2016 Program
The Fisher Memorial Program was held on April 8, 2016 at the Spring Meeting of the ABA Business Law Section in Montreal, Quebec, Canada.
The topic was “Is Fair Lending Fair for All?”
The program covered the following topics and related questions. The U.S. Supreme Court narrowly approved the disparate impact theory under the FHA in its Inclusive Communities decision, but attached some significant limitations. The Court did not address the disparate impact theory under the ECOA, which has been asserted against non-mortgage lenders using controversial proxy evidence in lieu of HMDA data that mortgage lenders are required to collect on borrowers. What does this mean for future fair lending enforcement actions and litigation? Does the disparate impact theory properly address discrimination?
The moderator was John L. Ropiequet, Counsel, Arnstein & Lehr LLP, Chicago, IL
The panelists were:
- Dr. Marsha J. Courchane, Vice President and Practice Leader, Charles River Associates, Inc., Washington, DC
- Karla Gilbride, Staff Attorney, Public Justice, P.C., Washington, DC
- L. Jean Noonan, Partner, Hudson Cook LLP, Washington, DC
The Fisher Memorial Program 2016 Is Fair Lending Fair for All?
