Bob Loeb

Bob Loeb

Orrick, Herrington & Sutcliffe LLP

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Case Update: Midland Funding Madden – Supreme Court Denies Certiorari

The Supreme Court today denied certiorari in Midland Funding v. Madden. Although the denial leaves the Second Circuit's May 2015 decision in place, it does not signal the Supreme Court's view of the correctness of that ruling...more

6/27/2016 - Banking Sector Certiorari Choice-of-Law Debt Buyers Financial Services Industry Interest Rates Madden v Midland Funding Online Marketplace Lending SCOTUS Usury Valid When Made Doctrine

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Lessons from Sabine - In March, Bankruptcy Judge Shelley Chapman held that Sabine Oil & Gas Corp. satisfied the standards for rejection of several gathering and handling agreements between Sabine and its midstream...more

6/13/2016 - Commercial Bankruptcy Covenants that Run With the Land Energy Sector Executory Contracts Fraudulent Transfers Husky International Electronics v Ritz Litigation Funding Midstream Contracts Mineral Exploration Offshore Drilling Oil & Gas Pipelines Sabine Oil and Gas SCOTUS Secured Creditors

Case Update: Midland Funding v. Madden – Supplemental Brief

As we reported in our case update on May 26, the Solicitor General filed its brief expressing the Government’s views on the cert-worthiness of Midland Funding v. Madden. Yesterday, Midland filed a supplemental brief with the...more

6/10/2016 - Banking Sector Madden v Midland Funding Solicitor General

Case Update: Midland Funding v. Madden – Supplemental Brief

As we reported in our case update on May 26, the Solicitor General filed its brief expressing the Government’s views on the cert-worthiness of Midland Funding v. Madden. Yesterday, Midland filed a supplemental brief with the...more

6/9/2016 - Banking Sector Consumer Lenders Debt Buyers Debt Collection Financial Services Industry Madden v Midland Funding National Bank Act Online Marketplace Lending Solicitor General

Seventh Circuit Holds That Mandatory Arbitration With Class Waiver Violates NLRA, Setting up Circuit Split

On May 26, the U.S. Court of Appeals for the Seventh Circuit held that a wage-and-hour class arbitration clause violated the National Labor Relations Act (NLRA), setting up a circuit split with the Fifth Circuit, and opening...more

6/7/2016 - Arbitration Agreements Class Action Arbitration Waivers Collective Actions Corporate Counsel Federal Arbitration Act NLRA NLRB Section 7 Wage and Hour

Case Update: Midland Funding v. Madden: The Solicitor General Brief Could Be a Game Changer

In response to a request of the U.S. Supreme Court (discussed here), the U.S. Solicitor General’s Office on Tuesday filed a brief with the Court expressing the U.S. Government’s views on the merits of the claims brought in...more

5/26/2016 - Banking Sector Consumer Lenders Financial Services Industry Madden v Midland Funding National Bank Act OCC Online Marketplace Lending Preemption SCOTUS Solicitor General Usury

Supreme Court Issues Two Decisions That Limit Access to Federal Courts

On May 16, 2016, the United States Supreme Court handed down two decisions that may, in practice, limit the ability to access federal district courts. In Spokeo, Inc. v. Robins, No. 13-1339, 578 U.S. ___ (2016), the Supreme...more

5/18/2016 - 28 USC 1331 Article III Class Action Exclusive Jurisdiction FCRA Federal Jurisdiction Financial Institutions Injury-in-Fact Merrill Lynch Merrill Lynch v Manning Regulation SHO SCOTUS Securities Exchange Act Securities Litigation Spokeo v Robins Standing

CFPB Proposes New Class Action Arbitration Rule: Possible Challenges and Practical Impacts

The U.S. Consumer Financial Protection Bureau (CFPB) yesterday issued a Notice of Proposed Rulemaking that, among other things, would prohibit the use of class action waivers in arbitration clauses in connection with a broad...more

5/6/2016 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Consumer Contracts Consumer Financial Products Dodd-Frank Federal Arbitration Act Financial Services Industry Service Contracts

BREAKING NEWS: Supreme Court Declines to Address the Constitutionality of Securities and Exchange Administrative Forum

On March 28, 2016, the Supreme Court denied a petition for certiorari review brought by Laurie Bebo, the former CEO of Assisted Living Concepts Inc., who challenged the constitutionality of proceedings conducted in an SEC...more

3/31/2016 - Administrative Proceedings ALJ Bebo v SEC Corporate Counsel Dodd-Frank Enforcement Actions Federal Rules of Civil Procedure SEC

Supreme Court Affirms Class Certification and Judgment Predicated upon "Representative Evidence"

On March 22, 2016, the Supreme Court issued a decision permitting class plaintiffs to rely on "representative" or "sample" evidence to satisfy the prerequisites to class certification and certain elements of their claims. ...more

3/31/2016 - Admissible Evidence Class Action Class Certification Daubert Standards Doffing Donning FLSA Rules Enabling Act SCOTUS Statistical Sampling Tyson Foods v Bouaphakeo Unpaid Overtime Wage and Hour

Supreme Court Affirms Class Certification and Judgment Predicated upon "Representative Evidence"

On March 22, 2016, the Supreme Court issued a decision permitting class plaintiffs to rely on "representative" or "sample" evidence to satisfy the prerequisites to class certification and certain elements of their claims. ...more

3/30/2016 - Admissible Evidence Class Action Class Certification Comcast v. Behrend Daubert Standards Doffing Donning Dukes v Wal-Mart FLSA Rule 23 SCOTUS Securities Litigation Statistical Sampling Tyson Foods v Bouaphakeo Wage and Hour

Case Update: Midland Funding v. Madden

The U.S. Supreme Court on Monday issued an order inviting the Solicitor General to provide the views of the United States on whether the Court should grant Midland Funding’s petition seeking review. As discussed in greater...more

3/22/2016 - Consumer Lenders Financial Services Industry Madden v Midland Funding National Bank Act Online Marketplace Lending Preemption SCOTUS Solicitor General

How Will the Passing of Justice Scalia Impact the Supreme Court’s Review of the EPA Clean Power Plan Case?

Last week, we wrote about the Supreme Court's unprecedented issuance of a stay prohibiting the implementation of the "Clean Power Plan" while a judicial challenge to the Plan is pending. The extraordinary stay decision...more

2/18/2016 - Carbon Emissions Clean Power Plan Coal-Fired Generation Corporate Counsel Energy Sector EPA Greenhouse Gas Emissions Power Plants SCOTUS Stays

Supreme Court Stays Clean Power Plan

In a highly unusual action, the United States Supreme Court yesterday issued a stay prohibiting the implementation of the "Clean Power Plan," a final regulation issued by the U.S. Environmental Protection Agency ("EPA") on...more

2/12/2016 - Carbon Emissions Clean Air Act Clean Power Plan Climate Change Coal-Fired Generation Energy Sector EPA Greenhouse Gas Emissions SCOTUS Stays

The Federal Housing Finance Agency Releases Final Rule on Federal Home Loan Bank Membership

On January 12, 2016, the Federal Housing Finance Agency (“FHFA”) issued a final rule establishing new requirements for membership in the Federal Home Loan Banks (“FHLBanks”). The FHLBanks are 11 U.S. government-sponsored...more

1/25/2016 - Banking Sector Captive Insurance Company FHFA FHLB Housing Market Insurance Industry

The Federal Housing Finance Agency Releases Final Rule on Federal Home Loan Bank Membership

On January 12, 2016, the Federal Housing Finance Agency (“FHFA”) issued a final rule establishing new requirements for membership in the Federal Home Loan Banks (“FHLBanks”). The FHLBanks are 11 U.S. government-sponsored...more

1/20/2016 - Banking Sector Captive Insurance Company FHFA FHLB Final Rules Housing Market Insurance Industry Investment

Case Update: Madden v. Midland Funding

As expected, today, November 10, 2015, Midland Funding filed a petition for a writ of certiorari in the United States Supreme Court, asking the Court to review the Second Circuit’s ruling in Madden v. Midland Funding, that...more

11/12/2015 - Assignments Consumer Lenders Madden v Midland Funding Midland Funding National Bank Act Petition for Writ of Certiorari Preemption SCOTUS

Case Update: Madden v. Midland Funding

On May 22, 2015, the U.S. Court of Appeals for the Second Circuit held in Madden v. Midland Funding that the federal preemption provision of the National Bank Act, 12 U.S.C. § 85, could not be invoked by a non-national bank...more

11/9/2015 - Default Financial Institutions Midland Funding National Bank Act SCOTUS Usury

Case Update: Madden v. Midland Funding

Despite the strong petition and amici briefs, the Second Circuit denied the request to rehear the Madden v. Midland Funding case. With the denial of the petition on August 12 (order attached), it is now clear that Madden is...more

8/18/2015 - Appeals Choice-of-Law Interest Rates Loans Midland Funding

United States Supreme Court Poised to Address Standard for Insider Trading Following Second Circuit’s Decision in United States v....

Today, the Solicitor General filed a petition for a writ of certiorari in United States v. Newman, 773 F.3d 438 (2d Cir. 2014), asking the United States Supreme Court to address the standard for insider trading in a...more

8/4/2015 - Best Practices Breach of Duty DOJ Fiduciary Duty Insider Trading Investment Adviser Market Manipulation Material Nonpublic Information Petition for Writ of Certiorari SCOTUS SEC Solicitor General Tippees US v Newman

United States Supreme Court Poised to Address Standard for Insider Trading Following Second Circuit’s Decision in United States...

On July 31, the Solicitor General filed a petition for a writ of certiorari in United States v. Newman, 773 F.3d 438 (2d Cir. 2014), asking the United States Supreme Court to address the standard for insider trading in a...more

8/4/2015 - Breach of Duty DOJ Fiduciary Duty Financial Markets Insider Trading Investment Adviser Material Nonpublic Information Petition for Writ of Certiorari SCOTUS SEC Solicitor General Tippees US v Newman

United States Supreme Court Poised to Address Standard for Insider Trading Following Second Circuit's Decision in United States v....

Today, the Solicitor General filed a petition for a writ of certiorari in United States v. Newman, 773 F.3d 438 (2d Cir. 2014), asking the United States Supreme Court to address the standard for insider trading in a...more

7/31/2015 - Breach of Duty Fiduciary Duty Insider Trading Investment Adviser Personal Benefit Petition for Writ of Certiorari Publicly-Traded Companies SEC Solicitor General Standard of Review Tippees US v Newman

The Supreme Court’s Omnicare Decision: Implications And Remaining Questions Regarding When Opinions Are Actionable Under The...

On March 24, 2015, the Supreme Court issued its much anticipated decision in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, No. 13-435, 2015 WL 1291916 (Mar. 24, 2015). With some significant...more

3/31/2015 - C-Suite Executives False Claims Act (FCA) Material Misstatements Omnicare Omnicare v Laborers District Council Personal Liability Registration Statement SCOTUS Section 11 Securities Act of 1933 Statement of Opinion

The Supreme Court's Omnicare Decision: Implications And Remaining Questions Regarding When Opinions Are Actionable Under The...

On March 24, 2015, the Supreme Court issued its much anticipated decision in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, No. 13-435, 2015 WL 1291916 (Mar. 24, 2015). With some significant...more

3/27/2015 - Good Faith Material Misstatements Omnicare Omnicare v Laborers District Council Public Offerings Reasonableness Factors SCOTUS Section 11 Securities Act of 1933 Securities Fraud Statement of Opinion

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