Administrative Law, Constitutional Law, Finance & Banking

Konczal: Dodd-Frank Reforms Get Roughed Up in Court [Video]

by Bloomberg Law on 4/11/2013

April 11 (Bloomberg Law) -- Mike Konczal, fellow at the Roosevelt Institute and contributor to Bloomberg View, talks with Bloomberg Law's Lee Pacchia about how the implementation of the financial reform laws in Dodd-Frank...more

California County Drops Consideration Of Eminent Domain Proposal

by BuckleySandler LLP on 2/4/2013

On January 24, a Joint Powers Authority established by San Bernardino County decided not to pursue a proposal under which the County would use eminent domain power to seize underwater mortgages from private trusts and provide...more

CFPB Powers Could Be Invalidated Following Ruling on NLRB Recess Appointments

by Timothy S. Crisp, Ryan Parsons | Foley & Lardner LLP on 1/29/2013

On January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit ruled that President Obama’s purported “recess appointments” to the NLRB last year are constitutionally invalid....more

More Reports on San Bernardino's Decision to Abandon Underwater Mortgage Eminent Domain Plan

by Rick Rayl | Nossaman LLP on 1/28/2013

Given how much publicity the proposal to condemn underwater mortgages received when it first appeared last summer, I suppose it's not surprising that San Bernardino's decision last week not to move forward has also garnered a...more

San Bernardino Not Moving Forward with Proposed Plan to Condemn Underwater Mortgages

by Rick Rayl | Nossaman LLP on 1/25/2013

For the better part of a year, we've been writing about the controversial proposal to use the power of eminent domain to condemn underwater mortgages, allowing homeowners to have a new loan that better reflects the underlying...more

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

by Alan S. Kaplinsky | Ballard Spahr LLP on 1/10/2013

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

Are the CFPB and Richard Cordray’s appointment Constitutional?

by Emily Miller | Ballard Spahr LLP on 1/10/2013

The programming at the ABA Consumer Financial Services Committee meeting included an excellent panel discussion addressing whether the creation of the CFPB and the appointment of Director Richard Cordray were Constitutional....more

Can CalPERS Be Sued In Federal Court Or Perhaps Even New York State Court?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 12/4/2012

The California Public Employees’ Retirement System began lending securities in the early 1980s. Since the early 1990s, CalPERS has used the Master Securities Loan Agreement (MSLA) originally developed by the former Bond...more

DOJ files amicus brief supporting plaintiff in Eighth Circuit standing case

by Christopher J. Willis | Ballard Spahr LLP on 12/1/2012

Earlier this week, we wrote about Charvat v. First National Bank of Wahoo, a case pending before the Eighth Circuit that raises the question whether a plaintiff has Article III standing to sue for an alleged statutory...more

CFPB moves to dismiss case challenging Director Cordray’s recess appointment

by Alan S. Kaplinsky | Ballard Spahr LLP on 11/28/2012

The CFPB has filed a motion to dismiss in State National Bank of Big Spring, Texas, et al. v. Geithner, et al., the case currently pending in federal district court in Washington, D.C. that includes a challenge to President...more

Measure Creates New Borrowing Authority for Additional Economic Development Funding

by Bradley Arant Boult Cummings LLP on 11/8/2012

By a resounding 69% affirmative vote, Alabamians approved a measure that amends an existing Alabama Constitutional Amendment to allow the State to issue general obligation bonds to finance economic development incentives. ...more

A Misleading Article in the Wall Street Journal (Weekend Investor) Suggesting that Social Security is a Funded Pension Plan.

by Charles E. Rounds, Jr. on 11/1/2012

Two U.S. Supreme Court cases long ago confirmed that Social Security is an unfunded federal welfare program. One writer at the Wall Street Journal has apparently yet to get the message. ...more

State Treasurer and Chairman of the Massachusetts State Lottery Commission Letter to Sen. Reid & Sen Kyl Objecting to Draft...

by Ian Imrich on 10/31/2012

Below is a complete text-version of the attached -- Mass. Treasurer Steven Grossman's Letter to Sen. Reid and Sen. Kyl objecting to the Draft iGaming Prohibition Bill expected to be dropped during the Lame Duck session of...more

U.S. Chamber of Commerce Sues SEC to Overturn Controversial Dodd-Frank Resource Extraction Rule

by Foley Hoag LLP on 10/18/2012

On October 10, 2012, the U.S. Chamber of Commerce and three industry groups filed suit against the Securities and Exchange Commission in federal court in Washington, D.C., seeking to overturn the recently-promulgated SEC rule...more

State AGs Challenge Legality of New Dodd-Frank Regulatory Group

by Jeff Ifrah on 10/8/2012

Three states have joined a lawsuit to challenge the constitutionality of the Financial Stability Oversight Council (FSOC), a Dodd-Frank-created regulatory body headed by the Treasury secretary. The panel, composed of top...more

The Fight Over the Use of Eminent Domain to Seize Underwater Mortgages: Recent Updates

by Dechert LLP on 10/3/2012

The latest developments in the fight over the use of eminent domain to seize underwater mortgages in California and elsewhere have important implications for lenders nationwide. The debate over the use of eminent domain...more

Three State AGs Join Challenge to Dodd-Frank Act and CFPB Appointment

by BuckleySandler LLP on 10/1/2012

On September 20, the Attorneys General (AGs) of Michigan, Oklahoma, and South Carolina joined an earlier-filed lawsuit in the U.S. District Court for the District of Columbia that challenges aspects of the Dodd-Frank Act,...more

State AGs join lawsuit challenging constitutionality of CFPB

by Ballard Spahr LLP on 9/25/2012

Republican state Attorneys General from Oklahoma, South Carolina and Michigan have now joined the lawsuit that was filed this past June in federal court in Washington, D.C. challenging the constitutionality of Dodd-Frank....more

FHFA Seeks Comment on Potential Response to Use of Eminent Domain to Restructure Loans

by BuckleySandler LLP on 8/14/2012

On August 8, the FHFA released a notice commenting on the potential use of eminent domain by localities to restructure mortgages for borrowers who are current but “underwater.” Several localities have stated publicly that...more

Bank Group Seeks Depublication Of Bank Libel Opinion

by Allen Matkins Leck Gamble Mallory & Natsis... on 8/1/2012

In this post, I wrote about a recent decision by the First District Court of Appeal declaring Financial Code Section 1327 unconstitutional on its face. Summit Bank v. Rogers, 2012 Cal. App. LEXIS 633 (May 29, 2012). That...more

California Authorities Consider Seizing Mortgages Secured by Residential Properties

by Dechert LLP on 7/24/2012

It’s no secret that California has been hit harder than most states by the housing crisis. Just east of Los Angeles, the county of San Bernardino has cities with some of the highest foreclosure rates in the U.S. On July...more

Why 2012 Is a Great Year to Make a Philanthropic Gift

by Manatt, Phelps & Phillips, LLP on 7/24/2012

Overview On June 28, 2012, the Supreme Court ruled that the Affordable Care Act (ACA) is constitutional. In so ruling, the Supreme Court confirmed that Congress has the power to require healthcare coverage for 30...more

California County Considers Using Eminent Domain to Seize Underwater Mortgages

by Dechert LLP on 7/18/2012

Local authorities from San Bernardino County in California and two of its cities have recently joined together to create a Joint Powers Authority (JPA) with the purpose of seizing and restructuring certain mortgages to help...more

CFTC Proposes Guidance on the Cross-Border Impact of Dodd-Frank’s Swap Regulations

by Skadden, Arps, Slate, Meagher & Flom LLP on 7/16/2012

For nearly two years, swap market participants have wanted to know how the Commodity Futures Trading Commission (CFTC) would interpret the extraterritorial reach of the Dodd-Frank Wall Street Reform and Consumer Protection...more

Will Proposed Amendment 4 to the Florida Constitution (On the November 2012 Ballot) Boost Florida's Economy? Independent Analysis...

by Rosa Eckstein Schechter on 7/16/2012

In November 2012, Florida will decide whether or not to amend the state constitution with proposed Amendment 4. As for what that might mean to individual Floridians as well as Florida business interests and those developing...more

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Administrative Law › Constitutional Law › Finance & Banking

Konczal: Dodd-Frank Reforms Get Roughed Up in Court [Video]

California County Drops Consideration Of Eminent Domain Proposal

CFPB Powers Could Be Invalidated Following Ruling on NLRB Recess Appointments

More Reports on San Bernardino's Decision to Abandon Underwater Mortgage Eminent Domain Plan

San Bernardino Not Moving Forward with Proposed Plan to Condemn Underwater Mortgages

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

Are the CFPB and Richard Cordray’s appointment Constitutional?

Can CalPERS Be Sued In Federal Court Or Perhaps Even New York State Court?

DOJ files amicus brief supporting plaintiff in Eighth Circuit standing case

CFPB moves to dismiss case challenging Director Cordray’s recess appointment

Measure Creates New Borrowing Authority for Additional Economic Development Funding

A Misleading Article in the Wall Street Journal (Weekend Investor) Suggesting that Social Security is a Funded Pension Plan.

State Treasurer and Chairman of the Massachusetts State Lottery Commission Letter to Sen. Reid & Sen Kyl Objecting to Draft...

U.S. Chamber of Commerce Sues SEC to Overturn Controversial Dodd-Frank Resource Extraction Rule

State AGs Challenge Legality of New Dodd-Frank Regulatory Group

The Fight Over the Use of Eminent Domain to Seize Underwater Mortgages: Recent Updates

Three State AGs Join Challenge to Dodd-Frank Act and CFPB Appointment

State AGs join lawsuit challenging constitutionality of CFPB

FHFA Seeks Comment on Potential Response to Use of Eminent Domain to Restructure Loans

Bank Group Seeks Depublication Of Bank Libel Opinion

California Authorities Consider Seizing Mortgages Secured by Residential Properties

Why 2012 Is a Great Year to Make a Philanthropic Gift

California County Considers Using Eminent Domain to Seize Underwater Mortgages

CFTC Proposes Guidance on the Cross-Border Impact of Dodd-Frank’s Swap Regulations

Will Proposed Amendment 4 to the Florida Constitution (On the November 2012 Ballot) Boost Florida's Economy? Independent Analysis...

Konczal: Dodd-Frank Reforms Get Roughed Up in Court [Video]

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