Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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Reid moves to end debate on Cordray nomination

Politico has reported that Democratic Senator Harry Reid has officially moved for cloture on Richard Cordray’s nomination as CFPB Director as well as on several other nominations made by President Obama....more

7/12/2013 - Barack Obama CFPB Harry Reid Nominations Richard Cordray

Update on cases challenging Cordray appointment

We have been following two federal court cases that involve challenges to Director Cordray’s appointment. The California case, CFPB v. Chance Edward Gordon, was filed in summer 2012 by the CFPB against an attorney and his law...more

5/30/2013 - Barack Obama Canning v NLRB CFPB Dodd-Frank Receivership Recess Appointments Richard Cordray

Republican Senators file amicus brief supporting certiorari in NLRB v. Noel Canning

Senate Republican Leader Mitch McConnell and his 44 Senate Republican colleagues have filed an amicus brief urging the U.S. Supreme Court to grant certiorari in NLRB v. Noel Canning....more

5/30/2013 - Barack Obama Canning v NLRB Certiorari Mitch McConnell NLRB Recess Appointments SCOTUS

Congressional Research Service issues two reports on Canning decision

The D.C. Circuit’s January 2013 decision in Noel Canning v. NLRB is the subject of two recently-issued reports by the Congressional Research Service. The decision held that President Obama’s recess appointments of three...more

4/10/2013 - Barack Obama Canning v NLRB CFPB NLRB Recess Appointments Richard Cordray

Third Circuit hears oral argument in another NLRB case challenging recess appointments

“Can we duck the [recess appointments] issue?” That question was asked yesterday by one of the members of the three-judge panel hearing oral argument on the National Labor Relation Board’s application to enforce its order in...more

3/20/2013 - Barack Obama Canning v NLRB NLRB NLRB v New Vista Nursing Pro Forma Sessions Recess Appointments

Full U.S. Supreme Court rejects application challenging NLRB recess appointments

On Tuesday, we reported that attorneys for a Connecticut nursing home company were attempting to have an emergency application challenging the constitutionality of President Obama’s recess appointments to the National Labor...more

2/7/2013 - Barack Obama Canning v NLRB CFPB HealthBridge Management v. Kreisberg NLRB Nursing Homes Political Appointments Recess Appointments SCOTUS

Application to U.S. Supreme Court challenging NLRB recess appointments rejected by Justice Ginsburg; referral to Justice Scalia...

Attorneys for a Connecticut nursing home company are attempting to have an application challenging the constitutionality of President Obama’s recess appointments to the National Labor Relations Board referred to Justice...more

2/5/2013 - Barack Obama HealthBridge Management v. Kreisberg Injunctions NLRB Nursing Homes Pro Forma Sessions Recess Appointments Reinstatement Strike

Seventh Circuit dismisses NLRB recess appointment challenge

Because of their potential implications for the validity of CFPB Director Cordray’s appointment, we have been following several pending cases challenging the National Labor Relations Board’s authority to take various actions...more

1/2/2013 - Barack Obama Canning v NLRB CFPB NLRB Recess Appointments Richard Cordray Standing

President signs ATM fee sticker bill and CFPB privilege waiver bill

On December 20, 2012, President Obama signed into law (1) the bill amending the Electronic Fund Transfer Act (H.R. 4367) to eliminate the ATM fee sticker requirement, and (2) the bill amending the Federal Deposit Insurance...more

12/26/2012 - ATMs Attorney-Client Privilege Barack Obama CFPB EFTA Federal Deposit Insurance Act

Oral argument held in case challenging NLRB recess appointments

Yesterday, the U.S. Court of Appeals for the D.C. Circuit heard oral arguments in Noel Canning v. National Labor Relations Board. The outcome in the case could have implications for the validity of CFPB Director Cordray’s...more

12/6/2012 - Barack Obama Canning v NLRB CFPB NLRB Recess Appointments Richard Cordray

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