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February 05, 2021

Eleanor Eagan

Blog Post Independent Agencies

The State of Independent Agency Nominations - Update for February 2021

It has been just over two weeks since President Joe Biden assumed the presidency. So far, six of his Cabinet picks have received Senate confirmation while the remaining 17 who will require it wend their way through the process. In the meantime, the administration continues to announce names for the nearly 4000 other positions it will need to fill. With only one exception, however, picks for one class of appointment — to independent agency boards — have not yet been forthcoming. The Biden administration undoubtedly faces many competing priorities but these nominations must rise to the top.

February 04, 2021

Sion Bell Miranda Litwak

Blog Post 2020 Election/TransitionFinancial Regulation

Biden's Newest Treasury Tax Appointees Delight and Disappoint

Some mixed news for progressive tax enthusiasts: Joe Biden’s administration has chosen both a committed progressive tax advocate and a Republican career expert in corporate tax avoidance for its first two appointees to the Treasury’s Office of Tax Policy. We’re now in a strange situation where experts who testified on opposite sides of the 2017 Tax Cuts and Jobs Act will now serve shoulder-to-shoulder.

February 03, 2021

Elias Alsbergas Miranda Litwak

Blog Post 2020 Election/Transition

The Revolving Door’s Power Couple: Heidi Crebo-Rediker And Doug Rediker

Heidi Crebo-Rediker has been publicly floated as a potential pick to serve as a high-level Treasury Department official. DC’s self-dealing politico culture means her husband, Doug Rediker, is also in the mix for a Biden administration job. This news is deeply concerning, given the couple’s shared history cashing in on their insider government ties as the founders of geopolitical investment advisory firm, International Capital Strategies. Heidi and Doug’s history of revolving between Wall Street and government should give any neutral observer pause.

January 26, 2021

Dorothy Slater Zena Wolf

Blog Post 2020 Election/TransitionClimate and EnvironmentFinancial RegulationIndependent Agencies

Why The Next CFTC Chairperson Must Prioritize Climate Action Over Market Fads

Initially created to regulate futures derivatives on crops that had yet to be harvested, the Commodity Futures Trading Commission (CFTC) holds newfound possibility in the coming decade. It is absolutely crucial that a modern-day CFTC taps into the power it already holds to lead on climate action. Naturally, this necessitates a leader with a proven record of taking on corporate power. Any appointee should be prepared to advocate for the public interest, acknowledge the current reality of climate decay we find ourselves in, and creatively apply tools of the government to take immediate action.

January 22, 2021

Miranda Litwak Andrea Beaty

Blog Post Anti-MonopolyBigLaw

Right-Wing “Holding Pen” Firm May Snag Antitrust Division If Susan Davies Is Appointed

In a disappointing continuation from the Trump Administration, Politico reported last week that a Kirkland & Ellis lawyer is in contention to help lead the Department of Justice, raising serious concerns among anti-monopoly advocates. According to the article, Susan Davies, a litigation partner at Kirkland, might be the next assistant attorney general for antitrust.

January 22, 2021

Andrea Beaty Miranda Litwak

Blog Post 2020 Election/TransitionAnti-MonopolyTech

Big Tech’s Top Picks to Lead DOJ Antitrust Division

Big Tech has a huge stake in who Biden ultimately staffs his antitrust and tech regulators. These individuals will decide how aggressively to carry out Biden’s promises of reining in the political and market power of these companies. If Big Tech gets its way, Biden will staff his antitrust teams with its attorneys and allies, who have pushed back against calls to break up these monopolies and protected them against regulation and enforcement. But if Biden wants to keep his campaign promises to take on monopolies, he must shut the revolving door between the federal government and Big Tech. That starts by rejecting for top jobs the following Big Tech allies.

January 22, 2021

Zena Wolf

Blog Post 2020 Election/TransitionFinancial Regulation

Potential Comptroller of the Currency Mehrsa Baradaran’s Background

Baradaran seems committed to challenging the status quo of our financial system that sidelines poor and marginalized communities. The OCC has long been part of a banking system that reinforces racial injustice rather than addresses it — and that remained largely true even after Dodd-Frank was passed and implemented by Obama’s regulatory team. Voices like Baradaran’s are valuable in reconsidering financial regulation and helping raise the bar for who is and who is not an adequately zealous regulator.

January 21, 2021

Timi Iwayemi

Blog Post 2020 Election/TransitionFintechTech

Michael Barr's Past And Present Raise Deep Concerns If Appointed

If appointed to Biden’s OCC, Barr will confront one major new question for the primary federal regulator of banks: how to handle the emergent “fintech” industry of lending and payments apps. Disturbingly, Barr’s history advising and investing in the fintech industry suggests an approach similar to Trump’s own fintech-friendly stooge, former acting Comptroller Brian Brooks.