Navigating the Capital Adequacy Rule: Legal and Policy Perspectives

The Regulatory Transparency Project invites you to join us for a luncheon and panel discussion at the Mayflower Hotel on April 10, 2024. A distinguished panel of experts, moderated by the Hon. Eugene Scalia, will explore the legal and policy issues raised by the recently proposed Capital Adequacy rule jointly proposed by the FDIC, Federal Reserve, and OCC. The rule would substantially increase the capital that banks are required to hold, based on the so-called “Basel III Endgame” package developed internationally. Some estimate it will reduce national GDP by nearly $70 billion.

The panel will address:

• Whether the proposed rule complies with the APA and nondelegation doctrine;
• The proposal’s heavy reliance on the work of international standard-setting bodies;
• The impact of the proposal on financial services and the economy, including access to credit and reduction of market liquidity; and
• How the proposal fits into banking agencies’ increasing regulation of key aspects of the American economy.

Featuring:

• Peter Conti-Brown, Professor of Financial Regulation, Associate Professor of Legal Studies & Business Ethics, The Wharton School of the University of Pennsylvania
• Jeremy Newell, Senior Fellow, Bank Policy Institute
• Trent McCotter, Partner, Boyden Gray PLLC
• Randy Quarles, Chairman & Co-Founder, Cynosure Group
• Moderator: Eugene Scalia, Partner, Gibson, Dunn & Crutcher, and Former United States Secretary of Labor