Resources

The Constitutionality of the CFPB’s Single Director Structure And Enforcement Actions Under Trump Appointees Mulvaney and Kraninger

February 19, 2019

Please join Dykema attorneys Laura Baucus and Joseph Hickey for a presentation regarding challenges to the structure of the Consumer Financial Protection Bureau (CFPB), along with a discussion of CFPB activities under the stewardship of former Acting Director Mick Mulvaney and Director Kathy Kraninger (confirmed by the Senate in December 2018). This presentation will cover a spectrum of topics including:

  • The background of Congress’s decision to consolidate enforcement and audit authority for numerous previously independent federal agencies under the umbrella of the CFPB;
  • Challenges to the constitutionality of the CFPB’s single director structure;
  • An analysis of the RD Legal Funding decision from the Southern District of New York (currently on appeal to the Second Circuit) finding the CFPB unconstitutional in its entirety;
  • A discussion of the various opinions of the DC Circuit in PHH Corp, along with other subsequent court opinions addressing the constitutionality of the structure; and
  • An analysis of current enforcement activities since the interim appointment of Mulvaney and Director Kraninger compared to that of former Director Cordray.

Tuesday, February 19, 2019
1:00 p.m. –2:00 p.m. EST 

Speakers: Laura C. Baucus, Leader – Financial Services Litigation Practice Group, Bloomfield Hills; Joseph H. Hickey, Assistant Leader – Financial Services Litigation Practice Group, Bloomfield Hills

Click here to register

CLE accreditation is anticipated for California, Illinois and Texas. We provide Uniform Certificates of Attendance and jurisdiction-specific information for those licensed in other jurisdictions. Please contact Sarah Minjoe at sminjoe@dykema.com with questions.