Richard Cordray was renominated today by President Obama to serve as CFPB Director for a five-year term.  The President’s recess appointment of Mr. Cordray only allows him to serve as CFPB Director until the end of this year.

Instead of waiting until later this year to renominate Mr. Cordray, the President may have decided to act now because of concerns about the outcome of  the case pending before the U.S.… Continue Reading

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 “State National Bank of Big Spring, et al. v. Geithner, et al. – Is the CFPB Constitutional?” … Continue Reading

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 based on the alleged invalidity of President Obama’s recess appointment of three individuals to the NLRB.

On December 26, the Seventh Circuit issued an opinion in Richards v.Continue Reading

On Tuesday April 17, Senate Minority Leader Mitch McConnell (R-Ky.) announced that he and other Senate Republicans intend to file a brief amicus curiae in a case challenging the validity of President Obama’s January 4 recess appointments to the National Labor Relations Board. The case, Noel Canning v. NLRB, challenges an NLRB cease and desist order relating to a purported refusal to bargain, and is currently pending before the United States Court of Appeals for the D.C.… Continue Reading