Arnold & Porter Kaye Scholer Again Wins for the Federal Housing Finance Agency

Arnold & Porter Kaye Scholer recently obtained a significant appellate victory with the US Court of Appeals for the DC Circuit holding that Fannie Mae, even in federal conservatorship, remains a non-government actor for constitutional purposes. This is significant in part because many other courts have already cited the federal district court decision obtained in 2012, and now affirmed in 2017 as the leading case on a number of recurring due process, Bivens and "government-actor" issues.

The Firm has been representing the Federal Housing Finance Agency (FHFA), as the US Government conservator of Fannie Mae and Freddie Mac, concerning the secondary mortgage market since September 2008.

The Arnold & Porter Kaye Scholer Litigation team included Michael Johnson, who argued the appeal, as well as Howard Cayne, Asim Varma, Dirk Phillips, and Omomah Abebe.