Welcome to the 2018 Year-End Report from BakerHostetler’s Financial Services Industry Team . We are pleased to share our analysis of some of the key developments in the financial services industry in 2018 and our expectations...more
3/27/2019
/ Banking Sector ,
Banks ,
Borrowers ,
Consumer Financial Protection Bureau (CFPB) ,
Cryptocurrency ,
Digital Currency ,
Financial Institutions ,
Financial Services Industry ,
FinTech ,
Lenders ,
OCC ,
Payday Loans ,
Virtual Currency
In a unanimous decision, the Supreme Court has limited the reach of its landmark decision in American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974), which tolled the statute of limitations applicable to a timely filed...more
6/13/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
The Spokeo saga continues. As our sister blog, the Data Privacy Monitor, the United States Supreme Court’s May 2016 decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1550 (2016) (Spokeo II) vacated and remanded a Ninth...more
As we reported earlier this year in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016), the Supreme Court held that a putative class action does not become moot when a defendant merely offers a named plaintiff full...more
On September 30, 2015, the U.S. District Court for the District of Wyoming granted a motion for a preliminary injunction preventing enforcement of the U.S. Bureau of Land Management’s (BLM) recently issued hydraulic...more
When New York officially banned hydraulic fracturing in late June 2015, many assumed the long-heated political debate was over and there would be no fracing in New York unless the courts overturned the ban. In less than a...more
In June 2014, the Supreme Court issued its decision in Halliburton Co. v. Erica P. John Fund Inc. (“Halliburton II”), a putative class action in which Halliburton investors alleged that the company made misrepresentations...more
In an April 20, 2015, decision that was highly anticipated by the energy industry, the Colorado Supreme Court rejected a procedural device called a “Lone Pine” order that requires plaintiffs to make a threshold evidentiary...more
On Thursday, January 29, 2015, Pennsylvania’s new governor, Tom Wolf, signed Executive Order 2015-03, thereby reinstating a moratorium on new leases for oil and gas development in state parks and forests. Wolf’s moratorium...more
The week of September 22, the Fort Collins, Colorado, City Council voted to appeal a decision rendered last month that struck down the city’s fracking ban.
In that August 2014 decision, a Larimer County District Court...more
Responding to an invitation to text can satisfy TCPA’s Express Consent Requirement -
In a Telephone Consumer Protection Act (TCPA) putative class action against Coca-Cola and its marketing agent, a Northern District of...more
Faced with the potential for two anti-fracking measures on the Colorado ballot this November, Colorado governor John Hickenlooper and state lawmakers have been working for weeks to develop a legislative compromise to avoid...more
7/22/2014
On June 18th, Antero Resources Corp., Antero Resources Piceance Corp, Calfrac Well Services Corp, and Frontier Drilling LLC filed their Opening Brief before the Colorado Supreme Court in a “toxic tort” case concerning...more
Yesterday, the California State Senate rejected a bill that would have put a moratorium on fracking until a state-commissioned study determined that it was safe. The bill, Senate Bill 1132, would have prohibited all “well...more
The Colorado House of Representatives passed a bill yesterday that would require a study of the health impact of fracking in Colorado. The bill, House Bill 1297, passed with all Democratic Representatives, and one Republican...more
On March 12, 2014, the Wyoming Supreme Court issued a highly anticipated ruling in a case concerning the scope of trade secret protection available to exempt certain fracking chemical information—which Wyoming requires to be...more
On Wednesday, the Bureau of Safety and Environmental Enforcement (BSEE) confirmed that it approved three fracking plans on a platform roughly nine miles off the California shore in the Santa Barbara Channel. The BSEE, which...more
On January 21, 2014, objectors to a class action settlement over contamination from Monsanto Agent Orange herbicide filed a Petition for Writ of Certiorari with the Unites States Supreme Court. The Petition asked the Court to...more
The Florida House Agriculture and Natural Resources Subcommittee voted 8-4 on Tuesday in support of two bills that would require disclosure of chemicals used in fracking. While not as shale rich as its neighboring states to...more
The Denver-Julesburg (DJ) Basin, which covers northeastern Colorado and parts of Wyoming, Nebraska, and Kansas, is expected to continue as a booming oil and gas play into 2014 and beyond. In 2012, increased drilling in the...more
According to the Baker Hughes Rig Count, Texas still leads the nation in number of drilling rigs with 821 rigs compared to 176 in its closest U.S. rival state. With 821 rigs, Texas alone comprises 47% of U.S. rigs and 24% of...more
After five years of “health impact analysis” on the effects of fracking, the New York State Department of Health (“NYSDOH”) has still offered no timeline for completion of the study. The NYSDOH study was commissioned by the...more
On September 18, 2013, the Highland Park Borough Council passed the first local ban on fracking in New Jersey. Highland Park, like most of New Jersey, has seen no fracking activity to date. And the 14,000-person borough has...more
On August 1, 2013, the Colorado Oil and Gas Conservation Commission adopted new setback regulations that threaten to increase the backlog of permit applications at the Commission....more
Class actions under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, continue to be an active trend in consumer and privacy class action litigation. The TCPA, which was historically called the "fax blast"...more