CFPB, Canning v NLRB | JD Supra Law News

Second Ruling against NLRB Recess Appointments Raises More Questions for CFPB

by Keith R. Fisher, Alan S. Kaplinsky | Ballard Spahr LLP on 5/24/2013

A second circuit court ruling invalidating one of President Obama’s recess appointments to the National Labor Relations Board could provide additional ammunition to anyone inclined to challenge the validity of his choice to...more

No Opposition Expected to SG’s Certiorari Petition in Noel Canning

by Keith R. Fisher | Ballard Spahr LLP on 5/21/2013

As we reported earlier, the Solicitor General of the United States (SG) has filed in the U.S. Supreme Court a petition for a writ of certiorari to the U.S. Court of Appeals for the District of Columbia Circuit in Noel Canning...more

NEWS FLASH: Third Circuit agrees with D.C. Circuit reading of Recess Appointments Clause

by Barbara S. Mishkin | Ballard Spahr LLP on 5/17/2013

The dark cloud that has been hanging over CFPB Director Richard Cordray’s recess appointment just got darker. In a 2-1 decision in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit...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

Six Things to Know about the CFPB

by Jonathan L. Pompan | Venable LLP on 4/10/2013

Since opening for business in July 2011, the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) has focused on regulating consumer financial markets and protecting consumers through studying markets, educating...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

Consumer Financial Protection Bureau Remains In Limbo

by Lloyd B. Chinn, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 3/19/2013

The authority and leadership of the Consumer Financial Protection Bureau (CFPB), a body created by Dodd-Frank to regulate consumer protection of financial products and services, continues to remain in limbo in the wake of the...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

DOJ fights back on recess appointments in Third Circuit

by Keith R. Fisher | Ballard Spahr LLP on 3/6/2013

Recently the Department of Justice filed a letter brief in a case pending in the U.S. Court of Appeals for the Third Circuit in the hopes of dissuading that court from following the D.C. Circuit’s recent Recess Appointments...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

Update on CA case challenging Mr. Cordray’s appointment

by Alan S. Kaplinsky | Ballard Spahr LLP on 2/15/2013

We have been following the case filed this past summer by the CFPB in a California federal court against an attorney and his law firm that offered mortgage assistance relief services to consumers. In CFPB v. Chance Edward...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

Full U.S. Supreme Court rejects application challenging NLRB recess appointments

by Barbara S. Mishkin | Ballard Spahr LLP on 2/7/2013

On Tuesday, we reported that attorneys for a Connecticut nursing home company were attempting to have an emergency application challenging the constitutionality of President Obama’s recess appointments to the National Labor...more

Mortgage Banking Update - Febuary 06, 2013

by Richard J. Andreano, Jr., Keith R. Fisher, Stefanie Jackman, Barbara S. Mishkin, Amy Mushahwar, Brian M. Pinheiro, Matthew Saunig, Robert Scott, John D. Socknat, Mercedes Kelley Tunstall, more +Michael S. Waldron | Ballard Spahr LLP on 2/6/2013

In This Issue: - Settlement of Michigan Lending Discrimination Lawsuit Underscores Regulatory Focus on Equal Access to Credit - Industry Employers Should Prepare Now for Health Care Reform - Title Insurers Not...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

No takers for CFPB Deputy Director

by Alan S. Kaplinsky | Ballard Spahr LLP on 2/4/2013

It is not surprising to me that Director (yes, he is still the Director until a court rules otherwise) Cordray has had difficulty finding a Deputy Director to fill Raj Date’s position....more

The Senate Republicans officially weigh in on Cordray’s nomination

by Alan S. Kaplinsky | Ballard Spahr LLP on 2/4/2013

Whatever hope President Obama may have had that his nomination of Richard Cordray to serve a five-year term as Director of the CFPB vanished today when 43 Republican Senators joined in a letter to the President saying that...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

Let the political posturing begin!

by Barbara S. Mishkin | Ballard Spahr LLP on 2/1/2013

Predictably, political posturing in reaction to the D.C. Circuit’s Canning decision has already begun. According to media reports, South Dakota Senator Tim Johnson, a Democrat who heads the Senate Banking Committee, is...more

What Next for the NLRB? [Video]

by JD Supra Law News on 1/31/2013

In late January, 2013, a DC circuit court ruled that President Obama's recess appointments to the National Labor Relations Board (NLRB) were unconstitutional, and therefore invalid. The ruling calls into question numerous...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

New CFPB Deputy Director about to be appointed

by Alan S. Kaplinsky | Ballard Spahr LLP on 1/30/2013

The word on the street is that tomorrow Richard Cordray will appoint a new Deputy Director to replace Raj Date who has been serving in that capacity since Jan. 6 of 2012....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

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Consumer Financial Protection Bureau › Canning v NLRB

Second Ruling against NLRB Recess Appointments Raises More Questions for CFPB

No Opposition Expected to SG’s Certiorari Petition in Noel Canning

NEWS FLASH: Third Circuit agrees with D.C. Circuit reading of Recess Appointments Clause

Congressional Research Service issues two reports on Canning decision

Six Things to Know about the CFPB

House Financial Services Committee Chair Challenges CFPB Funding

Consumer Financial Protection Bureau Remains In Limbo

Congressman questions implications of Canning for CFPB funding

DOJ fights back on recess appointments in Third Circuit

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

Update on CA case challenging Mr. Cordray’s appointment

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...

Full U.S. Supreme Court rejects application challenging NLRB recess appointments

Mortgage Banking Update - Febuary 06, 2013

Past CFPB actions may portend fate of mortgage rules

No takers for CFPB Deputy Director

The Senate Republicans officially weigh in on Cordray’s nomination

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

Let the political posturing begin!

What Next for the NLRB? [Video]

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...

New CFPB Deputy Director about to be appointed

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

What Next for the NLRB? [Video]

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