News & Analysis as of

Richard Cordray National Labor Relations Board Barack Obama

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

by Ballard Spahr LLP on

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

Congressional Research Service issues two reports on Canning decision

by Ballard Spahr LLP on

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

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

Will Actions of the CFPB Be Deemed Invalid?

by Baker Donelson on

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

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

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

What Next for the NLRB?

by 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

D.C. Circuit Hands the CFPB a Setback?

by Morrison & Foerster LLP on

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

New CFPB Deputy Director about to be appointed

by 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

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

by 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

CFPB Powers Could Be Invalidated Following Ruling on NLRB Recess Appointments

by 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

Keeping a stiff upper lip is no answer here!

by 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

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

by 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

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

by 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

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

by 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

Court Decision Jeopardizes CFPB Nominee

by Davis Wright Tremaine LLP on

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

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

by 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

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

by 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

Seventh Circuit dismisses NLRB recess appointment challenge

by Ballard Spahr LLP on

Because of their potential implications for the validity of CFPB Director Cordray’s appointment, we have been following several pending cases challenging the National Labor Relations Board’s authority to take various actions...more

Oral argument held in case challenging NLRB recess appointments

by Ballard Spahr LLP on

Yesterday, the U.S. Court of Appeals for the D.C. Circuit heard oral arguments in Noel Canning v. National Labor Relations Board. The outcome in the case could have implications for the validity of CFPB Director Cordray’s...more

CFPB gets preliminary injunction in mortgage relief assistance case

by Ballard Spahr LLP on

On November 16, a federal district judge in California entered a preliminary injunction in favor of the CFPB in the action it filed this past July against a law firm that offered mortgage assistance relief services to...more

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