Boyden Gray PLLC is a leader in the emerging field of Environmental, Social, and Governance (ESG) policy, providing strategic advice and representing a wide variety of clients in litigation and regulatory proceedings.  Recent matters including challenges to unlawful government action imposing corporate board diversity quotas, “climate risk” disclosure mandates, and policies designed to reduce access to capital for disfavored energy industries.

Additionally, the firm brought the first challenge to the constitutionality of the Consumer Financial Protection Bureau, a precursor to the Supreme Court’s decision in Selia Law LLC v. Consumer Financial Protection Bureau.

Litigation:

• Boyden Gray PLLC Presents Argument on SEC Endorsement of Nasdaq Board Diversity Quotas
• Boyden Gray PLLC Files Opening Brief Challenging the SEC’s Approval of Nasdaq Board Diversity Rules on Behalf of Alliance for Fair Board Recruitment
• Opening Brief in Alliance for Fair Board Recruitment, et al. v. Securities and Exchange Commission, No. 21-60626 in the United States Court of Appeals for the Fifth Circuit (Nov. 22, 2021)
• Petition for Writ of Certiorari, State National Bank of Big Spring v. Mnuchin, No. 18-307 (S. Ct. Sept. 6, 2018)
• Brief of Amicus Curiae State National Bank of Big Spring et al., PHH Corp. v. CFPB, No. 15-1177 (D.C. Cir. Mar. 10, 2017)
• Motion for Summary Judgment, State National Bank of Big Spring v. Lew, No. 12-1032 (D.D.C. Nov. 6, 2015)
• Brief of Private Plaintiffs-Appellants, State National Bank of Big Spring v. Lew, Nos. 13-5247, 13-5248 (D.C. Cir. Feb. 11, 2014)
• Brief of Amici Curiae State National Bank of Big Spring et al., Noel Canning v. NLRB No. 12-1281 (S. Ct. Nov. 25, 2013)
• Complaint, State National Bank of Big Spring v. Wolin, No. 12-1032 (D.D.C. Feb. 19, 2013)

Regulatory Comments:

• Boyden Gray PLLC Files Comment on SEC’s Proposed Climate Disclosure Rulemaking
• Comments Submitted on Behalf of Alliance for Fair Board Recruitment Concerning the Nasdaq Stock Market LLC; Notice of Filing of Proposed Rule Change to Adopt Listing Rules Related to Board Diversity, No. SR-NASDAQ-2020-081 (April 6, 2021)
• Comments on Behalf of Project on Fair Representation Concerning the Nasdaq Proposed Rule Related to Board Diversity, File No. SR-NASDAQ-2020-081

Commentary:

• American Conservative quotes Jonathan Berry on ESG in State Pension Funds, Apr. 15, 2022
• American Conservative quotes Boyden Gray PLLC on Banks’ Energy Boycott, Apr. 4, 2022
• GRAY & KAZMAN: Supreme Court Should Do What Congress Won’t: Rein in the Bureau of Consumer Financial Protection, The Hill, Dec. 20, 2018
• GUSTAFSON & CONDE: Congress Rebukes CFPB’s Bureaucratic Overreach, Washington Examiner, June 14, 2018
• GRAY: Extra Icing on an Unconstitutional Cake Already Frosted? A Constitutional Recipe for the CFPB, Geo. Mason Law Rev. (2017)
• GRAY: Reining in a Rogue Bureau, A Law Unto Itself Faces the Constitution, Washington Times, Apr. 12, 2016
• GRAY: The Administrative State v. The Constitution: Dodd-Frank at Five Years, Hearing Before the Subcomm. on the Constitution of the S. Comm. on the Judiciary (2015)
• GRAY: Obama’s ‘Pen and Phone’ vs. Constitution’s Checks and Balances, Washington Times, Jan. 28, 2014
• GRAY: Congress Needs to Step Up Oversight in 2014, Washington Times, Dec. 24, 2013
• GRAY: Examining Constitutional Deficiencies and Legal Uncertainties in the Dodd-Frank Act, Hearing Before the H. Comm. on Financial Services (2013)
• GRAY & WHITE: The Biggest Kiss, Weekly Standard, Oct. 29, 2012
• GRAY: Why Dodd-Frank Is Unconstitutional, Wall St. J., June 21, 2012
• GRAY: Uncharted Territory: What are the Consequences of President Obama’s Unprecedented ‘Recess’ Appointments?, Hearing Before the H. Comm. on Oversight and Government Reform (2012)
• GRAY & SHU: The Dodd-Frank Wall Street Reform & Consumer Protection Act of 2010: Is It Constitutional?, Engage (2010)