Consumer Protection Administrative Agency Elections & Politics

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Food and Beverage News and Trends - March 2017 #2

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. FDA holds public meeting on redefining "healthy" claims in food labeling....more

Under Trump Administration, Dodd-Frank and the CFPB Continue to Face Challenges

The Dodd-Frank Wall Street Reform and Consumer Protection Act, or Dodd-Frank, was enacted in 2010 in response to the financial crisis. Through Dodd-Frank, the Consumer Financial Protection Bureau (the CFPB) was created. The...more

Cordray’s CNBC interview answers few questions

Recently, Richard Cordray was interviewed by CNBC while eating breakfast at a diner in his hometown in Ohio.  The interview was more noteworthy for what it failed to cover than for what it covered.  He was not asked the...more

Republican Senators Introduce Bill to Restructure the Consumer Financial Protection Bureau

On January 11, 2017, U.S. Senator Deb Fischer (R-Neb.) introduced Senate Bill 105 which proposes a substantial change to the leadership structure of the Consumer Financial Protection Bureau (“CFPB”). Senator Fischer was...more

House Financial Services Committee Chairman Hensarling Proposes Changes to the CHOICE Act.

On Monday, Chairman Hensarling circulated a memorandum to the House Financial Service Committee Leadership Team suggesting key revisions to the CHOICE Act. It only addresses proposed changes to the CHOICE Act; several key...more

OIRA guidance confirms executive order to reduce regulations does not apply to independent agencies

Interim Guidance issued by the Office of Information and Regulatory Affairs (OIRA) to implement President Trump’s executive order entitled “Reducing Regulation and Controlling Regulatory Costs” confirms that the order does...more

"The Uncertain Future of the Consumer Financial Protection Bureau"

Since its inception in July 2011, the Consumer Financial Protection Bureau (CFPB) has sought to prove itself as a powerful regulator through significant enforcement actions and settlements. In 2016, the CFPB continued to...more

Some thoughts on President Trump’s authority to replace Director Cordray

There has been some debate about President Trump’s authority to designate a replacement for Director Cordray should he resign or be removed by the President. The Dodd-Frank Act authorizes the CFPB Director to appoint a...more

Text of Senate bill released to replace CFPB leadership with five-person board

Last month, we blogged about reports that a bill (S. 105) has been introduced by three Republican Senators to change the CFPB’s single-director leadership structure to a five-person commission....more

Another view on Presidential authority to remove Director Cordray

As rumors swirl that President-elect Trump is planning to remove Director Cordray immediately after January 20th, conflicting views have emerged about his authority to do so before the appeal in PHH is resolved. We...more

With President-Elect Trump, What Happens Next for the CFPB?

The Consumer Financial Protection Bureau (CFPB) will have its hands full in the coming months with the combined one-two punch it has suffered at the hands of a decision from the U.S. Court of Appeals in PHH Corporation v....more

Whither the CFPB? In Uncertain Times, Rep. Hensarling’s Vision May See New Life

Given the outcome of the presidential election, the focus is now on President-Elect Trump’s campaign promises to scale back the Dodd-Frank Act and pursue deregulation of financial services. As of now, little is known about...more

PHH v. CFPB, Part I: President of Consumer Finance No More

In response to a challenge from mortgage servicer PHH Corp. regarding the constitutionality of the single director structure of the Consumer Financial Protection Bureau (the CFPB or Bureau), the United States Court of...more

Hot CPSC Jurisdictional Issues: Does the CPSC Have Regulatory Authority Over Amusement Park Rides and Guns?

In the wake of two tragic amusement park ride accidents in Kansas and Tennessee, and the ongoing political debate in America over gun safety issues, we felt it timely to help answer a question that continues to be asked in...more

Shelby Draft Regulatory Relief Bill Addresses Various Residential Mortgage Issues

On May 12, 2015 Senator Richard Shelby (R-AL) released a draft of a regulatory reform bill entitled the Financial Regulatory Improvement Act of 2015. The draft bill addresses various residential mortgage lending issues, a...more

House Republicans ask CFPB and banking agencies to disclaim “Operation Choke Point”

Six Republican members of the House Financial Services Committee, including Chairman Jeb Hensarling, have sent identical letters to the CFPB, OCC, Fed and NCUA asking each agency to “publicly disclaim [its] past, present, and...more

A Single Food-Safety Agency: Is Now Really The Time?

In the wake of the passage and continuing implementation of the Food Safety Modernization Act (“FSMA”), the most sweeping reform of our food safety laws in more than 70 years, a couple of U.S. Senators and President Obama...more

New Cyber Agency to Combat Cyber Threats

The Obama administration, on February 10, announced its intention to create a new federal agency to combat cyber threats and coordinate digital intelligence among all federal agencies....more

Executive order "promoting private sector cybersecurity information sharing": top points

In conjunction with the recent White House Summit on Cybersecurity and Consumer Protection Summit, President Barack Obama has issued a much-anticipated cybersecurity information sharing Executive Order, "Promoting Private...more

Cybersecurity Executive Order: Not Much New

President Obama’s February 13 Executive Order, “Promoting Private Sector Cybersecurity Information Sharing” (the “EO”), turns out to be light on new measures to improve cybersecurity, but focused heavily on adjustments to...more

Congress Passes the National Cybersecurity Protection Act: Codifies National Cybersecurity Center & Creates Federal Agency Data...

The National Cybersecurity Protection Act of 2014 (NCPA) was passed by the House on December 8th, by the Senate on December 10th, and signed by the President on December 18th. Senate Committee on Homeland Security and...more

Vermont Doubles Down: Representative Testifies Before Congress Against Federal GMO Labeling Bill

As we’ve explored in past posts, Congress is currently considering a bill that aims to harmonize the patchwork of state efforts at regulating GMO labeling by placing such regulation firmly within FDA’s jurisdiction. Dubbed...more

House Committee Hearing Debates "GMO" Labeling Bill

On December 10, 2014, the U.S. House Energy & Commerce Subcommittee on Health held a hearing on Examining FDA's Role in the Regulation of Genetically Modified Food Ingredients. The witnesses included Michael Landa, Director...more

Health Care Update - December 2014

In This Issue: - FDA Releases Menu Labeling Rule - Implementation of the Affordable Care Act - Other Federal Regulatory Initiatives - Upcoming Congressional Hearings - Excerpt from FDA...more

ALJ Denies LabMD’s Motion for Sanctions Against the FTC

Although the litigation between LabMD and the Federal Trade Commission (FTC) continues in the Eleventh Circuit, an administrative law judge has resolved one battle between the two entities. Chief Administrative Law Judge D....more

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