David Elliott

David Elliott

Burr & Forman

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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

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 - 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

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

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

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

Litigation Exposure Under The 2013 Dodd-Frank Mortgage Servicing Regulations

In This Issue: - Introduction - Potential Litigation Exposure Under the New Mortgage Servicing Regulations Governing Responses to Borrower Inquiries ..Which of the New Servicing Regulations Governing Responses...more

11/8/2013 - Borrowers CFPB Dodd-Frank Dual Tracking Restrictions FDCPA Foreclosure Loss Mitigation Mortgage Loan Servicing Standards Mortgages RESPA Truth in Lending Act (TILA)

Banking & Financial Services E-Note: August 29, 2013

In This Issue: - World Leaders to Crack Down on Shadow Banking Industry - Obama Urges Lawmakers to Get Busy Finishing Dodd-Frank Rules - CFPB, RICO Pressure Big Banks to Rein in Credit Card Debt - States...more

8/30/2013 - Barack Obama CFPB Credit Cards Debt Dodd-Frank HIPAA Internet Lenders Libor Non-Compete Agreements Payroll Cards RICO Shadow Banking Too Big to Fail

Banking & Financial Services E-Note - July 31, 2013

In This Issue: - Fed "Reviewing" Banks' Trading in Physical Commodity Markets - Senate Passes Student Loan Bill With House Expected to Follow Suit - Senators Introduce 21st Century Glass-Steagall Act -...more

8/1/2013 - Bank Holding Company Basel III CFPB Dodd-Frank Federal Reserve Glass-Steagall Act GMAC Payroll Cards Student Loans

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

In This Issue: - Recent Cases ..Dodd-Frank Act Amendments to RESPA ..Amendments to Preemption Standards ..Whistleblower Protection ..SEC Final Rule Pursuant to Dodd-Frank Act Vacated ...more

7/31/2013 - Basel III CFPB Dodd-Frank FDIC Federal Reserve Garnishment Mortgages New Regulations Preemption RESPA SEC SIPA Truth in Lending Act (TILA) UDAAP Whistleblowers

Banking & Financial Services E - Note - May 30, 2013

In This Issue: - New Suits Filed as Credit Card Swipe Fee Settlement Deadline Looms - Sec. Lew Tells Senate Committee of Plans to Accelerate Dodd-Frank - New Mortgage Rule to Block Access to Credit, Witnesses...more

6/3/2013 - Background Checks CFPB Credit Cards Credit Unions Dodd-Frank FCRA Fees Jacob Lew Loans Mortgages Retailers Student Loans

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