David Christensen

David Christensen

K&L Gates LLP

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Hold On, You Didn’t Overpay for That: Courts Address New “Overpayment” Theory from Plaintiffs in Data Breach Cases

With the ever-increasing amount of personal information stored online, it is unsurprising that data breach litigation has become increasingly common. A critical issue in nearly all data breach litigation is whether a...more

8/11/2016 - Article III Corporate Counsel Cyber Attacks Cybersecurity Data Breach Data Security Hackers Standing Young Lawyers

They’re Just Not That into You: A Brief Summary of How Federal Courts Have Treated the CFPB’s Interpretations of Statutes and...

Since its creation in 2011, the Consumer Financial Protection Bureau (“CFPB”) has exercised its broad authority to regulate a wide swath of the consumer financial services industry. While the CFPB has the authority to engage...more

12/10/2015 - Auer Deference CFPB Chevron Deference Corporate Counsel Financial Services Industry Notice and Comment Popular

Massachusetts Supreme Judicial Court Rejects Municipal Foreclosure Ordinances

Can a Massachusetts municipality impose ordinances on banks that are more onerous than existing statewide law? In a recent landmark decision, the Massachusetts Supreme Judicial Court (“SJC”) answered “no.” In Easthampton...more

1/15/2015 - Banks Foreclosure Local Ordinance Mortgage Lenders Mortgages Municipalities Preemption

Safe Harbor Means Safe Harbor: Sixth Circuit Rejects Any Judicial Deference to HUD’s Sham Affiliated Business Guidelines

Providing clarity in an area of law that had become increasingly muddled over the last two decades, the U.S. Court of Appeals for the Sixth Circuit has issued a decision that clarifies the scope of RESPA’s safe harbor for...more

12/10/2013 - Affiliated-Business Arrangements Fraud HUD RESPA Safe Harbors Scams

Classy Move: The Supreme Court Rebuffs Class Action Forum Manipulation

The U.S. Supreme Court recently issued its first decision reviewing the scope of removal jurisdiction under the federal Class Action Fairness Act (CAFA). In Knowles v. Standard Fire Insurance Co., No. 11-1450 (U.S.), the...more

3/26/2013 - Amount in Controversy CAFA Class Action Damages Jurisdiction SCOTUS

Knowing Where You Are Litigating is Half the Battle: The Supreme Court Hears Oral Argument in Knowles v. Standard Fire Insurance...

Whether a putative class representative can block removal of his case to federal court by stipulating that class damages will not exceed the jurisdictional minimum under the Class Action Fairness Act (“CAFA”) will be...more

2/7/2013 - CAFA Class Action Forum Shopping Jurisdiction Removal SCOTUS Standard Fire

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