As 2020 drew to a close, the Ninth Circuit gave the CFPB a victory in Consumer Fin. Prot. Bureau v. Seila Law LLC, 2020 U.S. App. LEXIS 40572 (9th Cir. Dec. 29, 2020), upholding the CFPB’s civil investigative demand (CID) to Seila Law. The case was on remand from the United States Supreme Court, which
Keith Bradley represents companies before US federal and state agencies across a spectrum of regulatory regimes. As a senior advisor to the General Counsel of the US Department of Energy (DOE) until recently, Keith organized the defense of high-stakes litigation; advised on prominent departmental regulatory reforms, such as those in energy conservation and nuclear export controls; and was the department’s lead lawyer on implementation of the Iran nuclear deal.
Before joining DOE, he was counsel in the Legal Division of the Consumer Financial Protection Bureau, where he helped draft significant regulations, counseled senior agency executives on administrative and constitutional law, and worked with enforcement teams on some of the bureau’s most significant matters. Since leaving DOE, he has served as senior counsel for a corporation in Denver, where he built and ran the compliance management system and helped introduce regulators to the company’s novel business model.
Before his government service, Keith engaged in administrative and regulatory litigation, appellate litigation and complex commercial litigation at a major US-based law firm.
The long-running battle over the constitutionality of the CFPB is finally over, and it ended with a whimper. The resolution from the Supreme Court is, practically speaking, about where a panel of the D.C. Circuit left things years ago in PHH.
Companies defending against CFPB enforcement have repeatedly argued that the Bureau is unconstitutional because…