Topic
Federal Preemption
217 published works
Harris Beach Murtha News
Firm Attorneys Appear in DRI’s For the Defense Magazine
Three members of the firm’s Medical and Life Sciences Practice Group recently wrote a column examining the scope of OTC preemption and a shift toward defense-favorable decisions that was published…
Bracewell LLP
Supreme Court Climate Change Case Tests Limits of Federal Preemption
By Bracewell
The Supreme Court’s decision to hear a climate liability case brought by local governments against energy companies is focusing renewed attention on whether federal law preempts state-law claims related to…
Ryan P. Smith Law Blog
Federal Preemption
I recently had the opportunity to assist the Alternative & Direct Investment Securities Association (ADISA) with a comment letter to the Securities and Exchange Commission concerning the SEC’s proposed reforms…
Consumer Finance Monitor
Kraninger Calls for Passage of Legislation Clarifying Section 525 of DIDMCA
By Alan S. Kaplinsky, Burt M. Rublin
Proposed legislation that would clarify the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA) is important to the health of the dual banking system, Kathleen Kraninger, President and…
Consumer Finance Monitor
Today’s Podcast Episode: Cantero II: Circuit Split and OCC Preemption Determination Set Up Likely Supreme Court Review
First and Ninth Circuit decisions conflict with the Second Circuit, while the OCC has concluded that state escrow-interest laws are preempted National bank preemption is headed toward another Supreme Court…
Eye on Enforcement
“Event”ful Proceedings — Kalshi’s 6th Circuit Battle Is the Latest Chapter in Regulatory War with States
By Scott F. Mascianica, Sydney Noordsy Hall
Prediction market platforms continue to battle state regulators over prediction contracts tied to the outcome of sporting events. A recent 6th Circuit appeal by KalshiEX LLC reflects this trend and…
Consumer Finance Monitor
Ten States Take on the OCC Over National Bank Preemption of State Escrow-Interest Laws
The battle over the scope of the Office of the Comptroller of the Currency’s authority to preempt state consumer financial laws has entered a new phase. On August 11, 2026,…
International Trade Insights
Recent Post Montgomery Rulings Distinguish Cargo Theft from Roadway Safety, Preempting Claims Against Brokers
Since the May 2026 Supreme Court decision in Montgomery v. Caribe Transport II, LLC, four federal district courts have taken up the question of whether its safety exception applies to…
Consumer Finance Monitor
FDIC Files Amicus Brief Supporting Preliminary Injunction Against Oregon’s DIDMCA Opt-Out Law
By Alan S. Kaplinsky, Burt M. Rublin
The Federal Deposit Insurance Corporation (“FDIC”) filed an amicus brief supporting the motion for a preliminary injunction filed by the National Association of Industrial Bankers (“NAIB”), the Online Lenders Alliance…
Government Enforcement, Compliance & Investigations Report
CFTC Stays Kalshi Emergency Rule, Directs Exchange to Honor Trades in Unprecedented Exercise of Federal Authority
In a rare exercise of federal emergency authority, on July 14, 2026, the Commodity Futures Trading Commission (CFTC) did two things that, individually, would each be unusual and together are…