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"Takeaways from military member complaints at CFPB" by Jeffrey P. Naimon, Benjamin K. Olson, Sasha Leonhardt, and Christina R. Smith (Law360)
The Consumer Financial Protection Bureau ’s Office of Servicemember Affairs recently released a report highlighting issues facing military consumers based on complaints submitted by service members, veterans and their families. This report identifies categories and trends among the approximately 48...
Articles"7 tips for surviving FHA’s annual recertification process" by Melissa Klimkiewicz, Michelle L. Rogers, Kathryn L. Ryan, and Kathryn R. Goodman (HousingWire)
The past year brought some good news for Federal Housing Administration mortgagees, as top Department of Housing and Urban Development officials continued to urge the Department of Justice to reduce reliance on the False Claims Act in enforcing FHA program requirements. Notwithstanding this...
Articles"Equipment finance: Understanding licensing obligations" by Kathryn L. Ryan, Moorari K. Shah, and Frida Alim (Equipment Leasing & Finance Magazine)
Licensing Considerations, Generally The applicability of state licensing laws may depend on multiple factors, including transaction structures, business entity types and whether the activities are appropriately classified as “commercial” or another type of non-consumer transaction. Although the...
Articles"The great data breach standing circuit split" by Amanda R. Lawrence, Antonio J. Reynolds, and Michael A. Rome (Law360)
Data breaches are back in the news in a big way. Over the past several weeks alone, prominent hotel chains, online platforms and retailers announced significant data breaches. Unsurprisingly, in the aftermath of these disclosures, consumers filed class actions alleging that the data breaches...
Articles"Banks shouldn’t be middleman in revealing true account owners" by Daniel P. Stipano (American Banker)
The objectives of a recent Financial Crimes Enforcement Network rule — requiring financial firms to verify the identities of true account owners — are undoubtedly laudable. But whether the regulation achieves those objectives is another question. The agency’s Customer Due Diligence rule went into...
Articles"SEC tool could test executive online impulse control" by Thomas A. Sporkin and Ian Acker (Legaltech News)
A message to corporate executives and their public-relations minders: One in a trillion may no longer be a reasonable guarantee of anonymity. The Securities and Exchange Commission (SEC) is confronting the difficult challenge of how to keep an eye on and sort through a fire hose of social media...
Articles"Congressional subpoenas, special prosecutors, and the Capitol jail—Let the games begin" by Preston Burton and Paige Ammons (Bloomberg Law)
President Donald Trump has been predictably defiant in responding to the suggestion that House Democrats will unleash their newly won subpoena powers to investigate him, his administration, or his companies, warning that he is prepared to assume a “war-like posture” and that the Democrats “can play...
Articles"Intra-franchise no-poach agreements: Recent developments and trends" by Douglas F. Gansler, Adam Miller, and Scott T. Sakiyama (Bloomberg Law)
Washington Attorney General Bob Ferguson has obtained binding settlement agreements from 23 prominent franchisors in the nine months since he announced an initiative to eliminate no-poach clauses nationwide, and he has already expanded beyond the fast-food industry. Scrutiny of the clauses, which...
Articles"End of the Hollywood handshake deal" by Fredrick S. Levin (Daily Journal)
Stop us if you've heard this one before. A young actor, talented but unknown, is trying to break into the business. She is introduced to an entertainment lawyer who tells her he'll handle all of her modest legal work for "free" on the front end, and take a cut of whatever income she eventually...
Articles"Finding the purpose in bureau civil investigative demands" by Aaron C. Mahler and Daniel Cheriyan (Bloomberg BNA)
“Why me?” It’s a common refrain whenever something bad happens. It’s also one of the first questions companies ask when finding themselves on the receiving end of a civil investigative demand from the Consumer Financial Protection Bureau. The logical place to look should be the notification of...
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