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Challenges to Federal Agency Decisions and Regulations

We have significant trial and appellate experience litigating challenges to the final decisions of federal agencies and regulations promulgated by federal agencies. Where a final decision of a federal agency adversely affects the legal rights of a private person, that person may challenge the decision by suing under the Administrative Procedure Act (APA). Where a plaintiff demonstrates that the agency's decision was arbitrary, capricious, an abuse of discretion, or not in accordance with law, the court will vacate the agency's decision. The APA also provides procedures for challenging federal regulations.

HARRISON V. OCEAN BANK

Harrison v. Ocean Bank, 614 Fed. Appx. 429 (11th Cir. 2015) (lead counsel for FDIC) (affirming under the APA a final decision of the FDIC that the payment of compensation under a settlement agreement between a bank and its fired senior vice president to stave off a suit for discrimination and retaliation fell within the […]

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AMERICAN BANKERS ASSOCIATION, ET AL. V. FDIC

American Bankers Association, et al. v. FDIC, et al., No. 13-cv-02050 (D.D.C. 2013) (lead counsel for FDIC) (challenging under the APA standard of review the Volker Rule promulgated under the Dodd-Frank Wall Street Reform and Consumer Protection Act—barring banks from making certain kinds of speculative investments that do not benefit their customers—as applied to trust […]

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AMERICAN BANKERS ASSOCIATION, ET AL. V. BOARD OF GOVERNORS OF THE FEDERAL RESERVE, ET AL.

American Bankers Association, et al. v. Board of Governors of the federal Reserve, et al., No. 13-1310 (D.C. Cir. 2013) (lead counsel for FDIC) (challenging, in a direct review case, under the APA standard of review the Volker Rule promulgated under the Dodd-Frank Wall Street Reform and Consumer Protection Act—barring banks from making certain kinds […]

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GTS 900F V. FDIC

GTS 900F v. FDIC, 2012 WL 2086305 (C.D. Cal. 2012) (argued for FDIC) (holding upon review under the APA that the FDIC's determination there would never be assets in a failed bank's receivership to pay dividends to general unsecured creditors was not arbitrary, capricious, and abuse of discretion, or rendered in violation of law and, […]

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