Richard Cordray

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five... more +

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.

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News & Analysis as of May 25, 2013

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

The S.G.’s Cert. Petition in Noel Canning; No Opposition Will Be Filed

by Keith R. Fisher | Ballard Spahr LLP on 5/7/2013

As reported in last week’s news flash, the Solicitor General (S.G.), as expected, has, on behalf of the NLRB, filed in the Supreme Court a petition for a writ of certiorari to the D.C. Circuit in the Noel Canning case. As we...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

Federal Government Plans Appeal Of Recess Appointment Ruling

by BuckleySandler LLP on 3/25/2013

On March 12, the National Labor Relations Board (NLRB) announced that it will seek, in consultation with the Department of Justice, U.S. Supreme Court review of the D.C. Circuit Court’s decision invalidating the appointment...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

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 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

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

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

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

Corporate Law Report: Managing Cyber Risks, BYOD, Obama's NLRB Crisis, Iran Sanctions, and More [Video]

by JD Supra Law News on 1/31/2013

Our latest Corporate Law Report looks at: - top ways to manage cyber risks in the workplace; - the growing trend of employees bringing their own electronic devices (BYOD) to work; - new reporting requirements as a result...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

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - January 25, 2013

by BuckleySandler LLP on 1/29/2013

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - MISCELLANY - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - SECURITIES - E-COMMERCE - Excerpt from...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

Keeping a stiff upper lip is no answer here!

by Alan S. Kaplinsky | Ballard Spahr LLP on 1/29/2013

While the CFPB has not yet issued a formal written statement about the impact of the D.C. Circuit’s recent opinion in Canning v. NLRB on the Bureau, the Wall Street Journal reported in its weekend edition that a CFPB...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

D.C. US Court Of Appeals Labors Over Recess Appointments

by Andrew Cripe, Jay Dade, Sean Gallagher, Bradley Kafka, W. Terrence Kilroy, Christopher Mason | Polsinelli on 1/28/2013

Today, the United States Court of Appeals for the District of Columbia struck down a National Labor Relations Board ("Board") decision on the basis that the Board issuing the decision could not act lawfully, as it did not...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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National Labor Relations Board › Recess Appointments › Richard Cordray

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

The S.G.’s Cert. Petition in Noel Canning; No Opposition Will Be Filed

Congressional Research Service issues two reports on Canning decision

Federal Government Plans Appeal Of Recess Appointment Ruling

Consumer Financial Protection Bureau Remains In Limbo

DOJ fights back on recess appointments in Third Circuit

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

Mortgage Banking Update - Febuary 06, 2013

Past CFPB actions may portend fate of mortgage rules

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

What Next for the NLRB? [Video]

Corporate Law Report: Managing Cyber Risks, BYOD, Obama's NLRB Crisis, Iran Sanctions, and More [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

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - January 25, 2013

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

CFPB Powers Could Be Invalidated Following Ruling on NLRB Recess Appointments

Keeping a stiff upper lip is no answer here!

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

D.C. US Court Of Appeals Labors Over Recess Appointments

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

What Next for the NLRB? [Video]

Corporate Law Report: Managing Cyber Risks, BYOD, Obama's NLRB Crisis, Iran Sanctions, and More [Video]

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