News & Analysis as of

Pro Forma Sessions Canning v NLRB Consumer Financial Protection Bureau (CFPB)

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Troutman Pepper

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

Troutman Pepper on

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

King & Spalding

D.C. Circuit’s Invalidation of President Obama’s Recess Appointments Raises Questions Concerning Actions Taken by the Consumer...

King & Spalding on

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

Ballard Spahr LLP

No takers for CFPB Deputy Director

Ballard Spahr LLP on

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

JD Supra Perspectives

What Next for the NLRB?

JD Supra Perspectives on

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

Morrison & Foerster LLP

D.C. Circuit Hands the CFPB a Setback?

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

Ballard Spahr LLP

New CFPB Deputy Director about to be appointed

Ballard Spahr LLP on

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

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Foley & Lardner LLP

CFPB Powers Could Be Invalidated Following Ruling on NLRB Recess Appointments

Foley & Lardner LLP on

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

Ballard Spahr LLP

Keeping a stiff upper lip is no answer here!

Ballard Spahr LLP on

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

Bracewell LLP

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

Bracewell LLP on

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

Polsinelli

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

Polsinelli on

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

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Davis Wright Tremaine LLP

Court Decision Jeopardizes CFPB Nominee

On Friday, January 25, 2013, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit struck down as unconstitutional President Obama’s 2012 “recess appointments” of three members of the National...more

FordHarrison

Legal Alert: Court Finds President's Recess Appointments to NRLB Unconstitutional

FordHarrison on

Executive Summary: A three-judge panel of the D.C. Circuit Court of Appeals has held that President Obama's recess appointment of three members to the National Labor Relations Board (NLRB) violated the U.S. Constitution. ...more

Ballard Spahr LLP

D.C. Court of Appeals may soon invalidate President Obama’s NLRB recess appointments: implications for CFPB

Ballard Spahr LLP on

Earlier today, we reported on the panel discussion of the lawsuit filed by State National Bank of Big Spring that took place at the ABA Committee on Consumer Financial Services in Naples, Florida during a session entitled...more

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