David Elliott

David Elliott

Burr & Forman

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Latest Publications


Banking & Financial Services E-Note - April 2016

In March 2016, the U.S. Court of Appeals for the Seventh Circuit ruled that a landlord may be liable to a debtor’s bankruptcy estate for the value of a lease the debtor terminated early, holding the termination may be an...more

5/4/2016 - Banking Sector C-Suite Executives Civil Investigation Demand Commercial Bankruptcy Commercial Leases Cybersecurity Data Breach Dodd-Frank Executive Compensation Wage and Hour

Banking & Financial Services E-Note - March 2016

Within Burr & Forman's footprint, Florida, Mississippi, and Tennessee have passed statutes exempting Health Savings Account ("HSA") contributions from a debtor's bankruptcy estate. To date, the state of Georgia has not passed...more

3/30/2016 - BSA/AML Chapter 7 Consumer Bankruptcy Contract Waiver FCCPA FinCEN Foreclosure Health Savings Accounts Individual Accountability Investment Adviser Unfair or Deceptive Trade Practices White Collar Crimes Yates Memorandum

Southern District of New York Weighs In on Preemption Under the Dodd-Frank Act

In Edwards v. Macy’s, Inc., — F. Supp. 3d —, 2016 WL 922221 (S.D.N.Y. Mar. 9, 2016), the U.S. District Court for the Southern District of New York recently held that state law claims arising from plaintiff’s enrollment in a...more

3/24/2016 - Banks Dodd-Frank Financial Transactions Macy's National Bank Act OCC Preemption

Banking & Financial Services E-Note - January 2016

In Deutsche Bank Nat’l Trust Co. v. Estrella Perez, et al., No. 3D15-58, 2015 WL 8347002 (Fla. 3d DCA Dec. 9, 2015), Florida’s Third District Court of Appeal held that the trial court erred in dismissing a foreclosure case on...more

1/29/2016 - Banking Sector Bankruptcy Code Deutsche Bank Dodd-Frank FDCPA FIRPTA Foreclosure Mortgages Reporting Requirements Withholding Requirements

Dodd-Frank News: January 2016: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more

1/28/2016 - Anti-Retaliation Provisions CARD Act CFPB Debt Collection Dodd-Frank FDCPA FTC HMDA Popular Regulation Z RESPA SEC Threshold Requirements Truth in Lending Act (TILA) Whistleblowers

Banking & Financial Services E-Note - November 2015

In an article published on November 5, 2015 by Law360, Nick Agnello provides insight on a recent landmark decision by the Eleventh Circuit, and how it is creating a body of case law empowering local governments to bring...more

11/23/2015 - Debt Collection Dodd-Frank Fair Housing Act (FHA) Federal Student Aid Financial Sector Unfair or Deceptive Trade Practices

Banking & Financial Services E-Note - April 2015

In This Issue: - Insuring Against Data Breaches - Plaintiff in Foreclosure Action Snared by Evidence of Damages, Attorneys' Fees & Costs - Dodd-Frank Act Update April 2015 Edition - Bond Financing:...more

4/28/2015 - Attorney's Fees Basel Committee Bond Financing Community Banks Cyber Insurance Cybersecurity Data Breach Dodd-Frank FDIC Financing Foreclosure Manufacturers PayPal SEC

Banking & Financial Services E-Note - February 2015

In This Issue - - Coquina Investments v. TD Bank: Examining a Non-Party’s Invocation of the Fifth Amendment - SideBAR - Dodd-Frank Act Update Financial Fraud Law Report - Post-Crawford FDCPA Claim...more

3/2/2015 - Banking Sector Banks Dodd-Frank FDCPA Fifth Amendment Financial Institutions

Banking & Financial Services E-Note - October 2014

In This Issue: - Obama Issues Order to Improve Data Security - Fed Official Calls for U.S. to Stop Bailing Out Banks - Global Regulators Crack Down on Shadow Banking to Curb Risks - CFPB Reports...more

10/28/2014 - Apple Apple Pay Banking Sector Banks Barack Obama CFPB Cybersecurity Executive Orders Federal Reserve Financial Institutions Shadow Banking Student Loans

Banking & Financial Services E-Note - July 2014

In This Issue: - New Rule Will Require Banks to Provision for Bad Loans Earlier - Four Years After Dodd-Frank, Law Still Unfinished - Senate Panel to Review Borrowing of 'Too Big to Fail' Banks - Community...more

8/8/2014 - Banks CFPB Community Banks Dodd-Frank Federal Reserve Loans Marijuana Prepaid Payment Products Too Big to Fail TRIA

Dodd-Frank News: July 2014 Dodd Frank Wall Street Reform and Consumer Protection Act Update

In This Issue: - Recent Cases ..RESPA ..FDCPA ..TCPA ..FCCPA & FDCPA ..TILA - In The News ..CFPB to Begin Collecting Complaints Regarding Prepaid Cards ..CFPB Proposes Letting...more

8/1/2014 - Assisted Living Facility CFPB Cybersecurity Data Protection Debt Collection Dodd-Frank FCCPA FDCPA FFIEC FHFA Financial Regulatory Reform OCC Prepaid Payment Products Regulation Z RESPA TCPA Truth in Lending Act (TILA)

Banking & Financial Services E-Note

In This Issue: - Appeals Court Says Dodd-Frank Clause Violates 1st Amendment - Basel Committee Eases Derivatives Rule for Banks - CFPB Revises International Money Transfer Rule - AG Seeks More Enforcement...more

5/1/2014 - Banks Bitcoin CFPB Cyber Attacks Cybersecurity Data Protection Derivatives Dodd-Frank Fair Housing Act (FHA) First Amendment Money Transfer Retailers

Banking & Financial Services E-Note - March 27, 2014

In This Issue: - SEC Considers New Funding Rules for Shadow Banking System - Judge Backs FTC Authority to Pursue Payday Lenders - Regulator Estimates Volcker Rule Could Cost Banks Up to $4.3B - Appeals Court...more

3/28/2014 - Banks CFPB Cyber Attacks Debit Cards Debt Collection FTC Payday Loans SEC Volcker Rule

Dodd-Frank News - March 2014: Dodd-Frank Wall Street Reform And Consumer Protection Act Update

In This Issue: - Recent Cases January Through March 2014 ..Dodd-Frank Amendments to RESPA ..Dodd-Frank Prohibition on Arbitration Clauses ..Whistleblower Protection Under Dodd-Frank - News &...more

3/27/2014 - Arbitration Arbitration Agreements Banks CFPB Community Banks Credit Reports Debt Collection Dodd-Frank Fannie Mae Financial Regulatory Reform HUD Money Transfer Mortgages RESPA Stress Tests Whistleblower Protection Policies Whistleblowers

Banking & Financial Services E-Note - January 31, 2014

In This Issue: - DOJ Weighs Action Against Banks Over Payday Lending Business - More Regulatory Scrutiny Causing Banks to Pass on LBOs - Officials to Issue New Rules on Banks Holding Marijuana Funds - Fed...more

2/4/2014 - ATMs Banks CFPB Commodities Compliance DOJ Financial Regulatory Reform Mortgages Payday Loans Qualified Mortgage Rule

Dodd-Frank News: January 2014: Dodd-Frank Wall Street Reform And Consumer Protection Act Update

In This Issue: - Recent Cases ..Dodd-Frank Prohibition on Yield Spread Premiums ..Dodd-Frank Prohibition on Arbitration ..Whistleblower Protection Under the Dodd-Frank Act ..Dodd-Frank Amendments to...more

2/3/2014 - Arbitration CFPB Compliance Dodd-Frank ECOA RESPA Whistleblower Protection Policies Whistleblowers

Banking & Financial Services E-Note - December 19, 2013

In This Issue: - Several Swiss Regional Banks to Cooperate with U.S. Tax Rules - Volcker Rule Approved by Federal Regulators - Treasury Secretary Sets Goal of Foreign Bank Reform in 2014 - Largest Mortgage...more

12/27/2013 - Banks CFPB Compliance Cyber Attacks Cybersecurity Financial Regulatory Reform Foreign Banks Income Taxes International Tax Issues Mortgages Payday Loans Student Loans Subpoenas Volcker Rule

Health Care E-Note - December 2013

In This Issue: - 2014 Expected to Bring Big Changes for Health Care Industry - GlaxoSmithKline to Stop Linking Drug Reps' Pay to Prescriptions - Lawmakers Consider Mental Health Crisis Act of 2013 - Congress...more


Dodd-Frank News: November 2013: Dodd-Frank Wall Street Reform And Consumer Protection Act Update

In This Issue: - Recent Cases ..Dodd-Frank Prohibition on Arbitration ..Statutory Damages Under TILA ..Preemption ..Declaratory Relief ..HAMP Claims ..Constitutional Challenge to...more

11/25/2013 - Arbitration Automotive Loans Cease and Desist CFPB Debt Collection Declaratory Relief Dodd-Frank Elder Issues HAMP Mortgages Preemption Remittance Transfer Rule RESPA Richard Cordray Truth in Lending Act (TILA) Whistleblowers

Banking & Financial Services E-Note - November 21, 2013

In This Issue: - CFPB Prepares New Rules Restricting Debt Collectors - CFPB, DOJ Team to Investigate Auto Dealers Over Financing Bias - CFPB Investigating Credit Card Rewards Programs - Consideration of...more

11/22/2013 - Automotive Loans CFPB Credit Cards Debt Collection DOJ Rewards Programs Student Loans Students

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