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The Fair Housing Act, Disparate Impact Claims, and Magner v. Gallagher
The authors discuss the text of the Fair Housing Act, its legislative history, and the past federal appellate court decisions holding that the FHA permits disparate impact claims. They argue that recent Supreme Court decisions cast doubht on the past federal appellate court decisions, and show that...
ArticlesState Attorneys General Are the New Bank Regulators
Spurred by the financial crisis and its impact on their constituents, state attorneys general appear to be carving out a new role as de facto bank regulators. This trend, an unexpected fall out of the financial crisis and the passage of Dodd-Frank, may not as yet be fully appreciated. However, it...
ArticlesThe CFPB's Early Warning Notice: The Devil's in the Details
Lauren Randell and Stephen LeBlanc of Buckley Sandler LLP say the Consumer Financial Protection Bureau's release of details regarding its early-warning notice is a welcome indication that it will follow the lead of the Securities and Exchange Commission by informing investigation targets of its...
ArticlesCorruption in Emerging Markets
James Parkinson & Leslie Meredith authored the chapter, "Corruption in Emerging Markets" in the upcoming publication, The US Private Equity Compliance Companion to be published in January 2012.
ArticlesNeutralizing the Putative Lead Plaintiff
In two recent cases— Damasco v. Clearwire Corp. and Pitts v. Terrible Herbst, Inc —the 7th and 9th Circuits, respectively, reached conflicting results on the issue of whether an offer of judgment for the full amount of a putative lead plaintiff’s own claim moots a class action complaint if the...
ArticlesRegulators Drop the Ball on CRA's Original Purpose
Federal regulators seem to be of two minds about the Community Reinvestment Act, a law with an explicit and limited congressional purpose of requiring each banking regulator "to use its authority when examining financial institutions, to encourage such institutions to help meet the credit needs of...
ArticlesFair Lending Class Actions Following Wal-Mart v. Dukes
Nearly six months ago, in Wal-Mart v. Dukes , the U.S. Supreme Court vacated certification of a class of roughly 1.5 million current and former female employees of Wal-Mart who alleged gender discrimination in violation of Title VII. While doing so, the Court clarified the “commonality” requirement...
Articles"Taking a stand on taking the stand" by Hank Asbill (National Law Journal)
Whether white-collar defendants should testify ar trial is the subject of much debate among criminal defense lawyers. Ultimately, this critical decision must be carefully evaluated in every case, in multiple stages of the process. Balancing the risks against the anticipated rewards of a defendant...
ArticlesFirst Do No Harm: An Analysis of the Broad Powers of the CFPB
In his remarks at the signing ceremony for the Dodd-Frank Wall Street Reform and Consumer Protection Act, President Obama promised that the arsenal of consumer protections included in the new law would be "enforced by a new consumer watchdog with just one job: looking out for people -- not big...
ArticlesNew Ethical Issues and Challenges in E-Discovery
The rise of e-discovery and the globalization of electronic information has caused a drastic increase in the ethical issues and challenges attorneys face when compared to the paper world. Attorneys are facing emerging challenges both inside and outside their legal teams, regarding the supervision...
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