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Recess Appointments Consumer Financial Protection Bureau (CFPB) Barack Obama

Ballard Spahr LLP

Ninth Circuit Rejects Director Cordray's Recess Appointment as Defense to CFPB Enforcement Action; Dissenting Judge Disagrees

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Since it was filed in a California federal court in July 2012, we have been following Consumer Financial Protection Bureau (CFPB) v. Chance Edward Gordon, a case in which the CFPB alleged that an attorney duped consumers by...more

Ballard Spahr LLP

Senate votes in favor of cloture for confirmation of Richard Cordray as Director of the CFPB

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The Senate voted 71-29 in favor of cloture. That means that the Republicans will not use the threat of the filibuster to block a confirmation vote in the Senate of Richard Cordray’s nomination by President Obama to be...more

Ballard Spahr LLP

Further thoughts on the Supreme Court’s grant of review in NLRB v. Noel Canning

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As we have reported in this blog and in an E-Alert, the Supreme Court on Monday June 24 granted certiorari in the Noel Canning case, in which the D.C. Circuit held that President Obama’s January 4, 2011 recess appointments to...more

Ballard Spahr LLP

U.S. Supreme Court likely to rule on cert petition in NLRB v. Noel Canning at June 20 Conference

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We have been following very closely developments in NLRB v. Noel Canning, the case seeking Supreme Court review of the D.C. Circuit Court’s judgment invalidating President Obama’s January 4, 2012 appointment of several NLRB...more

Ballard Spahr LLP

Update on cases challenging Cordray appointment

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We have been following two federal court cases that involve challenges to Director Cordray’s appointment. The California case, CFPB v. Chance Edward Gordon, was filed in summer 2012 by the CFPB against an attorney and his law...more

Ballard Spahr LLP

Congressional Research Service issues two reports on Canning decision

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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

Proskauer - Whistleblowing & Retaliation

Consumer Financial Protection Bureau Remains In Limbo

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

Morrison & Foerster LLP

Financial Services Report - Spring 2013

Editor’s Note - This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or...more

Troutman Pepper

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

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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

Baker Donelson

Will Actions of the CFPB Be Deemed Invalid?

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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

Troutman Pepper

A New World for Mortgage Banking – What You Need to Know About the CFPB’s Final Mortgage Servicing Rules

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The Consumer Financial Protection Bureau (CFPB) issued its final rules regarding mortgage servicing last week which will undoubtedly change mortgage servicing operations in the United States - and according to some...more

Troutman Pepper

A New World for Mortgage Banking – What You Need to Know About the CFPB’s Final Mortgage Servicing Rules

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The Consumer Financial Protection Bureau (CFPB) issued its final rules regarding mortgage servicing last week which will undoubtedly change mortgage servicing operations in the United States - and according to some...more

King & Spalding

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

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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

Katten Muchin Rosenman LLP

DC Court of Appeals Decision May Impact CFPB Powers and Authority

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

Ballard Spahr LLP

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

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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

JD Supra Perspectives

What Next for the NLRB?

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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

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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

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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

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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!

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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...

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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

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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

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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

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