Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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Supreme Court agrees to take on recess appointment controversy

On June 24, 2013, the U.S. Supreme Court agreed to review the D.C. Circuit’s decision in Noel Canning v. NLRB invalidating President Obama’s January 4, 2012 appointment of three NLRB members....more

6/25/2013 - Canning v NLRB Certiorari CFPB NLRB Recess Appointments Richard Cordray SCOTUS

U.S. Supreme Court likely to rule on cert petition in NLRB v. Noel Canning at June 20 Conference

We have been following very closely developments in NLRB v. Noel Canning, the case seeking Supreme Court review of the D.C. Circuit Court’s judgment invalidating President Obama’s January 4, 2012 appointment of several NLRB...more

6/3/2013 - Barack Obama Canning v NLRB CFPB NLRB Recess Appointments SCOTUS

Second Ruling against NLRB Recess Appointments Raises More Questions for CFPB

A second circuit court ruling invalidating one of President Obama’s recess appointments to the National Labor Relations Board could provide additional ammunition to anyone inclined to challenge the validity of his choice to...more

5/24/2013 - Canning v NLRB CFPB NLRB Recess Appointments

NLRB passes on rehearing in Canning and will file certiorari petition

The National Labor Relations Board announced that it has decided not to seek a rehearing of the D.C. Circuit’s January 2013 decision in Canning v. NLRB. Instead, the NLRB, in consultation with the Department of Justice, plans...more

3/13/2013 - Canning v NLRB DOJ NLRB Recess Appointments SCOTUS

New CFPB Deputy Director about to be appointed

The word on the street is that tomorrow Richard Cordray will appoint a new Deputy Director to replace Raj Date who has been serving in that capacity since Jan. 6 of 2012....more

1/30/2013 - Administrative Appointments Barack Obama Canning v NLRB CFPB NLRB Pro Forma Sessions Recess Appointments Richard Cordray

D.C. Circuit NLRB Decision Casts Doubt on Validity of Cordray Appointment

The validity of President Obama’s January 2012 recess appointment of Richard Cordray as Director of the Consumer Financial Protection Bureau is now under a dark cloud as a result of the decision by the U.S. Court of Appeals...more

1/29/2013 - Barack Obama Canning v NLRB CFPB NLRB Political Appointments Pro Forma Sessions Recess Appointments Richard Cordray

Keeping a stiff upper lip is no answer here!

While the CFPB has not yet issued a formal written statement about the impact of the D.C. Circuit’s recent opinion in Canning v. NLRB on the Bureau, the Wall Street Journal reported in its weekend edition that a CFPB...more

1/29/2013 - Barack Obama Canning v NLRB CFPB NLRB Political Appointments Pro Forma Sessions Recess Appointments Richard Cordray

D.C. Court of Appeals may soon invalidate President Obama’s NLRB recess appointments: implications for CFPB

Earlier today, we reported on the panel discussion of the lawsuit filed by State National Bank of Big Spring that took place at the ABA Committee on Consumer Financial Services in Naples, Florida during a session entitled...more

1/10/2013 - Barack Obama Canning v NLRB CFPB NLRB Political Appointments Pro Forma Sessions Recess Appointments Richard Cordray

CFPB gets preliminary injunction in mortgage relief assistance case

On November 16, a federal district judge in California entered a preliminary injunction in favor of the CFPB in the action it filed this past July against a law firm that offered mortgage assistance relief services to...more

11/21/2012 - Barack Obama Canning v NLRB CFPB Mortgages NLRB Preliminary Injunctions Recess Appointments Richard Cordray

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