News & Analysis as of

Federal Vacancies Reform Act

Ballard Spahr LLP

Trump Administration to withdraw McKernan’s nomination to serve as CFPB Director

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President Trump will withdraw Jonathan McKernan’s nomination as CFPB Director, as he nominates him as the Treasury Department’s Undersecretary of Domestic Policy, the New York Times and Law360 reported....more

McGlinchey Stafford

CFPB Under Siege: Legal Challenges, Leadership Changes, Congressional Moves

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As we have highlighted previously (here and here), the Consumer Financial Protection Bureau (CFPB) has continued to undergo significant changes under the second Trump Administration. However, various interested parties have...more

Ballard Spahr LLP

Vought halts most work at CFPB

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Acting CFPB Director Russell Vought has temporarily put a halt to virtually all of the agency’s work. ...more

Saul Ewing LLP

CFPB Director Chopra Replaced—Replacement Immediately Stops Work on All CFPB Initiatives, Including Oral Argument Scheduled for...

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On February 1, 2025, President Donald Trump terminated Rohit Chopra’s tenure as the Director of the Consumer Financial Protection Bureau (CFPB). Early on the morning of February 3, 2025, the CFPB issued a press release noting...more

Seyfarth Shaw LLP

New Acting General Counsel Named at the EEOC

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On February 4, 2025, the EEOC announced that President Trump has named Andrew Rogers as its new Acting General Counsel. In that role, Rogers will be responsible for conducting EEOC litigation and managing the EEOC’s Regional...more

Ballard Spahr LLP

President Trump fires Rohit Chopra as Director of the CFPB and appoints Treasury Secretary Bessent as acting director

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Although many pundits speculated that President Trump would appoint Russell Vought as Acting Director once Vought is confirmed by the Senate to be Director of OMB, the CFPB reported today that, on January 31, Trump actually...more

Bradley Arant Boult Cummings LLP

Rohit Chopra Out, Scott Bessent In (Temporarily) at the CFPB

In a familiar move, President Donald Trump has designated the current head of another executive agency, this time newly sworn in Secretary of the Department of the Treasury Scott Bessent to simultaneously lead the Consumer...more

Ballard Spahr LLP

Consumer Finance Monitor Podcast Episode: Alan Kaplinsky’s “Fireside Chat” with Former CFPB Leader David Silberman: His Experience...

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Today’s podcast episode is a repurposing of part one of our December 16 highly-attended and praised webinar consisting of Alan Kaplinsky’s exclusive interview of David Silberman, who held several senior positions at the CFPB...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions: Arthrex, Inc. v. Smith & Nephew, Inc., 35 F.4th...

Smith & Nephew petitioned for IPR of Arthrex’s ’907 patent, which claims a surgical device with an “eyelet” through which a suture is threaded. Smith & Nephew argued in relevant part that certain claims were anticipated by a...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Knobbe Martens

Federal Circuit Review - May 2022

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Somebody’s Wrong:  PTAB Must Resolve Conflicting Factual Testimony During IPR - In Google LLC v. IPA Technologies Inc., Appeal No. 21-1179, the Federal Circuit held that, for purposes of determining whether a reference was...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights Newsletter: May 2022: Short Take: Latest Arthrex Update

On Friday May 27, 2022, the Federal Circuit added another opinion to the Arthrex line of cases. As a short refresher, Arthrex was back at the Federal Circuit after being remanded to the Board for Director Review after Patent...more

Fitch, Even, Tabin & Flannery LLP

Commissioner of Patents Had Authority to Review IPRs While Moonlighting as USPTO Director

On May 27, in Arthrex, Inc. v. Smith & Nephew, Inc., the Federal Circuit agreed that the Commissioner for Patents, performing the duties of the Director of the USPTO, had the authority to decide a request for rehearing of a...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights Newsletter: May 2022

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Knobbe Martens

Commissioner’s Exercise of Vacant Director’s Duties Does Not Violate Appointments Clause

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ARTHREX, INC. v. SMITH & NEPHEW, INC. Before Moore, Reyna, and Chen.  Appeal from the Patent Trial and Appeal Board. Summary: During vacancies of Director and Deputy Director of the U.S. Patent and Trademark Office,...more

Jackson Lewis P.C.

EB-5 Investor Visa Update

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While the news on the EB-5 investor visa appear promising, Congress has still failed to reauthorize the EB-5 regional center program beyond its June 30, 2021, sunset date. Reduced Minimum Investment Amount-... ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - March 2020

Congress and the Coronavirus. In the wake of the growing coronavirus threat, federal lawmakers responded this week by doing what they do best: holding hearings. The U.S. Senate Committee on Health, Education, Labor and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ken Cuccinelli Named Acting Director of USCIS

On June 10, 2019, Kenneth T. Cuccinelli became the new acting director of U.S. Citizenship and Immigration Services (USCIS), replacing L. Francis Cissna, who stepped down at the beginning of June 2019. Cuccinelli previously...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - June 2019 #3

Board Rules on Union Access. Late last week, the National Labor Relations Board issued a decision involving the balancing of employees’ statutory right to organize with employers’ private property rights. In the case, the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - June 2019 #2

Wage and Hour Rulemaking News. June 12, 2019, was the deadline for submission of public comments in response to the U.S. Department of Labor’s Wage and Hour’s Division’s (WHD) proposed changes to clarify what forms of payment...more

Seyfarth Shaw LLP

CFPB Commotion Continues: Leandra English Resigns from CFPB Deputy Director Post

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On July 6, 2018, Leandra English, through her attorney via Twitter, announced she would be resigning from the Consumer Financial Protection Bureau (“CFPB”)....more

Ballard Spahr LLP

Democratic Senators seek documents from Kraninger about her role in “zero-tolerance” policy

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Democratic Senators Elizabeth Warren and Sherrod Brown have sent a letter to Kathy Kraninger, President Trump’s nominee for CFPB Director, seeking documents and other information about Ms. Kraninger’s role in the development...more

Ballard Spahr LLP

President Trump’s expected nomination of Kathy Kraninger as CFPB Director extends Mick Mulvaney’s Acting Director tenure

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According to numerous media sources, the White House announced on Friday, June 16, that President Trump plans to nominate Kathy Kraninger as CFPB Director later this week. ...more

Ballard Spahr LLP

End of FVRA time limit on Mick Mulvaney’s Acting Director tenure drawing closer

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The end of the 210-day period during which Mick Mulvaney can serve as CFPB Acting Director under the Federal Vacancies Reform Act (FVRA) in the absence of President Trump’s nomination of a permanent Director is drawing...more

Seyfarth Shaw LLP

D.C. Circuit Questions English’s Standing To Challenge CFPB Control

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The battle for control of the Consumer Financial Protection Bureau (“CFPB”) raged on last Thursday during oral argument before the United States Court of Appeals for the District of Columbia Circuit in English v. Trump....more

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