Constitutional Law, Finance & Banking, Election & Politics Law

Further Setback for the CFPB Director’s Authority?

by Marc Hearron, Andrew M. Smith, Nancy R. Thomas | Morrison & Foerster LLP on 5/20/2013

A split panel of the U.S. Court of Appeals for the Third Circuit issued a decision yesterday holding that a “recess” appointment to the National Labor Relations Board (NLRB) was unconstitutional and invalid. NLRB v. New Vista...more

House Committee Refuses To Allow CFPB Director To Appear

by BuckleySandler LLP on 5/3/2013

On April 22, House Financial Services Committee Chairman Jeb Hensarling (R-TX) sent letters to CFPB Director Richard Cordray and CFPB General Counsel Meredith Fuchs stating that the House Financial Services Committee cannot...more

S&C's Cohen: Brown-Vitter Punishes Banks For Being Big [Video]

by Bloomberg Law on 5/3/2013

May 3 (Bloomberg Law) -- Rodge Cohen, partner at Sullivan & Cromwell who represents the nation's largest banks, talks with Bloomberg Law's Lee Pacchia about the concept of Too Big To Fail and a recent proposal from Senators...more

Obama Administration Seeks Supreme Court Review Of Recess Appointment Decision

by BuckleySandler LLP on 5/1/2013

On April 25, the DOJ and the National Labor Relations Board (NLRB) filed a petition seeking U.S. Supreme Court review of the D.C. Circuit Court’s January 25, 2013 decision invalidating the appointment of three NLRB members....more

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

Congressional Research Service issues two reports on Canning decision

by Barbara S. Mishkin | Ballard Spahr LLP on 4/10/2013

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

House Financial Services Committee Chair Challenges CFPB Funding

by Michael Mallow, Michael Thurman | Loeb & Loeb LLP on 3/27/2013

House Financial Services Committee Chairman Jeb Hensarling (R-Texas) sent a letter March 8 to Federal Reserve Board Chairman Ben Bernanke challenging the Fed's funding of the Consumer Financial Protection Bureau. Hensarling's...more

Congressman questions implications of Canning for CFPB funding

by Barbara S. Mishkin | Ballard Spahr LLP on 3/14/2013

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

No fireworks at Cordray nomination hearing

by Alan S. Kaplinsky | Ballard Spahr LLP on 3/13/2013

Not only did the Senate Banking Committee hearing this morning on Richard Cordray’s nomination to be CFPB Director produce no fireworks, there were moments when Committee members seemed to forget he was in the hearing room....more

Unsettled Settlements(?): The Effect of an Invalidated Recess Appointment on the CFPB Director’s Authority to Settle Proceedings

by John Dodge | Davis Wright Tremaine LLP on 3/12/2013

The constitutionality of President Obama’s recess appointment of Richard Cordray as Director of the Consumer Financial Protection Bureau (“CFPB”) is being challenged in a lawsuit filed in the U.S. District Court for the...more

Are Political Contributions Ultra Vires?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 3/11/2013

It’s been three years, but the Supreme Court’s decision in Citizens United v. Federal Election Comm’n, 558 US 50 (2010) continues to foment a fierce debate about corporate political spending. In February, Representative Adam...more

Will New U.S. Court Of Appeals Decision On ‘Recess Appointments’ Stay Dodd-Frank Powers Granted To CFPB And Vacate Certain...

by Gary Apfel, Richard Eckman, Timothy R. McTaggart, Matthew R. Silver, Richard Zack | Pepper Hamilton LLP on 3/5/2013

Holding that recess appointments authorized by the Recess Appointments Clause of the U.S. Constitution are limited to “intersession recesses” – “the period between sessions of the Senate when the Senate is by definition not...more

Will Actions of the CFPB Be Deemed Invalid?

by Scott Michalove | Baker, Donelson, Bearman, Caldwell &... on 2/15/2013

A recent decision of the United States Court of Appeals for the District of Columbia Circuit has brought into question the validity of actions taken by the Consumer Financial Protection Bureau (CFPB). The case in question,...more

D.C. Circuit’s Invalidation of President Obama’s Recess Appointments Raises Questions Concerning Actions Taken by the Consumer...

by King & Spalding on 2/8/2013

The D.C. Circuit’s Decision in Noel Canning - On January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit held that President Obama’s recess appointments to the National Labor Relations Board (NLRB) were...more

DC Court of Appeals Decision May Impact CFPB Powers and Authority

by Jeffrey M. Werthan | Katten Muchin Rosenman LLP on 2/7/2013

A recent decision by a three-judge appellate panel of the US Court of Appeals for the District of Columbia Circuit (DC Circuit) may hold the key to whether, and to what extent, actions taken by Richard Cordray as the Director...more

Past CFPB actions may portend fate of mortgage rules

by Richard J. Andreano, Jr. | Ballard Spahr LLP on 2/5/2013

Following the invalidation of three presidential “recess” appointments to the NLRB by the D.C. Circuit Court of Appeals in Noel Canning v. NRLB, theories continue to swirl about the fate of Director Cordray....more

D.C. Circuit Declares President Obama’s NLRB Recess Appointments Unconstitutional

by BuckleySandler LLP on 2/4/2013

On January 25, the U.S. Court of Appeals for the D.C. Circuit held that appointments to the National Labor Relations Board (NLRB) made by President Obama in January 2012 during a purported Senate recess were unconstitutional,...more

This Week in Washington - January 25, 2013

by Patton Boggs LLP on 2/1/2013

In This Issue: - DOMESTIC POLICY MATTERS - Inauguration. After being officially sworn in to a second term at the White House on Sunday, January 20, as prescribed by law, President Barack Obama and Vice...more

What’s in Store in Congress on Campaign Finance Reform? by Lauren M. Donoghue

by King & Spalding on 1/31/2013

As mentioned in the previous article, having just gone through the most expensive election in U.S. history, $6 billion spent, what action can we expect Congress to take on this issue in the coming session? According to an...more

D.C. Circuit Hands the CFPB a Setback?

by Rick Fischer, Marc Hearron, Oliver I. Ireland, Jeremy Mandell, Andrew M. Smith | Morrison & Foerster LLP on 1/30/2013

At the end of last week, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision in Noel Canning v. National Labor Relations Board, holding that President Obama’s recess appointments to the National...more

D.C. Court Holds President's Recess Appointments "Constitutionally Invalid," Raising Questions About CFPB's Exercise of Authority...

by Michael W. Jahnke, Michael Mallow, Michael Thurman | Loeb & Loeb LLP on 1/30/2013

The U.S. Court of Appeals for the District of Columbia issued an opinion Jan. 25, 2013, that overturns President Barack Obama's recess appointments of three National Labor Relations Board members and opens the door to...more

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

by Richard J. Andreano, Jr., John L. Culhane, Jr., Keith R. Fisher, Alan S. Kaplinsky, Jeremy T. Rosenblum, Christopher J. Willis | Ballard Spahr LLP on 1/29/2013

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

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

NLRB Plans to Ignore D.C. Circuit Ruling Invalidating Obama Recess Appointments; Validity of Appointment of Richard Cordray as...

by Christopher L. Maberry, Nancy Morrison O'Connor | Bracewell & Giuliani LLP on 1/29/2013

In what appears to be the continuation of a showdown among the three branches of federal government, the D. C. Circuit ruled today that President Obama's January 2012 "recess" appointments of three members to the National...more

Cordray Renominated as Bureau’s Director, But Court Ruling Jeopardizes His Recess Appointment and Bureau’s Powers

by Timothy S. Crisp | Foley & Lardner LLP on 1/28/2013

It’s been the best of times and the worst of times for Richard Cordray this week. First, President Obama renominated Cordray to be the Consumer Financial Protection Bureau’s (the Bureau) director on January 24, 2013....more

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Constitutional Law › Finance & Banking › Election & Politics Law

Further Setback for the CFPB Director’s Authority?

House Committee Refuses To Allow CFPB Director To Appear

S&C's Cohen: Brown-Vitter Punishes Banks For Being Big [Video]

Obama Administration Seeks Supreme Court Review Of Recess Appointment Decision

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

Congressional Research Service issues two reports on Canning decision

House Financial Services Committee Chair Challenges CFPB Funding

Congressman questions implications of Canning for CFPB funding

No fireworks at Cordray nomination hearing

Unsettled Settlements(?): The Effect of an Invalidated Recess Appointment on the CFPB Director’s Authority to Settle Proceedings

Are Political Contributions Ultra Vires?

Will New U.S. Court Of Appeals Decision On ‘Recess Appointments’ Stay Dodd-Frank Powers Granted To CFPB And Vacate Certain...

Will Actions of the CFPB Be Deemed Invalid?

D.C. Circuit’s Invalidation of President Obama’s Recess Appointments Raises Questions Concerning Actions Taken by the Consumer...

DC Court of Appeals Decision May Impact CFPB Powers and Authority

Past CFPB actions may portend fate of mortgage rules

D.C. Circuit Declares President Obama’s NLRB Recess Appointments Unconstitutional

This Week in Washington - January 25, 2013

What’s in Store in Congress on Campaign Finance Reform? by Lauren M. Donoghue

D.C. Circuit Hands the CFPB a Setback?

D.C. Court Holds President's Recess Appointments "Constitutionally Invalid," Raising Questions About CFPB's Exercise of Authority...

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

CFPB Powers Could Be Invalidated Following Ruling on NLRB Recess Appointments

NLRB Plans to Ignore D.C. Circuit Ruling Invalidating Obama Recess Appointments; Validity of Appointment of Richard Cordray as...

Cordray Renominated as Bureau’s Director, But Court Ruling Jeopardizes His Recess Appointment and Bureau’s Powers

S&C's Cohen: Brown-Vitter Punishes Banks For Being Big [Video]

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

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