Yesterday, Scott Michelman posted on Public Citizen's opposition to proposed Tennessee lawyer advertising rules that would undermine consumer choice and competition in the legal services market. Citing similar concerns, the FTC has also opposed the proposed rules, as explained here. UPDATE: Read the FTC's press release and comments on the proposed rules.
by Deepak Gupta There are some important counterpoints to the wild predictions I'm already hearing from industry lawyers about the effect of today's D.C. Circuit's decision invalidating the NLRB recess appointments. First, because the decision openly creates a circuit split with an Eleventh Circuit decision upholding George W. Bush's recess appointment of Judge Pryor and […]
This post picks up from Allison's earlier post to add more details. As Allison noted, the U.S. Court of Appeals for the D.C. Circuit, ruling today in Noel Canning v. NLRB, held that President Obama's recess appointments of three NLRB commissioners in January 2012 were invalid because the Senate was not in a constitutionally-required "Recess." […]
The US Court of Appeals for the DC Circuit held this morning that the Constitution permits “recess appointments” only during the Recess between Sessions of Congress and only for positions that become vacant during the Recess. The opinion conflicts with a 2004 decision of the Eleventh Circuit. The DC case arises from a challenge to […]
Alabama-based bank Regions Financial Corp. has agreed to stop offering payday loans in North Carolina. Although North Carolina has banned payday loan shops or Internet services, federal law allows a bank to make those loans if allowed in the bank’s home state. This article from the Charlotte Post has the details. Payday loans are made […]
Public Citizen is filing comments tomorrow with the Tennessee Supreme Court opposing proposed rule changes to the legal ethics rules there governing attorney advertising. The current rules already prohibit false and misleading advertising; the proposals would go much further and ban a host of specific advertising techniques, including the use of celebrities, the use of […]
by Paul Alan Levy The Times reports that the NAACP filed an amicus brief supporting the soft-drink industry in its opposition to the New York City rules barring super-sized sugary drinks. It is surely not a coincidence that the NAACP gets donations from Coke, as does its New York State Conference, which filed the brief). […]
by Jeff Sovern Here. I have seen reports that Cordray might seek the Ohio governorship, even that he might leave the CFPB directorship before his recess appointment expires at the end of this year to that end, but perhaps this indicates that he will stay at the Bureau. I wonder if this is a pro […]
That's the topic of this Market Watch article by Jan Wieczner. Here's an excerpt: Car insurance companies reward good behavior: Drivers with records free of 15-car pileups and tickets for doing 90 in a 55 pay cheaper premiums. Health insurers, on the other hand, offer people little incentive to stay out of harm’s (and doctor’s) […]
Georgetown law professor Adam Levitin has just written this 34-page article on the history, structure, powers, and politics of the Consumer Financial Protection Bureau. Here is Levitin's introduction: In the wake of the financial crisis of 2008, Congress undertook a major overhaul of financial regulation, culminating in the Dodd-Frank Wall Street Reform and Consumer Protection […]