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The Consumer Financial Protection Bureau (“CFPB”) has issued proposed amendments to Regulation C, the regulation that implements the Home Mortgage Disclosure Act (“HMDA”). The proposed amendments would revise the tests for determining…more
The SEC has a real perception problem. They cannot win in court. Whether this is fair or not, the SEC needs to move beyond this fear of losing since it only undermines the integrity of its enforcement program…more
Which Ground for Federal Jurisdiction is the Safest in Dredging Cases?: Board of Commissioners of the Southeast Louisiana Flood Protection Authority - East v. Tennessee Gas Pipeline Co., LLC et al.
The Eastern District of Louisiana recently denied the Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East’s (Plaintiff) Motion to Remand its suit against 92 oil and gas companies back to state court…more
When is modification of a no-fault or inflexible leave of absence policy required as an accommodation under the Americans with Disabilities Act (ADA)? Although the Equal Employment Opportunity Commission (EEOC) has taken the position…more
This week, the CFPB and 25 states filed amicus briefs in Jesinoski v. Countrywide Home Loans, Inc., No. 13-684, a case pending before the U.S. Supreme Court that may resolve a circuit split over whether a borrower seeking to rescind a…more
On July 28, the Arm’s Length Adjustment Services Advisory Group (Group) of the Multistate Tax Commission (MTC) met for the third time at the MTC Annual Conference in Albuquerque, New Mexico. The Group began this effort on June 2 and…more
It’s Time to Revisit Commission Pay for California Employees: Commissions Earned Must be Paid Twice Per Month and the Commissioned Sales Exemption Gets Harder to Meet
You may have just started breathing easier after rolling out written commission agreements to comply with California Labor Code section 2751. However, a recent unanimous California Supreme Court decision has heads turning and tongues…more
James Tagliaferri, the former President of TAG Virgin Islands, a registered investment adviser, was found guilty by a jury of one count of investment adviser fraud, six counts of violating the Travel Act, one count of securities fraud…more
The Senate begins debate today on a bill to prevent the insolvency of the Highway Trust Fund. The bill, already passed by the House and supported by the White House, provides the best chance for Congress to prevent the projected…more
The U.S. Environmental Protection Agency has warned industry using flaring for pollution control that it is targeting flaring violations nationwide to reduce the release of hazardous air pollutants. Originally published on…more
California Court of Appeal Rules Damages Are Unavailable To Plaintiff Patients Where Patient Information On Stolen Computer Was Not Disclosed!
Until last week, Sutter Health was looking at a potential jury verdict in excess of $4 billion against several of its affiliated hospitals in a class action suit filed under the California Medical Information Act, California Civil Code…more