Chief Program Officer, National Community Reinvestment Coalition
David Berenbaum serves as The National Community Reinvestment Coalition’s Chief Program Officer. David is responsible for implementing NCRC’s legislative, research, compliance, community lending, minority business and civil rights programs. He testified in 2007 before the House Financial Services Committee on solutions to the current foreclosure crisis in America and before the Senate Banking Committee hearing on solutions to the current sub-prime mortgage melt-down. His current national public policy and regulatory focus includes initiatives to expand CRA to reach all financial service providers, Home Mortgage Disclosure Act analysis, RESPA reform, enactment of a meaningful national responsible lending bill and related consumer protections. Mr. Berenbaum has achieved a national reputation as a civil rights expert and advocate. He attained national recognition for fair housing and related consumer protection advocacy and has appeared as an expert on numerous national news magazine shows – including Dateline NBC, 48 Hours, The CBS Evening News, Bloomberg, CNBC, CNN and others. Recently, his work documenting fair lending compliance issues by mortgage brokers through mystery shopping in six cities and concerning about appraisal valuation practices was reported on by syndicated real estate columnist Ken Harney in two articles.
Mr. Berenbaum is responsible for coordinating NCRC’s fair housing and fair lending compliance initiatives, which in 2008 will be relaunched under the historic name “National Neighbors" and the establishment of NCRC’s new CDFI, which is a component of it’s National Homeownership Sustainability Fund. David is also one of the founders of NCRC’s Center for Responsible Appraisals and Valuations (CRAV). The CRAV celebrates appraisal best practices in cooperation with it’s stake holders, who include lenders, securitizers, appraisers, real estate professionals and other public and private sector leaders.
General Counsel, Consumer Financial Protection Bureau
Len Kennedy is the General Counsel of the Consumer Financial Protection Bureau. As General Counsel he is responsible for providing legal advice, counsel and support to all components of the Bureau. Prior to joining the Bureau, he most recently served as General Counsel, Corporate Secretary and Chief Government Affairs Officer for Sprint Nextel Corporation, where he managed a legal department of 131 attorneys and advised the board of directors, CEO and senior management on all aspects of the company's business and legal affairs. During his tenure, Mr. Kennedy successfully oversaw the business and legal integration of a $35 billion merger. He previously served for five years as General Counsel of Nextel. In 2008, he was a recipient of Corporate Board Member's America's Top General Counsel Award.
In a prior role, he advised providers of communications and Internet services on all aspects of communications business and regulatory matters as a partner of Dow Lohnes. Mr. Kennedy twice served as a Senior Legal Advisor at the Federal Communications Commission. Mr. Kennedy has served on the board of many Washington-area non-profit organizations and presently serves as a member of the Cornell University Council. He is an alumnus of Cornell University College of Arts and Sciences and Cornell Law School.
Senior Fellow, Mises Institute
Alex J. Pollock is a Senior Fellow with the Mises Institute, providing thought and policy leadership on financial issues and the study of financial systems. His work includes cycles of booms and busts, financial crises with their political responses, housing finance, government-sponsored enterprises, risk and uncertainty, central banking, banking and financial regulation, corporate governance, retirement finance, student loans, and the politics of finance.
He previously served as the Principal Deputy Director of the Office of Financial Research in the U.S. Treasury Department 2019-2021. He was a Distinguished Senior Fellow with the R Street Institute 2015-2019 and 2021, and a resident fellow at the American Enterprise Institute, 2004-2015. Among the many aspects of his AEI work, he developed the One Page Mortgage Form to give borrowers in clear form the key information they need in order to know what they are committing themselves to. He was President and CEO of the Federal Home Loan Bank of Chicago from 1991 to 2004. There he invented the Mortgage Partnership Finance program, which successfully created front-end mortgage credit risk sharing beginning in 1997. His decades of banking experience include being a Visiting Scholar at the Federal Reserve Bank of St. Louis, 1991.
Pollock was a director of the CME Group 2004-2019 and of Ascendium Education Group 1989-2019. He is a director and past-chairman of the Great Books Foundation and a past president of the International Union for Housing Finance.
He is the co-author of Surprised Again! - The COVID Crisis and the New Market Bubble (2022), and the author of Finance and Philosophy—Why We’re Always Surprised (2018) and Boom and Bust: Financial Cycles and Human Prosperity (2011), as well as numerous articles and Congressional testimony.
Pollock is a graduate of Williams College, the University of Chicago, and Princeton University.
His work is available on alexjpollock.com.
Judge, United States Court of Appeals, Tenth Circuit
Judge Tymkovich, of Denver, Colorado, was nominated to the Tenth Circuit Court of Appeals by President George W. Bush, and confirmed in April 2003. On October 1, 2015 he became Chief Circuit Judge and held this position until October 2022. He was Chair of the US Judicial Conference’s Committee on Judicial Resources from 2011 to 2015. Since 2008 he has been an adjunct professor of law at the University of Colorado School of Law, teaching Election Law. He is a member of the Doyle Inn of Court, the American Law Institute, and the International Society of Barristers. Since he joined the Circuit, Judge Tymkovich has hosted judicial delegations from Russia, Kazakhstan, and Afghanistan, and has also represented the United States in programs at Kiev and Yalta in Ukraine.
George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
TODD J. ZYWICKI is George Mason University Foundation Professor of Law at Antonin Scalia Law School at George Mason University and Research Fellow of the George Mason Law and Economics Center. During the Fall 2023 semester he served as the Visiting Scholar in Conservative Thought and Policy for the Bruce Benson Center for the Study of Western Civilization at the University of Colorado-Boulder. From 2020-2021 he was Chair of the Consumer Financial Protection Bureau Taskforce on Federal Consumer Financial Law. In 2021 he was inducted to the American College of Consumer Financial Services Lawyers. He is also a Senior Fellow of the F.A. Hayek Program for the Advanced Study of Politics, Philosophy, and Economics at George Mason University and a former Senior Fellow of the Cato Institute. From 2015-2017 he was Executive Director of the George Mason Law and Economics Center. He served as Co-Editor of the Supreme Court Economic Review from 2006-2017. From 2003-2004, Professor Zywicki served as the Director of the Office of Policy Planning at the Federal Trade Commission. He has also taught at Vanderbilt University Law School, Georgetown University Law Center, Boston College Law School, Mississippi College School of Law, and China University of Political Science and Law.
Professor Zywicki clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and worked as an associate at Alston & Bird in Atlanta, Georgia, where he practiced bankruptcy and commercial law. He received his J.D. from the University of Virginia, where he was executive editor of the Virginia Tax Review and John M. Olin Scholar in Law and Economics. Professor Zywicki also received an M.A. in Economics from Clemson University and an A.B. cum Laude with high honors in his major from Dartmouth College.
Professor Zywicki is also a Lone Mountain Fellow of the Property and Environment Research Center, a Fellow of the International Centre for Economic Research in Turin, Italy, and a former Senior Fellow of the Goldwater Institute. During the Fall 2008 Semester Professor Zywicki was the Searle Fellow of the George Mason University School of Law and was a 2008-09 W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw National Fellow at the Hoover Institution on War, Revolution and Peace. He has lectured and consulted with government officials around the world, including Iceland, Italy, Japan, and Guatemala. In 2006 Professor Zywicki served as a Member of the United States Department of Justice Study Group on “Identifying Fraud, Abuse and Errors in the United States Bankruptcy System.”
Professor Zywicki is the author of more than 130 articles in leading law reviews and peer-reviewed economics journals. He is one of the Top 10 most-cited law professors in the field of Commercial Law and one of the Top 25 law professors on Twitter as measured by engagement levels. He is one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network. He has testified multiple times before Congress on issues of consumer bankruptcy law and consumer credit and is a frequent commentator on legal issues in the print and broadcast media, including the Wall Street Journal, New York Times, The Washington Post, The Washington Times, Nightline, The Newshour with Jim Lehrer, Neil Cavuto Show, Fox & Friends, Smerconish, Fox News @ Night with Shannon Bream, Fox Business, CNN, CNBC, Bloomberg News, BBC, The Diane Rehm Show, Lou Dobbs Show, Jerry Doyle Show, and The Laura Ingraham Show.
Professor Zywicki is former Chairman and a current member of the Board of Directors of the Competitive Enterprise Institute, and is a member of the Board of Directors of the Institute for Humane Studies, Bill of Rights Institute, the Executive Committee for the Federalist Society's Financial Institutions and E-Commerce Practice Group, the Board of Trustees of the Foundation for Research on Economics and the Environment. He formerly served on the Governing Board and the Advisory Council for the Financial Services Research Program at George Washington University School of Business. He is currently the Chair of the Academic Advisory Council for the following organizations: The Bill of Rights Institute, the film “We the People in IMAX,” and the McCormick-Tribune Foundation “Freedom Museum” in Chicago, Illinois. He is a member of the Board of Visitors of Ralston College and was a member of the Board of Trustees of Yorktown University. From 2005-2009 he served as an elected Alumni Trustee of the Dartmouth College Board of Trustees.
Partner, O’Melveny & Myers
Brian P. Brooks is the Managing Partner of Valor Capital Group. He has served as CEO of the Bitfury Group and CEO of digital asset exchange and marketplace Binance.US.
Mr. Brooks became Acting Comptroller of the Currency upon the resignation of the 31st Comptroller of the Currency Joseph M. Otting as a result of his designation as First Deputy Comptroller by Treasury Secretary Steven T. Mnuchin pursuant to his authority under 12 USC § 4.
As Acting Comptroller of the Currency, Mr. Brooks was the administrator of the federal banking system and chief officer of the Office of the Comptroller of the Currency (OCC). The OCC supervises nearly 1,200 national banks, federal savings associations, and federal branches and agencies of foreign banks that conduct approximately 70% of all banking business in the United States. The mission of the OCC is to ensure that national banks and federal savings associations operate in a safe and sound manner, provide fair access to financial services, treat customers fairly, and comply with applicable laws and regulations.
The Comptroller also serves as a director of the Federal Deposit Insurance Corporation and a member of the Financial Stability Oversight Council and the Federal Financial Institutions Examination Council.
Prior to becoming Acting Comptroller, Mr. Brooks served as Senior Deputy Comptroller and Chief Operating Officer. In this role, he oversaw OCC bank supervision, bank supervision policy, economics, supervisory system and analytical support, systemic risk identification support and specialty supervision, and innovation. He also served as a member of the OCC's Executive Committee and was the Chair of the Technology and Systems Subcommittee, since joining the agency in April 2020.
Prior to joining the OCC, Mr. Brooks served as Chief Legal Officer of Coinbase Global, Inc., where he headed the legal, compliance, audit, investigations, and government relations functions for the company, which served 20 million customers. He held this position since September 2018.
From 2014-2018, Mr. Brooks served as Executive Vice President, General Counsel, and Corporate Secretary of the $3.2 trillion Fannie Mae. Prior to joining Fannie Mae, he served as a Vice Chairman of OneWest Bank, N.A., from 2011 to 2014. Prior to joining OneWest, he served managing partner of the Washington, D.C. office of the global law firm O'Melveny & Myers LLP, where he also served as chair of the firm's financial services practice group. Prior to joining the OCC, Mr. Brooks also served on the Boards of Directors of Avant, Inc. and Fannie Mae, and also served as an advisor to a number of technology startups.
Mr. Brooks holds a bachelor’s degree from Harvard University in government and a law degree from the University of Chicago.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Counsel for White Collar Crime Policy, National Association of Criminal Defense Lawyers
Tiffany currently serves as Counsel for NACDL's White Collar Crime Policy. In this capacity she works directly with the Policy Director on a variety of advocacy and education initiatives, including drafting white papers on emerging areas of white collar criminal law, tracking and analyzing pending legislation and regulations, and assisting with symposia and seminars. Tiffany also assists the Director with all Coalition development and activities.
Founding Partner, Lodestar Law and Economics PLLC
Josh is the founder of Lodestar Law and Economics, PLLC. On January 1, 2013, the U.S. Senate unanimously confirmed Wright as a Commissioner of the Federal Trade Commission (FTC). He is a leading scholar in antitrust law, economics, intellectual property, regulation, and consumer protection, and has published more than 100 articles and book chapters, co-authored a leading antitrust casebook, and edited several book volumes focusing on these issues. Commentators have recognized Wright as “widely considered his generation’s greatest mind on antitrust law,” and his academic work ranks him as one of the most cited antitrust academics in the world. Wright was also awarded the Paul M. Bator Award by the Federalist Society in 2014 to “an academic who demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact.” Wright also served as the Executive Director of the Global Antitrust Institute, the world’s premiere academic institute focused upon antitrust education for judges and regulators and has taught hundreds of judges and thousands of regulators from dozens of countries.
Wright’s practice focuses upon helping clients solve complex competition, consumer protection, and regulatory problems by providing legal and economic analysis, strategic advice and counseling, and economic expert testimony.
Attorney and Legal Commentator
John Shu is an attorney and legal commentator. His focus areas include constitutional law, securities & corporate law, antitrust law, administrative law, politics, and international affairs. Mr. Shu has lectured and published on a wide variety of issues.
Mr. Shu served President George H.W. Bush and President George W. Bush. He also served Judge Stanley Sporkin, U.S. District Court for the District of Columbia, who was Director of Enforcement at the U.S. Securities & Exchange Commission and General Counsel at the Central Intelligence Agency, and Judge Paul Roney, U.S. Court of Appeals for the Eleventh Circuit, who was Presiding Judge of the Foreign Intelligence Surveillance Court of Review.
Mr. Shu is a member of the National Committee on U.S. - China Relations, the Pacific Council on International Policy, and the Foreign Policy Association.
Wayne A. Abernathy, Wild Bells
Wayne A. Abernathy is a former U.S. Treasury Assistant Secretary for Financial Institutions under President George W. Bush, receiving the Alexander Hamilton Award in recognition of his service. In that office he was also a member of the Board of Directors of the Securities Investor Protection Corporation. Prior to his work at the Treasury, Mr. Abernathy served as Staff Director of the Senate Banking Committee, under Chairman Phil Gramm.
Following his service at the Treasury, Mr. Abernathy worked for 15 years on the staff of the American Bankers Association, as Executive Vice President for Financial Institutions Policy and Regulatory Affairs.
Previous experience with the Senate Banking Committee includes serving as Staff Director of the Subcommittee on Securities during 1995-1998. From 1989 until 1994, Mr. Abernathy was a Republican economist for the committee. He previously worked as a senior legislative assistant for Senator Gramm during 1987-1989 and as an economist for the Banking Committee’s Subcommittee on International Finance and Monetary Policy during 1981-1986, under Chairman Jake Garn.
Mr. Abernathy earned his bachelor’s degree in International Studies from The Johns Hopkins University in 1978. In 1980, he received a master’s degree in International Studies from the School of Advanced International Studies of The Johns Hopkins University.
Financial Services: Will Consumers and the Economy Benefit from the Consumer Financial Protection Bureau?
2011 National Lawyers Convention
Washington, DCDid the Supreme Court Just Kill the Class Action?
Brian T. Fitzpatrick
Although it received lower billing than some of the Term’s other decisions, I suspect the...
Criminal Provisions in the Dodd-Frank Wall Street Reform & Consumer Protection Act
Tiffany M. Joslyn
Brought to you by the Criminal Law & Procedure Practice Group The Federalist Society takes no position...
Preventing the Next Financial Crisis: Is the Dodd-Frank Consumer Financial Protection Bureau Wise (or Constitutional)?
Boston Lawyers Chapter
Boston, MAExpanding FTC’s Rulemaking and Enforcement Authority
Joshua D. Wright
Brought to you by the Corporations, Securities, and Antitrust Practice GroupThe Federalist Society takes no...
Financial Reform – The Senate Version
John Shu
Brought to you by the Financial Services & E-Commerce Practice GroupThe Federalist Society takes no position...
Arizona AG Supports Federal Consumer Financial Protection Agency
Jeff Hall
On October 14, Arizona Attorney General Terry Goddard (D) voiced his strong support for President...
The Financial Reform Plan: What It Means for Insurance Companies
Laura M. Kotelman
On June 17, 2009, the U.S. Treasury Department released the Obama Administration’s framework for financial...
The Obama Administration’s Proposed New Consumer Regulator (CFPA)
Wayne A. Abernathy
Brought to you by the Financial Services & E-Commerce Practice Group The Obama Administration has proposed creation...