News & Analysis as of

Department of Justice (DOJ) Constitutional Challenges Consumer Financial Protection Bureau (CFPB)

Alston & Bird

The End of Disparate Impact Liability?

Alston & Bird on

On April 23, 2025, President Trump signed an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy,” which seeks to “eliminate the use of disparate-impact liability in all contexts to the maximum degree...more

Ballard Spahr LLP

Consumer Finance Monitor Podcast Episode: Prominent Journalist, David Dayen, Describes his Reporting on the Efforts of Trump 2.0...

Ballard Spahr LLP on

Today’s podcast show features a discussion with David Dayen, executive editor of the American Prospect, which is an online magazine about ideas, politics, and power. He's the author of “Chain of Title: How Three Ordinary...more

Goodwin

SEC Adopts Rule Providing New Regulatory Framework For Fund-Of-Funds

Goodwin on

In the News. The Securities and Exchange Commission (SEC) announced that it adopted Rule 12d1-4 under the Investment Company Act of 1940 (the 1940 Act), providing a new regulatory framework for fund-of-funds and final...more

Ballard Spahr LLP

SCOTUS enters order dividing and enlarging time for oral argument in Seila Law

Ballard Spahr LLP on

The U.S. Supreme Court entered an order last Friday that divides and enlarges the time for oral argument in Seila Law, which is scheduled for March 3. ...more

Ballard Spahr LLP

Seila Law files motion with SCOTUS to enlarge and divide oral argument time

Ballard Spahr LLP on

Seila Law has filed a motion with the U.S. Supreme Court requesting an enlargement of the time allocated for oral argument (scheduled for March 3) and a division of the time to accommodate “the unusual circumstances for oral...more

Saul Ewing LLP

If the Shield Against At-will Termination of the CFPB’s Director is Unconstitutional, What Next?

Saul Ewing LLP on

The U.S. Supreme Court has already agreed to consider in the matter of Seila Law v. CFPB whether the for-cause requirement for the President’s dismissal of the Consumer Financial Protection Bureau’s (“CFPB”) director is...more

Morrison & Foerster LLP

CFPB Decides Not to Defend Constitutionality of Its Leadership Structure

On September 17, 2019, two developments took place with respect to the constitutionality of the structure of the Consumer Financial Protection Bureau (CFPB or Bureau), an issue that has been litigated for several years....more

Ballard Spahr LLP

New plot twist: CFPB agrees its structure is unconstitutional

Ballard Spahr LLP on

The long-running saga that is the litigation over whether the CFPB’s single-director-removable-only-for-cause structure is constitutional took a new twist on Tuesday with the CFPB’s announcement that it has determined that...more

Ballard Spahr LLP

State National Bank of Big Spring replies to DOJ’s opposition to petition for certiorari; SCOTUS to consider petition at Jan. 11...

Ballard Spahr LLP on

State National Bank of Big Spring (SNB) and the other petitioners for certiorari have filed a reply to the brief filed by the Department of Justice in which, despite agreeing with the petitioners that the CFPB’s structure is...more

Ballard Spahr LLP

DOJ agrees CFPB is unconstitutional but opposes grant of certiorari in State National Bank of Big Spring case

Ballard Spahr LLP on

Despite agreeing on the merits with State National Bank of Big Spring (SNB) and the other petitioners for certiorari that the CFPB’s structure is unconstitutional, the Department of Justice has filed a brief in which it...more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

A lot of the furor over Elon Musk’s recent “going private” tweets has centered on whether he actually had the financial backing needed to pull it off.  The Times sets aside that initial inquiry to explore the why and how,...more

Ballard Spahr LLP

DOJ invited to participate in Ocwen’s challenge to CFPB’s constitutionality

Ballard Spahr LLP on

A Florida federal district court has granted the motion filed by Ocwen Financial Corporation to invite the U.S. Attorney General to express the AG’s views on the CFPB’s constitutionality....more

Ballard Spahr LLP

DOJ seeks leave to participate in PHH en banc rehearing oral argument

Ballard Spahr LLP on

The Department of Justice, with the consent of PHH and the CFPB, has filed an unopposed motion with the D.C. Circuit requesting ten minutes of argument time in the oral argument to be held on May 24, 2017 in the rehearing en...more

Bilzin Sumberg

The New Administration's Plans for the CFPB Take Shape

Bilzin Sumberg on

For those who have been wondering—as I did in a previous post—what the new presidential administration would mean for the Consumer Financial Protection Bureau (CFPB), an agency that has been in Republicans’ crosshairs...more

Stinson - Corporate & Securities Law Blog

Justice Department Tells Court CFPB is Unconstitutional

The Department of Justice has filed an amicus brief in the case of PHH Corp. v. Consumer Financial Protection Bureau pending before the United States Court of Appeals for the District of Columbia Circuit and is scheduled for...more

Ballard Spahr LLP

Motion filed by U.S. seeking leave to file amicus brief by March 17 signals support for PHH

Ballard Spahr LLP on

The United States, at the Solicitor General’s request, has filed an “unopposed motion” with the D.C. Circuit for leave to file an amicus brief in PHH by March 17, 2017.  The motion states that both PHH and the CFPB have...more

Orrick - Finance 20/20

CFPB Structure Ruled Unconstitutional

Orrick - Finance 20/20 on

On October 11, 2016, the U.S. Court of Appeals for the District of Columbia Circuit ruled in PHH Corporation v. Consumer Financial Protection Bureau that the CFPB’s structure is unconstitutional. In reaching this...more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide