Ballard Spahr LLP

CFPB previews 5-year review of mortgage rules

Dovetailing with President Trump’s recent Executive Order requiring a reduction in regulatory burden, on March 21, 2017, a CFPB official remarked at the American Bankers Association Government Relations Summit that the CFPB was…more
| Consumer Protection, Finance & Banking, Real Estate - Residential

HUD Inspector General Issues Alert on Appraiser Identity Theft

The Office of the Inspector General (OIG) of the U.S. Department of Housing and Urban Development has issued an alert on appraiser identity theft. The alert details cases in three states where identity thieves illegally used the…more
| Administrative Law, Finance & Banking, Real Estate - Residential

U.S. Supreme Court Rules That Designs Are Copyrightable Under 17 U.S.C. § 101

The U.S. Supreme Court dramatically simplified and expanded the world of fashion and copyrights today, ruling that the chevron striping of a cheerleading uniform (and any other design on clothing, furniture, or other "useful…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

Process vs. Outcomes Debated at Hearing on Constitutionality of CFPB Structure

As we had indicated, on March 16, the subcommittee on Oversight and Investigations of the House Financial Services Committee conducted a hearing entitled “The Bureau of Consumer Financial Protection’s Unconstitutional Design.”…more
| Constitutional Law, Consumer Protection, Finance & Banking

NLRB Complaints May Be Voidable After SCOTUS Ruling

The U.S. Supreme Court has affirmed a lower court's decision to vacate a National Labor Relations Board (NLRB) complaint issued by the Board's Acting General Counsel, who at the time was ineligible to serve based on the…more
| Civil Procedure, Labor & Employment Law

Friends and Family and Criminal Forfeiture

One of the many potential consequences of a criminal conviction is that the government may seize assets held by the defendant’s family to satisfy a criminal forfeiture order against the defendant himself. In United States v…more
| Criminal Law, Finance & Banking, Taxation

Stemming Human Trafficking with AML/CFT Controls

Banks stand to advance the fight against human trafficking and modern slavery by reporting suspicious transactions and other financial activity that raise red flags, according to a report on March 15, 2017. Published by the…more
| Finance & Banking, International Law & Trade

More on Comptroller Curry’s remarks at LendIt USA conference

In a recent blog post, Alan Kaplinsky and Scott Pearson wrote about the remarks made by CFPB Director Richard Cordray and Comptroller of the Currency Thomas Curry at the LendIt USA conference in New York City earlier this month…more
| Consumer Protection, Finance & Banking

CFPB launches assessment of remittance rule

The CFPB has issued a notice regarding its plans to conduct an assessment of its remittance transfer rule which became effective on October 28, 2013. The assessment is being conducted under Section 1022(d) of the Dodd-Frank…more
| Consumer Protection, Finance & Banking

Trump’s DOJ supports striking Cordray’s removable-only-for-cause protection from Dodd-Frank

The DOJ submitted its amicus brief in the PHH case on Friday, March 17.  We have blogged extensively about this case since its inception. Unsurprisingly, the Trump DOJ supports striking from Dodd-Frank the removal-only-for-cause…more
| Civil Procedure, Constitutional Law, Consumer Protection, Finance & Banking, Real Estate - Residential

House subcommittee to hold hearing tomorrow on CFPB’s constitutionality

The Subcommittee on Oversight and Investigations of the House Committee on Financial Services has scheduled a hearing for tomorrow entitled “The Bureau of Consumer Financial Protection’s Unconstitutional Design.” The memo from…more
| Constitutional Law, Consumer Protection, Elections & Politics, Finance & Banking, Real Estate - Residential

Ballard Spahr and CSG Advisors Host Another Informative Western Housing Conference

Last week, Ballard Spahr in conjunction with CSG Advisors hosted its 7th Annual Western Housing Conference in Phoenix, Arizona. The Conference brought together a wide range of public and private housing professionals…more
| Real Estate - Residential

Administration’s OMB budget blueprint proposes 13% cut and elimination of many HUD programs

The Office of Management and Budget (“OMB”) released the Trump administration’s budget blueprint today, providing a general overview of the budget request it intends to present to Congress later this Spring. As outlined, the…more
| Administrative Law, Elections & Politics, Real Estate - Residential

CFPB covered by executive order on plan for reorganizing the executive branch

President Trump has signed a new executive order entitled “Presidential Executive Order on a Comprehensive Plan for Reorganizing the Executive Branch.” Unlike the regulatory freeze memo issued on Inauguration Day by Reince…more
| Consumer Protection, Elections & Politics, Finance & Banking

Lawmaker seeks CFPB fair lending investigation of fintech small business lenders

A Democratic congressman has raised concerns about potentially discriminatory lending practices used by fintech companies that extend credit to small businesses, calling on the CFPB “to vigorously investigate whether [such…more
| Civil Rights, Consumer Protection, Elections & Politics, Finance & Banking, Science, Computers, & Technology
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