Federal Preemption of State Regulations of Banks–Current Developments

As states increasingly exercise regulatory authority over banks and other financial service providers, the preemptive bounds of federal banking laws have been tested. In many instances, courts have found the limits of federal preemption to be more narrow than many industry participants expected. Those decisions have significant implications for a range of firms, from banks to marketplace lenders to fintech firms. In this breakfast briefing, we will discuss recent key court decisions in the area of preemption and the potential impact of those decisions on financial institutions.

In addition, we will discuss the implications from the 9th Circuit’s preemption decision in Lusnak, the precedent regarding the “valid when made” doctrine following the Second Circuit decision in Madden, and the courts’ preemption decisions related to efforts by states such as Colorado, Maryland and Pennsylvania to enforce state lending laws on what they deem to be the “true lenders.”

For additional information or to register for this event, please contact Liz Whitley at lwhitley@mayerbrown.com or +1 202 263 3092.

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