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Recording Calls? Five Things You Can Do to Avoid the Litigation Frenzy

Restaurant chain Applebee’s has joined other businesses such as Overstock.com, Hilton, Capitol One, and Bass Pro Shops as defendants in purported class action lawsuits alleging that they illegally recorded calls to or from...more

Pin the Blame on the Corporate Officer: Senators Introduce Hide No Harm Act

Three Senate Democrats recently introduced a bill that seeks to hold company executives of a product maker or seller criminally liable for knowingly "failing to inform and warn of serious dangers" associated with a product....more

Individual Liability: What’s Behind The Headlines?

It’s been open season on financial institutions since the 2008-2009 financial crisis (“Financial Crisis”). State and federal prosecutors and regulators are competing with each other for press coverage of their latest consent...more

Internet of Things and Cybercrime – what risks?

The Internet of Things is expected to lead to 50 billion connected devices by 2020 collecting and exchanging personal data about their users, their lives, their preferences and tastes. This will lead not only to relevant data...more

Food and Beverage News and Trends

FDA clarifies its stance on cheese making. On June 13, the FDA issued a clarification stating it “does not have a new policy banning the use of wooden shelves in cheese-making, nor is there any requirement in effect...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

Auto Suppliers Prepare for Barrage of Recalls

With the recent high-profile recalls involving Toyota and GM, auto suppliers are anticipating a spike in recalls and asking themselves how to prepare for this inevitability. As a start, auto suppliers need to...more

White Collar Watch - January 2014

In This Issue: - SEC’s Dodd-Frank Whistleblower Program Report shows best practices make for an effective compliance and ethics program - In unprecedented move, government seeks to extend the responsible...more

New York Department of Financial Services Issues Subpoena to Payday Lender

As part of its continuing focus on payday lending, the New York Department of Financial Services announced that it sent subpoenas to numerous online “lead generation” firms suspected of deceptive or misleading marketing of...more

ICE Seizes Counterfeit Domain Names

On December 2, U.S. Immigration and Custom Enforcement's (ICE) Homeland Security Investigations announced in a press release that 706 domain names set up to “dupe” consumers into buying counterfeit goods had been seized by...more

Court of Appeals Holds No Recognized Cause of Action Exists Under Missouri Law Against Gun Shop Owners for Sale of a Non-Defective...

In an opinion issued July 16, 2013, the Western District of the Missouri Court of Appeals declined to extend what would have amounted to dram shop-type liability to a gun shop that sold ammuition and magazines to a purchaser...more

Dealer Pleads Guilty To Criminal Violations Of The SCRA

On June 27, the U.S. Attorney for the Northern District of Alabama announced that a used car dealer pleaded guilty to charges that he violated the Servicemembers Civil Relief Act (SCRA). ...more

CFPB Takes Action Against ‘Abusive’ Acts by Debt-Relief Company

Recently, the Consumer Financial Protection Bureau, the watchdog agency of the financial industry, has proved that it has considerable bite. Created under the Dodd-Frank act to fill gaps in regulatory coverage, the CFPB’s...more

Financial Services Quarterly Report - Second Quarter 2013: UK: New Regulators; New Powers

The UK Financial Services Authority (“FSA”) was abolished on 1 April 2013 and replaced by three new regulators. The Financial Services Act 2012 introduced the Financial Conduct Authority (“FCA”), the Prudential Regulatory...more

CFPB Investigation Leads to First Criminal Referral to DOJ

Following the Consumer Financial Protection Bureau's investigation into the alleged fraudulent practices of a debt relief company, the CFPB and the U.S. Attorney's Office for the Southern District of New York announced the...more

CFPB and Justice Department Team Up on Enforcement

On May 7, 2013, the Consumer Financial Protection Bureau ("CFPB" or “Bureau”) and the United States Attorney’s Office for the Southern District of New York announced a joint law enforcement effort in U.S. District Court for...more

DOJ Files First Criminal Action On CFPB Referral, CFPB Files Parallel Civil Suit

On May 7, the U.S. Attorney for the Southern District of New York announced mail and wire fraud charges against a debt settlement firm, its owner, and three of its employees. ...more

CFPB announces criminal referral relating to alleged debt-relief scam

At a press conference yesterday in New York City, Director Cordray announced that the CFPB had made a criminal referral to the United States Attorney for the Southern District of New York arising out of the CFPB’s...more

Years Later, PCA Employees Indicted

I had the following email exchange earlier this year with a concerned client: Client (in late January 2013): "Hi Steve, I was wondering if you knew of any cases where employees were prosecuted for not following...more

USCIS and SEC Stakeholder Engagement: EB-5 Investments and Implications under Federal Securities Law

By Wassem M. Amin, Esq. On April 3, 2013, USCIS and the SEC held a joint conference call to discuss what aspects of federal securities law are implicated by EB-5 Investments, as it relates to both the issuer and the...more

Insights Into The Financial Fraud Enforcement Task Force Priorities For 2013

On March 20, 2013, Michael Bresnick, Executive Director of DOJ’s Financial Fraud Enforcement Task Force gave a speech at the Exchequer Club of Washington, DC highlighting recent accomplishments of the Task Force and outlining...more

When Food Production Leads to Prosecution

Over the last few weeks, two big stories have made headlines in the food industry. Beginning in early February, news media across Europe began reporting that food products tested in several European countries contained...more

Reid-Kyl Bill Would Legalize Online Poker at Federal Level

A draft of the online poker bill that Sen. Harry Reid (D-Nev.) and Sen. Jon Kyl (R-Ariz.) plan to introduce was released this week. The bill, known as the “Internet Gambling Prohibition, Poker Consumer Protection, and...more

InfoBytes, February 8, 2012 - A Weekly In-depth review of news & developments in the financial services industry.

Topics In This Issue Federal Issues State Issues Courts Miscellany Firm News Firm Publications Mortgages Banking Consumer...more

Would You Like a Side of Fraud with That? What Your Organization Should Learn from the McDonald’s (and Walgreens) Breaches

Last week McDonald’s Corp. and Walgreen Co. notified customers that their personal information had been compromised by hackers. The hackers appear to have targeted an email provider subcontracted to a marketing firm used by...more

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