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LOAN SYNDICATIONS & TRADING ASSOCIATION v. S.E.C.

No. 17-5004.

882 F.3d 220 (2018)

The LOAN SYNDICATIONS AND TRADING ASSOCIATION, Appellant v. SECURITIES AND EXCHANGE COMMISSION and Board of Governors of the Federal Reserve System, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 9, 2018.

Attorney(s) appearing for the Case

Richard D. Klingler , Washington, DC, argued the cause for LSTA. With him on the briefs were Peter D. Keisler , Jennifer J. Clark , and Daniel J. Feith , Washington, DC.

Joshua P. Chadwick , Senior Counsel, Board of Governors of the Federal Reserve System, argued the cause for appellees. With him on the brief were Katherine H. Wheatley , Associate General Counsel, Michael A. Conley , Solicitor, Securities and Exchange Commission, and Sarah Ribstein Prins , Senior Counsel.

Carl J. Nichols , Kate Comerford Todd , and Steven P. Lehotsky , Washington, DC, were on the brief for amicus curiae The Chamber of Commerce of the United States of America in support of LSTA.

Before: Kavanaugh, Circuit Judge, and Williams and Ginsburg, Senior Circuit Judges.

In the wake of the 2007-2008 financial crisis, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203, 124 Stat. 1376 (2010), including provisions aimed at redressing the "complexity and opacity" of securitizations that it saw as preventing investors from adequately assessing...

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