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"FTC updates data security expectations for nonbanks" by Elizabeth E. McGinn, Amanda R. Lawrence, Sherry-Maria Safchuk, Lauren Bomberger (Bloomberg Law)
Persistent cyberbreaches are compelling government responses to protect consumer data, particularly consumer financial information. Laws passed in California, Colorado, and Virginia are among the most influential at the state level, but federal regulators are also moving to implement additional...
Articles"New 9th Circ. rulings may restrict McGill Rule's scope" by Fredrick Levin, James McGuire, Michael Rome, Ali Abugheida, and Megan Whitehill (Law360)
In the 2017 McGill v. Citibank NA decision, the California Supreme Court held that any arbitration clause that bars a plaintiff from seeking public injunctive relief in any forum is unenforceable. The so-called McGill rule has become a central feature of the California arbitration landscape, and...
Articles"Incorporating safeguards for CFPB info request targets" by John R. Coleman (Law360)
The U.S. Consumer Financial Protection Bureau announced recently that it ordered several large technology companies to submit detailed information concerning their payment products, including how they collect, use and share data about consumers who use their products. The information demand is...
Articles"Differences between the California Consumer Privacy Act and the California Privacy Rights Act" by Sherry-Maria Safchuk (Conference on Consumer Finance Law Quarterly Report)
The transformation of privacy laws in California has been swift. The rapid adoption of the California Consumer Privacy Act of 2018 (“CCPA”), its regulations, and the California Privacy Rights Act of 2020 (“CPRA”) has required businesses to diligently track new consumer protections across privacy...
Articles"The prosecutors owe New York silence: They must keep quiet as they consider charges against Cuomo" by Daniel R. Alonso (Daily News)
In the aftermath of New York Attorney General Letitia James’s thorough and critical report about alleged sexual harassment by Gov. Cuomo, no fewer than five elected district attorneys have announced that they will review the report for potential criminality. Although it focuses on allegations of...
Articles"Shedding light on dark patterns: What financial institutions need to know" by Elizabeth E. McGinn, Amanda R. Lawrence, Sherry-Maria Safchuk, and David Rivera (Cybersecurity Law Report)
Regulators, legislators and private litigants are increasingly looking at how companies attract and conduct business with consumers in online settings, and particularly whether these companies are designing user experiences to manipulate behavior in a way that can prove harmful to the consumer. The...
Articles"Challenges of voir dire in a white collar case" by Hank Asbill (The Champion)
Hank Asbill and Nadav Ariel wrote an article in the National Association of Criminal Defense Lawyers' The Champion magazine on the challenges of voir dire in a white collar case. Click here to read the full article . Subscription required.
Articles"Lessons from the DA’s race: Manhattan voters don’t embrace radical criminal justice reforms" by Daniel R. Alonso (Daily News)
It’s over, sort of. Manhattan has never seen a district attorney election (well, primary, but let’s not quibble) like this one. Nine candidates threw their hat in the ring, and astonishingly, eight stuck it out to the end. We don’t yet have definitive results, but the in-person vote shows Alvin...
Articles"Opinion: How mortgage servicers can prepare for a crackdown from the CFPB” by Sasha Leonhardt, Jon Langlois, and David McGee (National Mortgage News)
The Consumer Financial Protection Bureau is drawing a line in the sand for the mortgage servicing industry with new guidance and proposed revisions to its mortgage servicing rules. The CFPB expects that the impending expiration of federal foreclosure and forbearance protections for mortgagees will...
Articles"The pendulum always swings twice: Disparate impact under the Obama, Trump, and Biden administrations" by Jeffrey P. Naimon and Sasha Leonhardt (American Bar Association Consumer Financial Services Committee Newsletter)
For over forty years, courts took the lead on interpreting the Fair Housing Act’s (“FHA’s”) prohibition on discriminatory housing practices, including home mortgage lending. While different administrations have varied as to whether the Supreme Court’s disparate impact theory from the Griggs v. Duke...
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