Navigating the Capital Adequacy Rule: Legal and Policy Perspectives

The Mayflower Hotel
1127 Connecticut Ave NW
Washington, DC 20036

Event Video

Registration to attend this event in person is now closed.

Join us on April 10, 2024, at 12:00 PM ET
for a special lunch panel sponsored by the Regulatory Transparency Project.

Lunch will be served at 12:00 pm with a discussion on the recently proposed Capital Adequacy rule to follow.


The Mayflower Hotel
Palm Court Ballroom
1127 Connecticut Avenue NW
(Farragut North Metro)
Washington, D.C. 

Event Description

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.


  • 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



As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.