Latest Publications

Share:

Revival of Time-Barred Zombie Mortgages May Come Back to Haunt Debt Collectors

Last month, the Consumer Financial Protection Bureau (CFPB) issued an advisory opinion on the attempted enforcement of time-barred alleged debt collection rights as to second mortgage loans. It is a violation of the Fair Debt...more

SEC’s Regulatory Authority over Crypto Assets Questioned

The regulatory authority of the U.S. Securities and Exchange Commission (“SEC”) over the cryptocurrency industry has recently been challenged on a couple of fronts. One involves a lawsuit filed by the SEC against a Utah-based...more

No, We Are Still Not Done With Indemnification Claims Arising from 2000s Residential Mortgages

If you thought we were finally done with indemnification litigation focused on residential mortgages originated before the financial crisis of 2007-2008, think again. Over the past year, the Federal Deposit Insurance...more

Financial Institutions Voice Strong Opposition to CFPB’s Credit Card Late Fee Proposal

In February, the Consumer Financial Protection Bureau (CFPB) proposed amending the Federal Reserve Board’s Regulation Z with respect to the amount of fees that credit card issuers are permitted to charge their customers for...more

New York’s CRPTO Act – the Most Comprehensive Set of Regulations yet on Cryptocurrency

On May 5, 2023, New York Attorney General Letitia James announced the Crypto Regulation, Protection, Transparency, and Oversight (“CRPTO”) Act, which aims “to protect customers and investors in digital assets from fraudulent...more

U.S. Supreme Court to Decide Future of ADA Hotel Litigation

Earlier this week, the U.S. Supreme Court announced it will hear the case of Acheson Hotels, LLC v. Laufer  and finally resolve the question of whether “tester” plaintiffs have standing to sue a hotel company that fails to...more

RMBS and Buyback Litigation: As Some Aged Claims Get Resolved, Are More On The Way?

The recent surge in residential mortgage buyback demands by Freddie Mac, among others, has a number of industry analysts bracing for a new wave of indemnification claims and put-back attempts against correspondent lenders and...more

Fintechs Face DOJ, House Scrutiny Over PPP Lending

In a June 3, 2022 court filing, Kabbage, Inc. (doing business as KServicing), a fintech lender, disclosed that it is under investigation by the U.S. Department of Justice (“DOJ”) under the False Claims Act. The investigation,...more

Crypto Litigation Claims, Defenses Industry Should Watch

Cryptocurrency companies face a steadily growing number of lawsuits, adding to a list of recent headaches for their industry. That list includes steep recent declines in investment value and a high probability of new...more

Banking Groups Protest Against Expected ESG Regulations

We’ve provided insights previously about increased regulatory and litigation activity related to Environmental, Social and Governance (ESG) disclosures by companies to current and prospective investors. For those not yet...more

Crypto Companies, Investors Await Looming Regulations and Litigation Resolutions

A staggering decline in value is not the only recent source of significant concern for cryptocurrency companies. In remarks made at the annual meeting of the Financial Industry Regulatory Authority (FINRA) earlier this month,...more

SEC Proposes Rules Governing SPACs and De-SPAC Transactions

The Special Purpose Acquisition Company (“SPAC”) market is facing both a new set of rules and amendments to rules already in place under the Securities Act of 1933 and Securities Exchange Act of 1934.  Last month, the U.S....more

The Crackdown on Digital Redlining

The Robert Wood Johnson Foundation, a non-profit focused on fostering healthy communities, defines digital redlining as “major network providers systematically excluding low-income neighborhoods from broadband service –...more

Delaware Court Upholds “Sandbagging,” But Policy Concerns Linger

It’s a situation that, at least theoretically, could happen many times every business day, all across the country, given how often businesses choose to have Delaware law apply to their contracts. A party (the seller or...more

Data Privacy Legislation Stalls Again in Florida Legislature

Florida ends its legislative season without consumer data privacy legislation. Two legislative bills, SB 1864 and HB 9, were “indefinitely postponed and withdrawn from consideration.” Companies doing business in Florida can...more

Rulings on Standing and Statute of Limitations Deliver Huge Blow to RMBS Investors

Last week, the U.S. District Court for the Southern District of New York dealt a major blow to mortgage investors in two parallel actions pending for the past few years. The impact proved to be fatal to one of the actions,...more

“Crypto-Mortgage”- Do the Benefits Outweigh the Risks?

Cryptocurrency continues to gain traction as a means of payment for goods and services. It recently made its debut appearance in the mortgage industry, as the concept of a “crypto-mortgage” came to life. A Miami-based...more

2022 Guide to Developing and Investing In South Florida Real Estate: What Out-of-State and Overseas Investors Need to Know

Estimates suggest that 1,000 people are moving to Florida each day, with most of them heading to South Florida. For developers and investors lured by the meteoric growth and favorable business conditions, it’s crucial to...more

Cryptocurrency Primer

We’ve previously written about the push for greater regulation of digital currency and a growing number of lawsuits targeting cryptocurrency companies and their celebrity endorsers. Notwithstanding cryptocurrencies’...more

Breach of Contract Claim Will Proceed in Tuition Refund Case

In previous posts, we reported on several of the many lawsuits across the country in which students have sued their colleges and universities for tuition reimbursement as a result of not receiving certain services during (in...more

New Lawsuits Target Cryptocurrency Companies and Their Celebrity Endorsers

We highlighted in a recent post regulators’ clear intentions to bring greater order to the cryptocurrency industry this year. The last three weeks have demonstrated that private litigants are not waiting on regulators to rein...more

Recent Settlements and Penalties Show Perils of Data Breaches

Two major U.S. financial institutions, Morgan Stanley and Capital One, recently agreed to resolve separate class action lawsuits by paying, in the aggregate, hundreds of millions of dollars in compensation for massive data...more

Are We Done With B2B Lawsuits About Residential Mortgages From the 2000s?

2021 provided some long-awaited new exit ramps off the long and winding road of business vs. business residential mortgage litigation stemming from the 2007–08 financial crisis. A multitude of recent settlements has left that...more

Keeping Up with OSHA’s COVID-19 “Vaccine-or-Test” Mandate in 2022

On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an emergency temporary standard (“ETS”) that implemented a “vaccinate-or-test” mandate for large, private employers. The ETS spurred a...more

Regulators Gallop To Cryptocurrency's "Wild West"

Even enthusiastic participants in the booming cryptocurrency sector have at times described it as having a distinctly “Wild West” feel at this relatively early stage of its development. Lately, though, there has been no...more

177 Results
 / 
View per page
Page: of 8

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide