A Moment of Simple Justice - Ferguson & the Media
A Moment of Simple Justice - Revenge Porn
The Evolution of Informed Consent in U.S. Courts
FCPA Compliance and Ethics Report-Episode 71-World Cup Report-Part IV
Why Does BigLaw Have So Few Black Partners?
Friedman: Abramson Dismissal a 'Teachable Moment' for Companies
New Program Helps Women Lawyers Return to BigLaw
A More Perfect Union: Why Punish Russia for Crimea?
End Game in the Fight Over Same Sex Marriage?
Is Punishment Dead in America?
Annual Labor & Employment Update 2013
NYC Gifted Programs Should Rely on 'Math,' Lawyer Says
Coyle: Robert's SCOTUS Doesn't Respect Congress
Condo Adviser: Condominium Rules and Enforcement
Condo Adviser: Adjacent Development Rights and Objections
Viewer's Guide to Gay Marriage Oral Arguments
Weekly Brief: Are Scholarships a Bait-and-Switch For Law Students?
N.Y. Anti-Terror Law Diminishes Pursuit of Terrorism: Lawyer
Weekly Brief: DOJ Memo Details Justification For Killing US Citizens
Same-Sex Marriage Cases in 90 Seconds
On March 24, 2014, the Fifth Circuit was the first Circuit to directly adopt HUD’s new disparate impact rule. Inclusive Communities Project v. Texas Dep’t of Hous., 2014 WL 1257127 (5th Cir. Mar. 24, 2014). Now, a challenge...more
Slides addressing the management and defense against claims of discriminatory lending and assessing the status of ‘disparate impact’ in Fair Lending litigation and enforcement. ...more
On June 26, two insurance associations filed a lawsuit challenging a rule promulgated earlier this year by HUD that authorizes so-called “disparate impact” or “effects test” claims under the Fair Housing Act....more
On January 2, HUD announced that a lender agreed to settle a claim that it refused to provide FHA financing to a lesbian couple. HUD noted that the agreement is the first enforcement action taken under a rule finalized in...more
Recently, when advising a client who was investigating a complaint of sexual harassment, I had the opportunity to revisit the EEOC’s Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors...more
As we enter 2013, we would like to update you on the importance of reviewing your application, background check procedures, employment policies and employee handbook for compliance with the changing laws in these areas....more
A recent Department of Justice settlement with a debt collection law firm that was accused of violating the Americans with Disabilities Act exemplifies the mounting federal scrutiny of the debt collection industry....more
As part of its aggressive program to protect consumers in financial matters, the Consumer Protection Financial Bureau (CFPB) has announced that it is prepared to adopt a controversial “disparate impact” theory of liability...more
Full text copy of the Consumer Financial Protection Bureau Ombudsman's Office first annual report. From the report:
"The CFPB Ombudsman advocates for a fair process as between consumers, the providers of consumer financial...more
The Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”) celebrated its two-year anniversary this past July. At that time, the Act drew much attention from the media and political pundits because of its...more
On September 24, Representatives Lamar Smith (R-TX), Patrick McHenry (R-NC), and Darrell Issa (R-CA), along with Senator Charles Grassley (R-IA), sent a letter to U.S. Attorney General Eric Holder alleging that Assistant...more
Federal fair lending laws prohibit discrimination in credit transactions. The Equal Credit Opportunity Act (“ECOA”) and the Fair Housing Act prohibit discrimination in mortgage lending on the basis of certain factors...more
On September 18, the U.S. District Court for the District of Massachusetts decertified a class of borrowers who allege that their mortgage lender violated the Equal Credit Opportunity Act and the Fair Housing Act by allowing...more
On September 18, the Federal Financial Institutions Examination Council (FFIEC) released data collected in 2011 under the Home Mortgage Disclosure Act (HMDA)....more
In his remarks last week to the Congressional Black Caucus Foundation, CFPB Director Richard Cordray spoke about the role of the Office of Minority and Women Inclusion (OMWI) that various federal agencies are required to...more
Fair lending is back with a giant thud!
In addition to the regulatory burdens imposed by the Dodd-Frank Act, financial institutions must now adjust to the potential of a new round of discrimination claims that are...more
The Department of Justice's recent announcement that it had settled its case against Luther Burbank Savings challenging Luther's minimum loan amount policy demonstrates the DOJ's continued focus on fair lending. The...more
On August 27, the U.S. District Court for the Southern District of New York approved a settlement between the DOJ and GFI Mortgage Bankers, Inc., a nonbank mortgage lender, resolving allegations that certain of the lender’s...more
The proposed draft of the revised Equator Principles, released on August 13, reflects a greater focus on human rights, with explicit mention of the expectation of human rights due diligence as set forth in the U.N. Guiding...more
On August 10, President Obama signed into law the Iran Threat Reduction and Syria Human Rights Act of 2012 (the Act), which expands and establishes additional sanctions with respect to Iran, including sanctions relating to...more
On August 8, Fannie Mae issued three servicing announcements. The first, Announcement SVC-2012-13, reminds servicers that under the Housing and Economic Recovery Act, Fannie Mae must promote diversity through (i) the...more
Fair and responsible banking risk assessments – by which financial institutions identify, measure, control, and monitor their lending and, more recently, servicing activities to prevent discriminatory, unfair, deceptive,...more
On July 12, the DOJ announced a settlement with a national bank to resolve allegations that the bank engaged in a pattern or practice of discrimination against qualified African-American and Hispanic borrowers in its mortgage...more
Originally published on Independent Bankers Association of Texas (http://www.ibat.org/news/2012/07/02/is-your-atm-a-lawsuit-risk) - July 2, 2012.
You may have missed it last week. Not long after it issued its opinion...more
I recently published an op-ed in The Christian Science Monitor cautioning companies seeking to make investments in Burma (Myanmar) to make sure that the inflow of new investments does not end up harming the country's...more
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