News & Analysis as of September 24, 2024

Today's Popular Updates › PHH Corp. v CFPB

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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +

Saved by the En Banc: CFPB Appears Here To Stay

K&L Gates LLP on 2/13/2018

The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) has been an agency under fire. Acting Director Mick Mulvaney has begun to institute significant changes at the Bureau. And last year, a panel of the D.C. Circuit...more

D.C. Circuit Court Affirms the Legality of Captive Reinsurance Arrangements

Troutman Pepper on 2/8/2018

While the court opinion on the constitutionality of the CFPB’s structure was long awaited, its decision related to RESPA affords the mortgage industry much-needed clarity. ...more

Win Some, Lose Some: Trump Gets A Loss And A Win In The Fight To Control The CFPB

Seyfarth Shaw LLP on 2/7/2018

Seyfarth Synopsis: One court upholds protection of Dodd-Frank limiting the President’s removal authority, while another court stifles a challenge against Mulvaney serving as acting Director of CFPB....more

Back from the Dead: The D.C. Circuit Breathes Life Into RESPA Section 8 Safe Harbor

K&L Gates LLP on 2/5/2018

Through its recent en banc decision in PHH Corp. v. Consumer Financial Protection Bureau, the D.C. Circuit reinstated the holding of the three-judge panel regarding the safe harbor provision in Section 8(c) of the Real Estate...more

Law Firm Attempts to Resist Subpoena by Arguing CFPB is Unconstitutional

Dorsey & Whitney LLP on 10/19/2017

In the wake of last year’s (now-vacated and pending review en banc) decision by the D.C. Circuit in PHH Corp. v. Consumer Fin. Prot. Bureau, 839 F.3d 1 (D.C. Cir. 2016), the constitutionality of the Consumer Financial...more

D.C. Circuit grants CFPB’s petition for rehearing en banc in PHH case

Ballard Spahr LLP on 2/17/2017

The D.C. Circuit has entered an order granting the CFPB’s petition for rehearing en banc in the PHH case. Because the order was issued per curiam, it does not indicate which of the active judges voted to grant the petition...more

Plaintiffs in another case challenging CFPB’s constitutionality move to intervene in PHH case

Ballard Spahr LLP on 2/16/2017

The plaintiffs in State National Bank of Big Spring, Texas, et al. v. Lew have filed a “Motion To Intervene In Any En Banc Proceeding That May Be Granted” in the PHH case. The motion follows the D.C. federal district court’s...more

Down But Not Out: The CFPB’s Future May Be Uncertain, But Industry Participants Must Remain Vigilant

K&L Gates LLP on 12/29/2016

Since its inception, the Consumer Financial Protection Bureau (“CFPB”) has been a lightning rod, and there is little dispute that recent events threaten, at a minimum, the current operational structure of the CFPB and...more

The Trump Administration: Change By Appointment

Cadwalader, Wickersham & Taft LLP on 11/21/2016

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

Election results portend significant changes for CFPB

Ballard Spahr LLP on 11/10/2016

As a result of Donald J. Trump’s election as President, coupled with the Democrats’ failure to wrest control of the House or Senate from the Republicans, the CFPB can be expected to undergo significant changes that are likely...more

D.C. Circuit Brings CFPB under Presidential Control

Cadwalader, Wickersham & Taft LLP on 10/14/2016

On October 11, 2016, the United States Court of Appeals for the D.C. Circuit issued its long-awaited opinion in PHH Corp. v. Consumer Financial Protection Bureau, in which the Court held that the structure of the Consumer...more

Leadership Structure of CFPB Ruled Unconstitutional

Buchalter on 10/14/2016

The United States Court of Appeals for the District of Columbia Circuit issued its ruling in PHH Corporation v. Consumer Financial Protection Bureau on Tuesday and determined that the single-director structure of the CFPB...more

Key Consumer Finance Takeaways from the DC Circuit’s PHH Decision

Kilpatrick on 10/13/2016

On October 11, 2016, the United States Court of Appeals for the District of Columbia Circuit issued a highly-anticipated decision in PHH Corporation, et al., v. Consumer Financial Protection Bureau that has far reaching...more

DC Circuit Strikes Down CFPB Leadership Structure

Orrick, Herrington & Sutcliffe LLP on 10/13/2016

On October 11, 2016 the D.C. Circuit in PHH Corporation v. CFPB, No. 15-1177, struck down the Consumer Financial Protection Bureau's (CFPB) leadership structure as unconstitutional. In short, the court ruled that Congress...more

Federal Appeals Court Finds CFPB's Structure Unconstitutional

Troutman Pepper on 10/13/2016

While certainly a big blow to the Bureau, the court’s remedy did not go as far as some CFPB opponents would have liked. In a blockbuster ruling on October 11, the U.S. Court of Appeals for the District of Columbia...more

CFPB’s Structure Ruled Unconstitutional but it Avoids Being Dismantled

Stinson - Corporate & Securities Law Blog on 10/12/2016

On October 11, 2016, the United States Court of Appeals for the D.C. Circuit issued its highly anticipated opinion in PHH Corp., et al. v. CFPB, holding that the Consumer Financial Protection Bureau’s (CFPB) structure is...more

Breaking News: In PHH v. CFPB, D.C. Circuit Holds that CFPB Structure is Unconstitutional

Ballard Spahr LLP on 10/12/2016

Yesterday, the D.C. Circuit issued its long-awaited decision in PHH Corporation v. CFPB. The court made several landmark rulings. First, it held that the CFPB’s single-director-removable-only-for-cause structure is...more

CFPB Single-Director Structure Deemed Unconstitutional

Balch & Bingham LLP on 10/12/2016

Yesterday—in PHH Corp. v. CFPB—the U.S. Court of Appeals for the District of Columbia (the “D.C. Circuit”) held that the single-director structure of the Consumer Financial Protection Bureau (“CFPB”) is unconstitutional,...more

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Today's Popular Updates › PHH Corp. v CFPB

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