President Obama Appoints Three Members to NLRB, but Will They Be Confirmed?
Should Wall Street Fear Mary Jo White?
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
Always a source of activity, and a very popular topic of conversation of LXBN, the National Labor Relations Board stands to grow to five full members if President Obama’s three recent appointees are confirmed by the Senate....more
On March 19, the Senate Banking Committee approved Mary Jo White to serve as SEC Commissioner/Chair through June 2014, and Richard Cordray to serve a five-year term as CFPB Director. The vote on Ms. White was 20-1. Senator...more
Governor Jerry Brown has appointment retired federal district court judge Frank C. Damrell Jr. to the Delta Stewardship Council. Damrell will fill the seat previously held by Felicia Marcus, who was appointed to the State...more
Governor Brown today made the following anouncements with respect to the State Water Resources Control Board:
Tam Doduc, 46, of Sacramento, has been appointed to the State Water Resources Control Board, where she has...more
Cuban President Raúl Castro's announcement last Sunday that he will retire in 2018, coupled with his decision to promote apparent successor Miguel Díaz-Canel, 52, to first vice president of the ruling Council of State, is a...more
There is much going on at the Federal Trade Commission (FTC) these days, particularly in the privacy arena. In addition to the settlements discussed below, today the White House confirmed that President Obama will nominate...more
In This Issue:
New Caledonia - an overview; Company law; Mining law; Environmental law; Immigration; Employment; and Overview of the New Caledonian tax system.
Except from New Caledonia - an overview:
The President's nomination of Mary Jo White to become Chairman of the SEC has generated reservations as well as praise. Naysayers wonder whether her years in private practice representing banks and bankers, including J.P....more
In This Issue:
Environmental and Policy Focus - Obama picks REI Chief Jewell to head Interior Department; Work begins on Carlsbad desalination plant; Solar panel makers grapple with hazardous waste problem; Environmental...more
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
When I visited Spain last year, a local Spaniard talked with me about his thoughts as he watched coverage of the presidential election in the United States....more
Hundreds of National Labor Relations Board (“NLRB”) actions, many of which make it easier for workers to unionize, would be frozen or invalidated under legislation proposed this week by Sen. John Barrasso (R-Wy)....more
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
On Friday, January 25, 2013, we informed you that the federal circuit court of appeals in Washington D.C. had struck down President Obama's "recess appointments" of three National Labor Relations Board (NLRB or Board) members...more
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
On January 31, 2013, Deputy Director Raj Date officially stepped down from his position as the second-highest official in the CFPB. Date was the first deputy director of the agency, and was closely involved with Elizabeth...more
Feb. 1 (Bloomberg Law) -- Mary Jo White has spent decades as both a federal prosecutor and later as outside counsel for many financial institutions. If the Senate confirms her as SEC chair, will Wall Street be facing a lawyer...more
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
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
President Obama violated the Constitution when he circumvented the Senate to fill three vacancies on the National Labor Relations Board (“NLRB”) in January 2012. The U.S. Court of Appeals for the D.C. Circuit ruled that the...more
On January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit ruled that President Obama's January 2012 "recess" appointments to the National Labor Relations Board ("Board" or "NLRB") were unconstitutional because the...more
The ruling places in substantial doubt the validity of any NLRB decision or action since January 4, 2012, and calls into question the scope of the president's recess appointment power more generally.
On January 25, in...more
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
The United States Court of Appeals for the District of Columbia Circuit has issued a decision invalidating the President's January 4, 2012 recess appointments to the National Labor Relations Board ("NLRB" or "Board")....more
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