Commercial Law & Contracts, Civil Remedies, Administrative Law

Is the Fed's Settlement with Mortgage Servicers Good for the Market?

by Donald Rea | Saul Ewing LLP on 1/17/2013

On January 7, 2013, the Office of the Comptroller of the Currency (OCC) and the U.S. Federal Reserve Board announced an $8.5 Billion settlement with 10 of the nation's top residential loan servicers ending independent...more

IRS "Fresh Start Program" Offers More Taxpayers Greater Opportunity to Resolve IRS Debts

by Mary Beth Lee | Duane Morris LLP on 1/16/2013

If you currently owe back income and/or payroll taxes, the Internal Revenue Service's (IRS) recently initiated "Fresh Start Program" may now make either (1) the installment agreement or (2) an Offer in Compromise (OIC) a more...more

Big Year For Published Eminent Domain Decisions

by Brad Kuhn, Rick Rayl | Nossaman LLP on 1/15/2013

Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more

Federal Reserve Announces Another Major Cash Settlement with Mortgage Servicers: $8.5 Billion to be Paid in Cash, Used to Help...

by Rosa Eckstein Schechter on 1/15/2013

In a joint press release issued by the Federal Reserve and the Office of the Comptroller of the Currency, news this past week is that 10 mortgage servicers around the country have entered into a settlement agreement with the...more

Revised law is new paint job for construction remedies

by William "Fritz" D. Pahland | Miller Starr Regalia on 1/11/2013

Originally published in the San Francisco Daily Journal - December 26, 2012. If the sudden 2008 credit crunch can be likened to an earthquake, then the following flood of mechanics lien and stop payment notice...more

Possible New Defenses for ATM Suits

by William Frank Carroll, Cary Plotkin Kavy, Karen Neeley | Cox Smith on 1/5/2013

Bankers received a Christmas present on December 20, 2012 when President Obama signed H.R. 4367, which eliminates the requirement for physical notices on ATMs regarding fees. That information is already disclosed onscreen,...more

Michigan Passes Revised Uniform Arbitration Act

by Richard Hooker | Varnum LLP on 1/2/2013

Michigan's "bare bones" arbitration laws have been given more definition by legislation passed in the recent lame duck legislative session. The new statute, effective July 1, 2013 deals with virtually the full spectrum of...more

California Law Soon To Require Written Contracts For Employees Paid On Commission (AB 1396; Cal. Labor Code § 2751)

by Bruce Michael Cross, Lauren T. Howard, Jenica D. Mariani | Perkins Coie on 12/28/2012

On January 1, 2013, all employers with employees in California who are paid by commission will be required to have written contracts with those employees. This law is a significant departure from the previous law, which only...more

A CFPB Christmas carol: first coordinated action with states

by Keith R. Fisher | Ballard Spahr LLP on 12/28/2012

In the first action of its kind since the agency’s creation, the CFPB, Attorneys General from New Mexico, North Carolina, North Dakota, and Wisconsin, and the Hawaii Office of Consumer Protection joined forces to enjoin a...more

American Samoa Government and EEOC Settle Age Discrimination Suit

by U.S. Equal Employment Opportunity Commission... on 12/21/2012

U.S. Territory Will Provide Anti-Discrimination Training & Relief, Settling the Federal Agency's First Lawsuit in American Samoa - PAGO PAGO, American Samoa - The U.S. Equal Employment Opportunity Commission (EEOC) today...more

Fannie Mae Updates Maximum Allowable Attorney Fees, Provides Standard Short Sale FAQs

by BuckleySandler LLP on 12/18/2012

On December 13, Fannie Mae issued Servicing Guide Announcement SVC-2012-26 to update the maximum allowable foreclosure attorney fees for mortgage loans, participation pool mortgage loans, and MBS mortgage loans serviced under...more

Court Decision on Loss of Goodwill Results in Sour Grapes for Business Owners

by Brad Kuhn, Ben Rubin | Nossaman LLP on 11/29/2012

California is one of only a few states in which a business may recover for loss of goodwill when property is taken by eminent domain, but even here there are limitations on a business' right to recover for such damages. ...more

SEC Releases Whistleblower Program’s 2012 Annual Report

by Ropes & Gray LLP on 11/20/2012

On November 15, 2012, the Securities and Exchange Commission (“SEC” or the “Commission”) released its Annual Report on the Dodd-Frank Whistleblower Program (the “Report”). The Report – which was prepared by the Commission’s...more

Legal Alert: Congress Approves Legislation Expanding Federal Whistleblower Protection Act

by FordHarrison on 11/19/2012

Executive Summary: On November 14, 2012, the Senate passed the Whistleblower Protection Enhancement Act (WPEA) of 2012. The House previously approved the Act, and President Obama is expected to sign it into law. The Act...more

SEC Releases First Full-Year Report on the Dodd-Frank Whistleblower Program: No Speedy Recoveries for Whistleblowers

by Rachel Coe, Mike Delikat | Orrick, Herrington & Sutcliffe LLP on 11/16/2012

On November 15, 2012, the Securities and Exchange Commission released its Fiscal Year 2012 Annual Report on the Dodd-Frank Whistleblower Program (the “Report”), the first full-year report issued since the enactment of...more

California Drops the Hammer on First Carbon Auction Despite New Lawsuit

by Peter Hsiao, Sue Landsittel, William Sloan, Michael Steel | Morrison & Foerster LLP on 11/15/2012

The California Air Resources Board (CARB) proceeded today with the inaugural carbon allowance auction for its impending “cap-and-trade” greenhouse gas (GHG) emissions regulation program, despite a lawsuit filed yesterday by...more

Chamber Challenges Today’s GHG Emissions Auction in California

by Allison Davis | Davis Wright Tremaine LLP on 11/15/2012

California’s largest business lobby filed a lawsuit yesterday seeking to invalidate California’s first greenhouse gas (GHG) emissions allowance auction scheduled for today....more

Is interest still interesting for the commodities sector?

by Pryderi Diebschlag, Kyri Evagora, Paul Skeet | Reed Smith on 11/14/2012

Introduction - The current economic climate has highlighted the importance of cash-flow for businesses in the commodities sector. Fluctuations in the value of commodities may represent significant opportunities for...more

CARB Sued on Cap and Trade Revenues on Eve of First Auction

by Jon Costantino, Marc D. Luesebrink | Manatt, Phelps & Phillips, LLP on 11/14/2012

It has been rumored for weeks that a Cap and Trade lawsuit was imminent. The questions were: who would file the lawsuit, when, and on what grounds? Those questions were answered, at least in part, today. The case is...more

Food Litigation Newsletter - November 2012

by Perkins Coie on 11/8/2012

This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. We welcome your comments. For a subscription to the electronic copy with links to...more

Federal Court Ruling Validates Industry Concerns with CPSC Database

by Morrison & Foerster LLP on 11/1/2012

The Consumer Product Safety Commission’s (“CPSC”) product safety database suffered its first successful legal challenge in a recent ruling by a Maryland federal judge. U.S. District Judge Alexander Williams Jr.’s opinion in...more

SEC’s Conflict Minerals Rule Challenged

by Foley Hoag LLP on 10/26/2012

On October 19, 2012, the National Association of Manufacturers and the U.S. Chamber of Commerce petitioned the D.C. Circuit Court of Appeals to request that the SEC’s scheme of disclosure related to so-called “conflict...more

Proposed NJ Law Would Impact Certain Independent Contractors

by FordHarrison on 10/17/2012

Executive Summary: On September 27, 2012, two members of the New Jersey Assembly introduced Assembly Bill 3310, which authorizes the New Jersey Department of Labor and Workforce Development (NJDOL) to investigate, mediate...more

California Homeowner Bill of Rights

by Miller Starr Regalia on 10/10/2012

The California Homeowner Bill of Rights, which the California Senate and Assembly enacted on July 2, 2012, was very recently signed into law by the Governor on July 12, 2012 (“The Act”). These new foreclosure laws will not...more

An Individualized Motor Vehicle Recall Information Database? Will OEMs and Suppliers Get the Bill?

by Dickinson Wright on 9/13/2012

An Overview of Proposed Amendments to Defect Notification and Early Warning Reporting Regulations Tucked away in the recently enacted 584 page "Moving Ahead for Progress in the 21st Century Act" is a small provision...more

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Commercial Law & Contracts › Civil Remedies › Administrative Law