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Administrative Appointments Constitutional Challenges

Jones Day

JONES DAY TALKS®: Appointments of PTAB Judges Ruled Unconstitutional ... What Now?

Jones Day on

In Arthrex, Inc. v. Smith & Nephew, Inc., the Federal Circuit has held that appointments of Administrative Patent Judges of the Patent Trial and Appeal Board ("PTAB") were in violation of the Appointments Clause of the U.S....more

Polsinelli

The PTAB and the Arthrex Decision: A Constitutional Question

Polsinelli on

The Appointments Clause of the U.S. Constitution1 provides that “principal officers” of the United States must be appointed by the President upon the advice and consent of the Senate. “Inferior officers,” on the other hand,...more

Manatt, Phelps & Phillips, LLP

CFPB 2018 Year in Review, and What to Expect in 2019

Let’s call it molasses. Because that is what the Trump administration figuratively poured into the consumer protection engine known as the CFPB. The Dodd-Frank Act created a monster, and a highly effective one. The Bureau...more

Cranfill Sumner LLP

Court Order Leads to Changes at the Industrial Commission

Cranfill Sumner LLP on

After taking office, Governor Cooper filed a lawsuit against the NC General Assembly and Chairman Allen and Commissioner Stith of the NC Industrial Commission challenging on constitutional grounds to changes to NCIC...more

Ballard Spahr LLP

Senate confirms Kraninger as CFPB Director

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Thursday afternoon, by a vote of 50-49, the Senate confirmed Kathy Kraninger as CFPB Director. Pursuant to the Dodd-Frank Act, the CFPB Director has a five-year term. ...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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A lot of the furor over Elon Musk’s recent “going private” tweets has centered on whether he actually had the financial backing needed to pull it off.  The Times sets aside that initial inquiry to explore the why and how,...more

Ballard Spahr LLP

Senate Banking Committee Probes Mulvaney’s Leadership at the CFPB

Ballard Spahr LLP on

On April 12, 2018, Mick Mulvaney, the Acting Director of the Consumer Financial Protection Bureau (Bureau) testified before the Senate Committee on Banking, Housing, and Urban Affairs regarding the Bureau’s Semi-Annual Report...more

Cadwalader, Wickersham & Taft LLP

The Trump Administration: Change By Appointment

The election of Donald J. Trump as the 45th President of the United States, along with the Republican control of the majority of both the House of Representatives and the Senate, will likely result in significant changes in...more

Ballard Spahr LLP

D.C. federal district court rejects recess appointment challenge

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The D.C. federal district court has rejected the plaintiffs’ attempt in State National Bank of Big Spring, Texas, et al. v. Lew, et al. to invalidate the actions taken by Director Cordray while he was a recess appointee. The...more

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