Criminal Law Consumer Protection Civil Procedure

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U.S. v. Microsoft – What you need to know about one of the most important privacy cases of the decade

The U.S. Court of Appeals for the Second Circuit has in its hands one of the most closely-watched privacy cases in recent memory. U.S. v. Microsoft addresses an issue of critical importance to U.S. businesses — whether...more

Raising the Stakes for AML Compliance Officers: Court Refuses to Rule Out Potential Liability for Role in Employer's BSA...

Why it matters - A federal court judge in Minnesota has rejected the motion of a former chief compliance officer to dismiss the U.S. government's claim that he is liable under the federal Bank Secrecy Act for his...more

Texas AG Hits Deep in the Heart of DFS

On January 19, 2016, the Texas AG issued an opinion that paid Daily Fantasy Sports (DFS) are illegal under Texas law, but noted that “traditional” fantasy sports leagues are, as a general rule, legal under Texas law. In so...more

Mild, Medium or Spicy?—Unwrapping the Chipotle Investigation

Right before Thanksgiving 2015, the news was replete with discussion of outbreaks of E. coli and potential other viruses at Chipotle restaurants. Information concerning the possible danger in consuming food at the popular...more

"Phantom" Debt Collectors Actually Sued by FTC, Banned From Business

Why it matters - The operators of a scam that processed more than $5.2 million in payments from consumers for payday loans that were not owed to the operators are now banned from the debt collection business, the Federal...more

Another Blow to Call Recording Class Actions

Back in February, the California Court of Appeal in Hataishi v. First American Home Buyers Protection Corp., 223 Cal. App. 4th 1454 (Feb. 21, 2014), dealt a significant blow to call recording class actions across California. ...more

Food and Beverage News and Trends

GMA, others say 2009 FDA guidance on use of the term “evaporated cane juice” has caused chaos in food industry. In 2009, the FDA told manufacturers not to use the term “evaporated cane juice” on the grounds that the...more

Sharon Bell v. Igal Feibush

Opinion -- California Court of Appeal Permits Treble Damages for Failure to Repay Loan

Court of Appeal affirmed trial court's determination that making a loan based on a false promise to repay amounted to theft by false pretense, and Penal Code 496 therefore applied, entitling the victim to recover treble...more

Poker Gaming Act of 2013: State of Texas Bill (HB 292 filed 12/17/2012)

POKER GAMING ACT OF 2013 -- State of Texas Bill relating to the authorization and regulation of poker gaming and the duties of the Texas Lottery Commission; providing civil and criminal penalties. HB 292 Legislative Session:...more

CFPB's Company Portal for Consumer Complaints

Last year, we notified you about the Company Portal Manual (Manual) issued by Consumer Financial Protection Bureau (CFPB). The Manual gave instructions on the use of the special access portal, known as the Company Portal...more

Interview: Anti-Money Laundering Program for Nonbanks

Monday, August 13, 2012, marks the commencement of the Anti-Money Laundering Program. Specifically, this is the effective date for implementing the regulatory compliance requirements for Residential Mortgage Lenders and...more

PETITION FOR REMISSION OR MITIGATION OF A CRIMINAL OR CIVIL FORFEITURE ACTION BY THE UNITED STATES DEPARTMENT OF JUSTICE

PETITION FOR REMISSION OR MITIGATION OF A CRIMINAL OR CIVIL FORFEITURE ACTION BY THE UNITED STATES DEPARTMENT OF JUSTICE - *USDOJ Note: This is a sample to assist potential petitioners. There is no legal form or...more

Criminal Code Used in Civil Action to Recover Triple Damages and Attorney Fees

When is a breach of contract also fraud? When the party never intended to perform. So how do you get into the mind of the defendant to determine if he intended to perform when he signed the agreement? Thankfully,...more

Whistleblower Must Provide Information to the SEC to State a Retaliation Claim Under Dodd-Frank

A New York federal district court recently ruled that, with limited statutorily defined exceptions, a whistleblower asserting private relation claims under the Dodd-Frank Wall Street Reform and Consumer Protection Act must...more

California Appellate Court Affirms Trial Court's Order Holding Putative UCL Class Should Not Be Certified

In a decision published October 26, 2009, a unanimous panel of the Fourth Appellate District, Division Three, affirmed the trial court’s order denying class certification in a case handled by Barger & Wolen, Kaldenbach v....more

Divorce In Tennessee - A Start

A summary of what to expect during divorce in Tennessee at the initial steps....more

The Check Guide - October 2009, By Gene Eldering

TABLE OF CONTENTS 1. FORGED MAKER CHECKS...1 A. General Rule...1 B. Payor Bank Defenses...2 C. Depositary Bank Defenses...13 2. FORGED PAYEE CHECKS...14 A. General Rule...14 B. Depositary Bank Defenses...17 3....more

town of trinity v. defendant

motion to dismiss

Municipal court speeding ticket jurisdictional issue....more

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