In January, 2013, the U.S. Court of Appeals for the DC Circuit issued its decision in the case of Noel Canning vs. National Labor Relations Board. The three judge panel unanimously held that the NLRB did not have the legal ability to issue rulings and orders because it lacked a duly appointed quorum of at least three members, three vacancies having been filled by what was determined to be improper “recess appointments.” Thus, the scores of decisions and rules issued by the NLRB during the time its quorum consisted of unlawful recess appointees are subject to challenge. Moreover, the actions of the Consumer Financial Protection Bureau are likewise subject to challenge since the CFPB’s Director, Richard Cordray was also a recess appointee when the Senate was not in recess.

The ramifications of the Canning decision remain unsettled. The Court’s majority opinion construed the Recess Appointments Clause to apply only when the vacancy to be filled occurred during an inter-session recess of the Senate. This interpretation is at odds with long-standing executive branch interpretation as well as Senate practice. Challenges to NLRB rulings are underway and the ripples from the Canning decision continue to spread. Mr. Cordray’s authority is being expressly challenged in collateral litigation in which Senate Republicans have joined. Moreover, the House Financial Services Committee has taken the position that the CFPB has no lawfully appointed Director and has informed Mr. Cordray that he will not be welcomed to testify before the Committee until such time as his appointment receives Senate confirmation. How far these ripples spread remains to be seen, and practitioners need to be prepared in order to advise their clients on how to navigate these turbulent waters.

This panel discussion will cover the following:

Summary of the case and the fall-out
The policy ramifications for the Executive Branch
The implications for Labor & Employment matters
The implications for the CFPB and financial services providers


Practice Areas:		Administrative Law & Regulation, Banking & Finance Law, Corporate & Securities, Labor Law, NLRB Practice

Online Media Type:		Audio

Production Date:		06/20/2013 1:00 PM EDT

Level:		Intermediate

Category:		Standard

Duration:		1 Hours, 0 Minutes

Online Format:		Live

Course Type:		Public

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Speakers:

•	Joseph A. Woodruff - Waller Lansden Dortch & Davis, PLLC, Nashville, TN
•	Hon. Alberto R. Gonzales - Counsel, 80th U.S. Attorney General - Waller Lansden Dortch & Davis LLP, Nashville
•	John Park - Partner, Waller Lansden Dortch & Davis LLP; Nashville, TN
•	Christopher Driskill - Associate, Waller Lansden Dortch & Davis LLP; Nashville, TN


	This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.