specific “sets of factors” as part of its review of covered transactions (i.e., transactions...
Fifth Circuit Bombshell on SEC ALJs Raises Questions about DEA ALJs | JD Supra
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.
A Sea Change in FARA Enforcement | JD Supra
In what may mark a sea change in enforcement of the Foreign Agent Registration Act, for the first time in more than 30 years, the Department of Justice has filed a complaint seeking to compel an individual − the former Finance Chair of the Republican National Committee, Stephen A. Wynn − to register as a foreign agent.
A Sea Change In FARA Enforcement
In what may mark a sea change in enforcement of the Foreign Agent Registration Act, for the first time in more than 30 years, the Department of Justice has filed a complaint seeking to compel an individual − the former Finance Chair of the Republican National Committee, Stephen A. Wynn − to register as a foreign agent.
Strengthening Cybersecurity Notification Requirements | JD Supra
Last week, the U.S. Senate passed S. 3600, the Strengthening American Cybersecurity Act, which represents a significant step forward in the establishment of a national data breach notification law for certain critical infrastructure businesses and marks, for the first time, that businesses will be required to report when they have made ransomware payments.
Strengthening Cybersecurity Notification Requirements
United States: Strengthening Cybersecurity Notification Requirements 14 March 2022 Cadwalader, Wickersham & Taft LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Last week, the U.S. Senate passed S.
COVID-19 Update: CFPB Announces Results of its Prioritized Assessments of CARES Act and Other Borrower Protections in Light of COVID-19 Pandemic | JD Supra
On January 19, 2021, the Consumer Financial Protection Bureau (CFPB or Bureau) published a special edition of its Supervisory Highlights focused on its COVID-19 Prioritized Assessments.
Expect A Boost In Consumer Financial Protection Under Biden
United States: Expect A Boost In Consumer Financial Protection Under Biden 06 January 2021 by Rachel Rodman , Keith Gerver and Kendra Wharton Cadwalader, Wickersham & Taft LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
President Trump Orders TikTok Parent Company To Divest From U.S. Assets
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
With Executive Order Looming, Microsoft In Talks To Purchase TikTok
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
INSIGHT: Supreme Court Ruling Does Not End the Fight Over the CFPB
The U.S. Supreme Court’s ruling in Seila Law v. CFPB allows the president to fire at will the head of the Consumer Financial Protection Bureau, an independent federal agency. The court held that removal protections found in the Dodd-Frank Act were unconstitutional and violated separation of powers.
INSIGHT: Supreme Court Ruling Does Not End the Fight Over the CFPB
The U.S. Supreme Court’s ruling in Seila Law v. CFPB allows the president to fire at will the head of the Consumer Financial Protection Bureau, an independent federal agency. The court held that removal protections found in the Dodd-Frank Act were unconstitutional and violated separation of powers.
Treasury Implements Fees For Review Of Certain CFIUS Transactions
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
CFIUS Proposes Filing Fee For Voluntary Notices Of Transactions
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
President Trump Prohibits Chinese Acquisition Of U.S. Software Company
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Foreign Intelligence Surveillance Act reform will protect our safety
For four decades, the Foreign Intelligence Surveillance Act has provided a legal process for monitoring suspected spies and terrorists operating within the United States.
CRS Provides Overview Of CFIUS Following FIRRMA Implementation
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Final Regulations On Expanded Authority Of CFIUS To Review Foreign Investor Transactions Go Into Effect
To print this article, all you need is to be registered or login on Mondaq.com. Eighteen months after President Trump signed the Foreign Investment Risk Review Modernization Act ("FIRRMA") which broadened the power of the Committee on Foreign Investment in the United States ("CFIUS") to review foreign investments in the United States, final regulations to implement CFIUS's expanded authority become effective on February 13, 2020.
DOJ Charges Chinese Military Personnel With Stealing Consumer Information From Equifax
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Final Regulations on Expanded Authority of CFIUS to Review Foreign Investor Transactions Go into Effect | JD Supra
Eighteen months after President Trump signed the Foreign Investment Risk Review Modernization Act (“FIRRMA”)1 which broadened the power of the Committee on Foreign Investment in the United States (“CFIUS”) to review foreign investments in the United States, final regulations to implement CFIUS’s expanded authority become effective on February 13, 2020.2 They replace the interim regulations previously issued by the Treasury Department, and mark the end of the Critical Technology Pilot Program...
Treasury Finalizes CFIUS Regulations Expanding Review Of Foreign Investment Transactions
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
The Digital Revolution Takes on New Meaning: Among Calls for Heightened U.S. Data Privacy Measures, California is King | JD Supra
California’s ambitious new data privacy law, the California Consumer Privacy Act of 2018 (“CCPA”), will go into effect on January 1, 2020 and promises to bring a new era of digital regulation to America’s shores. Financial institutions that just navigated their way through implementing the European Union’s General Data Protection Regulation (“GDPR”), which became effective in May 2018, may be uneasy about the prospect of complying with yet another new data privacy compliance regime.
Coverage of Al-Nashiri’s Arraignment: Motions Hearing Part 3
At last, you have reached the final post in Lawfare’s coverage of the motions hearing portion of Abd al-Rahim al-Nashiri’s arraignment. The last argument focused on the defense’s motion to bar Joint Task Force–Guantanamo personnel from reading attorney-client communications in violation of the attorney-client privilege. This part of the hearing, however, was simply much too long to provide blow-by-blow coverage, as I have done with the previous two motions.
Coverage of Al-Nashiri’s Arraignment: Motions Hearing Part 3
Published by The Lawfare Institute in Cooperation With At last, you have reached the final post in Lawfare’s coverage of the motions hearing portion of Abd al-Rahim al-Nashiri’s arraignment. The last argument focused on the defense’s motion to bar Joint Task Force–Guantanamo personnel from reading attorney-client communications in violation of the attorney-client privilege.
Coverage of Al-Nashiri’s Arraignment: Motions Hearing Part 2
Following discussion of post-acquittal detention, the al-Nashiri motions hearing continued with the defense’s second motion. This motion involves the defense’s request that Military Judge Pohl allow in camera, ex parte requests to the Convening Authority for expert assistance while only providing minimal notice to the prosecution. A little background information on this issue is warranted.
Coverage of Al-Nashiri’s Arraignment: Motions Hearing Part 1
Published by The Lawfare Institute in Cooperation With I’m going to wrap-up Lawfare’s in-depth coverage of Abd al-Rahim al-Nashiri’s arraignment with some discussion of the post-arraignment motions hearing. Given the length of this part of the hearing, I’ll be presenting it in three parts, one for each of the three defense motions ruled on by Military Judge Pohl.
Al-Nashiri Arraignment Coverage: Voir Dire and Arraignment
Published by The Lawfare Institute in Cooperation With Wednesday’s arraignment hearing of Abd al-Rahim al-Nashiri began about twenty minutes after 9 a.m., roughly two hours after most reporters arrived at the Ft. Meade, Maryland remote viewing location. Before jumping into the details of the hearing, I want to note that attendance was surprisingly high at the Ft. Meade base theater. Naturally, such attendance was mostly made up of reporters and Department of Defense employees.
Coverage of al-Nashiri’s Arraignment: Post-Hearing Press Conference
Published by The Lawfare Institute in Cooperation With Shaking things up a bit, I’m going to begin Lawfare’s in-depth coverage of Abd al-Rahim al-Nashiri’s military commission proceeding yesterday from the end—the roughly one-hour-long afternoon press conference that followed the morning hearing. As noted in my post yesterday, the press conference featured remarks from defense counsel, the chief prosecutor, and members of the victims’ and survivors’ families.
Coverage of al-Nashiri’s Arraignment
Published by The Lawfare Institute in Cooperation With Lawfare was on hand earlier today at Ft. Meade, Maryland, to witness the first live (well, 40 second-delayed) transmission of military commission proceedings in Guantanamo Bay, Cuba to a location here in the continental United States.
Liveblogging Session 7: Keynote Address of New York Times Reporter Charlie Savage
Published by The Lawfare Institute in Cooperation With The Keynote Address begins with a brief introduction from Jack. He notes that one thing extraordinary about Savage is his ability to extract information from government officials and the clarity with which he can describe and discuss complicated legal issues. He then hands over the podium to Savage.
Liveblogging Session 6: The Presidency in the Post-9/11 World
Published by The Lawfare Institute in Cooperation With Prof. David Barron kicks off the last panel discussion of the conference, focusing on the Presidency in the Post-9/11 World. He begins by noting that it is not surprising that a serious national security crisis will change the presidency. Second, he thinks there is a great deal of agency with respect to the presidency. Lastly, ideas of presidential power have guided various presidents in different ways.
Liveblogging Session 5: “The Ethics and Law of International Counter-terrorism: The Challenges of the Next Ten Years”
Published by The Lawfare Institute in Cooperation With The afternoon session of Day 2 of the conference begins with introductory remarks from Gabby Blum, the moderator of the afternoon’s first panel. She asks the panel to discuss the utility of force; what are the costs of engaging in intervention and counter-terrorism operations? Is there an incentive to do more outside the borders so that we can be less coercive domestically? If so, is this a fair trade-off?
Liveblogging Session 4: “The Ethics and Law of Domestic Counter-terrorism: The Challenges of the Next Ten Years”
Published by The Lawfare Institute in Cooperation With Session 4 begins with a brief introduction of the panelists from Prof. Dick Fallon, the panel’s moderator. Panelists include Prof. Phil Heymman, Ben Wizner, director of litigation of the ACLU’s National Security Project, Prof. Gerald Neuman, and Prof. Trevor Morrison. The first panelist to comment is Heymann. He says he’s afraid he’s going to sound like Chicken Little–that the sky is falling on American civil liberties.
Liveblogging Session 3: “U.S.-Muslim Relations: Where Are We Heading?”
Published by The Lawfare Institute in Cooperation With Day 2 of the HLS-Brookings Program on Law and National Security conference begins with Prof. Blum introducing Chibli Mallat, moderator of the first panel of the morning. He says he would like to point out three elements that “seem to be dominant” and at the juncture of discourse over U.S.-Muslim relations.
Liveblogging Session 2: Keynote Address of Deputy National Security Advisor for Homeland Security, John O. Brennan
Published by The Lawfare Institute in Cooperation With Professor Blum welcomes the audience back and invites Professor Dan Meltzer to introduce John Brennan. Meltzer provides a short biography for Brennan and notes that he has been a key actor in shaping the government’s response to 9/11. He explains that Brennan is the principal official in charge of coordinating and implementing counterterrorism policies.
Liveblogging Session 1 – Opening Remarks and Panel 1: “What Can and Cannot Be Learned From the 'War on Terrorism' For Other Threats?"
Published by The Lawfare Institute in Cooperation With With a few moments to go before the HLS-Brookings Program on Law & Security’s inaugural event begins, I wanted to briefly introduce myself to the Lawfare community. As Ben mentioned in an earlier post, I’m Keith Gerver, a recent graduate of Harvard Law School and former co-editor-in-chief of Lawfare’s sister publication, the Harvard National Security Journal.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Keith
Contact Keith, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack