Jon Eisenberg

Jon Eisenberg

K&L Gates LLP

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A Hard Rain Has Started to Fall, A Product-by-Product Review of the CFPB’s First 60 Enforcement Actions

Between July 17, 2012 and October 9, 2014, the Consumer Financial Protection Bureau brought 60 enforcement actions. According to our unofficial tally, they resulted in settlements requiring the payment of $2.2 billion in...more

11/14/2014 - Automotive Loans CFPB Checking Accounts Civil Monetary Penalty Credit Cards Debt Collection Enforcement Actions Higher-Priced Mortgage Loans Mortgage Servicers Payday Loans Referral Fees Student Loans

Successful Motions to Dismiss Securities Class Actions, A Review of What Worked in 2014

Motions to dismiss have been called “the main event” in securities class actions. They are filed in over 90% of securities class actions and they result in dismissal close to 50% of the time they are filed. In contrast, out...more

11/10/2014 - Class Action Class Certification Defense Strategies Motion to Dismiss Securities Securities Act of 1933 Securities Exchange Act Settlement

Hedge Funds and Material Nonpublic Information: The Role of Deception, Duty, Breach, Personal Benefit and Knowledge in Creating...

The last thing hedge funds need is another wake up call about the risks of liability for trading on the basis of material nonpublic information. But if they did, a July 17 article in the Wall Street Journal would provide it....more

7/25/2014 - Breach of Duty Conflicts of Interest Corporate Counsel Fiduciary Duty Hedge Funds Material Nonpublic Information SEC

Individual Liability in CFPB Enforcement Proceedings

To date, the CFPB has brought 12 cases—out of more than three dozen total CFPB enforcement cases—in which it named individuals as defendants or respondents liable for violations of consumer protection statutes. Below, we...more

5/29/2014 - C-Suite Executives CFPB Consumer Protection Act D&O Insurance Debt-Relief Industry Directors Dodd-Frank DOJ Enforcement Enforcement Actions Independent Contractors Liability Liability Insurance Partnerships Personal Liability RESPA Shareholders U.S. Treasury

Surviving in an Age of Individual Accountability: How Much Protection Do Indemnification and D&O Insurance Provide?

We consider below how advancement of legal fees, indemnification, and insurance operate when officers and directors become involved in regulatory investigations and proceedings. Part I addresses the enhanced risk officers and...more

5/24/2014 - Bylaws Corporate Officers Corruption D&O Insurance Directors Government Investigations Indemnification Individual Accountability Legal Costs SEC

Allegations Of Collusion Among Financial Institutions—Where We’ve Been, Where We Are, What We’ve Learned

Over the last 15 years, financial institutions have paid billions of dollars to settle claims that they colluded with each other. Below, we discuss four separate matters, beginning with the Nasdaq spread cases in the late...more

4/1/2014 - CFTC Class Action Collusion DOJ FBI Financial Institution Liability Foreign Exchanges Municipal Bonds Nasdaq SEC

We’ve Only Just Begun - Lessons From the CFPB’s First 35 Enforcement Cases

Few agencies have generated as much controversy as the Consumer Financial Protection Bureau. The brainchild of Senator Elizabeth Warren when she was still a professor and the product of the Dodd-Frank Wall Street Reform and...more

3/7/2014 - CFPB Cordray Dodd-Frank Elizabeth Warren Fair Lending SEC Unfair or Deceptive Trade Practices

Brother Can You Spare $8.9 Billion? Making Sense of SEC Civil Money Penalties

If you or your company has ever been involved in a long SEC enforcement investigation, you’ve probably gone through the five stages of grief?denial that you did anything wrong, anger that the enforcement lawyers are pursuing...more

2/13/2014 - Civil Monetary Penalty DOJ Enforcement Actions SEC

In Mary Jo White’s Own Words: Ten Changes to Expect from the SEC’s New Enforcement Program

Investors, borrowers, financial institutions, and the economy were not the only casualties of the financial crisis. Regulators were casualties too, and the SEC was one of the hardest hit. Two Harris Polls—one conducted in...more

1/14/2014 - Compliance Enforcement Mary Jo White SEC

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