Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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CFPB’s constitutionality again before D.C. Circuit in Morgan Drexen appeal

The CFPB’s constitutionality is again before the D.C. Circuit, with the D.C Circuit now being asked to consider the impact of the U.S. Supreme Court’s decision in NLRB v. Canning on actions taken by the CFPB while Director...more

11/7/2014 - Canning v NLRB CFPB Recess Appointments SCOTUS

Hensarling and CFPB disagree on impact of Supreme Court’s Canning decision

It should be no surprise that the CFPB and Republican Congressman Jeb Hensarling, who chairs the House Financial Services Committee, have different perspectives on the U.S. Supreme Court’s ruling last week that President...more

6/30/2014 - Barack Obama Canning v NLRB NLRB Recess Appointments SCOTUS

U.S. Supreme Court decides recess appointments case

The U.S. Supreme Court yesterday issued a decision in NLRB v. Noel Canning in which it held that President Obama’s January 2012 recess appointments to the National Labor Relations Board were invalid. ...more

6/27/2014 - Barack Obama Canning v NLRB NLRB Recess Appointments SCOTUS

New book chronicles creation of CFPB

Since today is the “day after” Richard Cordray’s confirmation as CFPB Director, it is perhaps fitting for me to be writing about a book that provides some history of the CFPB....more

7/17/2013 - Books CFPB Harry Reid Recess Appointments Richard Cordray

Senate appears poised to confirm Richard Cordray as Director of the CFPB

I heard from many media sources that a “deal” has been struck in the Senate which will result in Richard Cordray being confirmed by the Senate as Director of the CFPB for a 5-year term....more

7/16/2013 - CFPB Filibuster Harry Reid Political Appointments Recess Appointments Richard Cordray

Senate votes in favor of cloture for confirmation of Richard Cordray as Director of the CFPB

The Senate voted 71-29 in favor of cloture. That means that the Republicans will not use the threat of the filibuster to block a confirmation vote in the Senate of Richard Cordray’s nomination by President Obama to be...more

7/16/2013 - Barack Obama CFPB Filibuster Nominations Political Appointments Recess Appointments Richard Cordray

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

Update on CA case challenging Mr. Cordray’s appointment

We have been following the case filed this past summer by the CFPB in a California federal court against an attorney and his law firm that offered mortgage assistance relief services to consumers. In CFPB v. Chance Edward...more

2/15/2013 - Affirmative Defenses Canning v NLRB CFPB CFPB v Chance Edward Gordan Court-Appointed Receivers Preliminary Injunctions Recess Appointments Richard Cordray Summary Judgment

No takers for CFPB Deputy Director

It is not surprising to me that Director (yes, he is still the Director until a court rules otherwise) Cordray has had difficulty finding a Deputy Director to fill Raj Date’s position....more

2/4/2013 - Canning v NLRB CFPB Political Appointments Pro Forma Sessions Recess Appointments Richard Cordray

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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