Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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Letter from leading Republicans to Director Cordray questions pre-confirmation actions

Following up on his earlier statement about the impact of the Supreme Court’s decision in NLRB v. Noel Canning on Richard Cordray’s actions taken prior to his July 16, 2013 confirmation by the Senate as CFPB Director,...more

7/31/2014 - Canning v NLRB Dodd-Frank NLRB Recess Appointments Richard Cordray SCOTUS Title X

Briefing on cert petition completed in Noel Canning; case slated for Justices’ June 20 conference

The briefing on the NLRB’s petition for certiorari in Noel Canning was completed yesterday, with the filing by the NLRB of a brief replying to the respondent’s brief filed on May 23. ...more

6/7/2013 - Canning v NLRB Certiorari NLRB Pro Forma Sessions Recess Appointments SCOTUS

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

Respondent files brief urging Supreme Court to grant certiorari in NLRB v. Noel Canning

We recently reported that counsel for the respondent in NLRB v. Noel Canning planned to make a filing advising the U.S. Supreme Court that the respondent did not oppose the NLRB’s petition for certiorari....more

5/29/2013 - Canning v NLRB Certiorari NLRB Recess Appointments SCOTUS

NEWS FLASH: Third Circuit agrees with D.C. Circuit reading of Recess Appointments Clause

The dark cloud that has been hanging over CFPB Director Richard Cordray’s recess appointment just got darker. In a 2-1 decision in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit...more

5/17/2013 - Canning v NLRB CFPB NLRB Recess Appointments Richard Cordray

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

Congressman questions implications of Canning for CFPB funding

Much attention has been devoted to what the D.C. Circuit’s Canning decision could mean for the CFPB’s rulemaking, supervisory and enforcement authority. Now, a Congressman is questioning the decision’s implications for the...more

3/14/2013 - Canning v NLRB CFPB Federal Funding Federal Reserve Richard Cordray

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

Mortgage Banking Update - Febuary 06, 2013

In This Issue: - Settlement of Michigan Lending Discrimination Lawsuit Underscores Regulatory Focus on Equal Access to Credit - Industry Employers Should Prepare Now for Health Care Reform - Title...more

2/6/2013 - Affordable Care Act Agents Canning v NLRB CFPB Community State Bank Discrimination DOJ ECOA Employer Group Health Plans Equal Access to Credit FFIEC Healthcare Insurance Agents Negligence NLRB Pay or Play Race Discrimination Recess Appointments Richard Cordray Social Media Title Examination Title Insurance Underwriting

Let the political posturing begin!

Predictably, political posturing in reaction to the D.C. Circuit’s Canning decision has already begun. According to media reports, South Dakota Senator Tim Johnson, a Democrat who heads the Senate Banking Committee, is...more

2/1/2013 - Canning v NLRB CFPA CFPB Dodd-Frank Political Appointments Recess Appointments Richard Cordray

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

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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