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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"Chopra confirmed as CFPB director: What to expect" by John R. Coleman
The Consumer Financial Protection Bureau under the leadership of Rohit Chopra appears poised to pursue an aggressive enforcement posture and test the limits of its authority in pursuit of broad market change. But the headline-grabbing enforcement actions expected under Chopra, whom the Senate...
Buckley Commentary & AnalysisSpecial Alert: CFPB proposes small business loan data collection regime
Over a decade ago, Congress enacted an amendment to the Equal Credit Opportunity Act that directed the Consumer Financial Protection Bureau to implement a new regime for small business loan data collection similar to the regime that exists in the mortgage industry. Last week, a month before a court...
Special Alerts"Building effective internal communication channels" by Daniel R. Alonso, Andrew P. Pennacchia, Benjamin W. Hutten, and Norma Ramirez-Marin (from The Guide to Corporate Compliance, 2nd Ed.)
Daniel R. Alonso, Andrew P. Pennacchia, Benjamin W. Hutten, and Norma Ramirez-Marin wrote “Building effective internal communication channels,” a chapter in The Guide to Corporate Compliance, published by Latin Lawyer and designed to assist key corporate decision makers and their...
Books"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