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Ninth Circuit Holds State AG Credit Card Add-On Suits Belong In State Court

On August 1, the U.S. Court of Appeals for the Ninth Circuit held that neither the federal question statute nor the Class Action Fairness Act provide a federal district court with subject matter jurisdiction over the Hawaii...more

Dodd-Frank News: July 2014 Dodd Frank Wall Street Reform and Consumer Protection Act Update

In This Issue: - Recent Cases ..RESPA ..FDCPA ..TCPA ..FCCPA & FDCPA ..TILA - In The News ..CFPB to Begin Collecting Complaints Regarding Prepaid Cards ..CFPB Proposes Letting...more

Creating Fake Customer Reviews Site Could Be False Advertising and Trade Libel

As evidenced by the success and robust market capitalization of the consumer review site Yelp, Internet users are increasingly turning to "regular people" as a lodestar for whether to purchase goods or services. This is...more

Shedding Light on CFIUS: Appeals Court Holds That CFIUS Review Lacks Constitutional Due Process

In a stunning ruling issued on July 15, 2014, the U.S. Court of Appeals for the D.C. Circuit held that review by the Committee on Foreign Investment in the United States (“CFIUS”) and the subsequent unwinding of the...more

Securities Regulation Radar: Top Topics in New York

On July 16, the New York State Bar Association’s Securities Regulation Committee held a meeting to discuss three of the recent developments in securities regulation. The first discussion focused on the Supreme Court’s June...more

Pom v. Coke Will Impact Financial Services Too

Law 360, New York (June 23, 2014, 11:22 AM ET)--Legal and compliance departments, take note: the U.S. Supreme Court’s recent decision in Pom Wonderful LLC v.Coca-Cola Co. confirms that even i fan institution’s conduct meets...more

What Do Intrastate Crowdfunding and Peep Shows Have in Common?

As a corporate lawyer, I hate subjective standards. Give me a yes or no answer, a bright-line test, a set of rules to follow—anything to help me advise my client on how to get the deal done with as little risk as possible....more

SEC Administrative Law Judge Bars Investment Manager for Misrepresenting GIPS Compliance

On May 27, 2014, an administrative law judge (ALJ) found ZPR Investment Management, Inc. (ZPRIM) and its former owner, Max Zavanelli, to have violated the Investment Advisers Act of 1940 for publishing misleading...more

Summertime Blues: Eleventh Circuit Doubles Down on Strict TCPA Liability for Texts and Autodialed and Prerecorded Calls to Cell...

Over the Spring, we reported on how the Eleventh Circuit’s decision in Osorio v. State Farm brought that court into alignment with the Seventh Circuit on how restrictions in the Telephone Consumer Protection Act (TCPA) on...more

Advertising News & Analysis - April 24, 2014

In this issue: - FDA Unveils Long-Awaited E-Cig Regs - Keep Tabs on TCPA Litigation…Or Face Your Own - The Stomach-Turning Fight Over NAD Jurisdiction - Bitcoin Creates Buzz, as Well as Tax and...more

Eleventh Circuit Issues Significant Ruling on TCPA Consent for Collection Calls to Cell Phones

The U.S. Court of Appeals for the Eleventh Circuit has ruled that a debtor may not provide the “prior express consent” required by the Telephone Consumer Protection Act (TCPA) for autodialed collection calls to be made...more

District Court Strikes Overly Broad TCPA Class Definition: the Claim of a “Wrong Party” Called is Atypical of the Claims of...

In Buonomo v. Optimum Outcomes, Inc., No. 13-cv-5274 (N.D. Ill. March 17, 2014), the United States District Court for the Northern District of Illinois granted a partial motion to strike class action allegations alleging...more

Target of CFPB Complaint Loses Argument on Unconstitutionality

The United States District Court for the Central District of California denied a motion to dismiss brought by a target of the CFPB’s enforcement powers. In August 2013, the CFPB filed a complaint against a debt relief-service...more

Fifth Circuit Holds State AG Credit Card Add-On Suit Not Subject To Federal Jurisdiction

On December 2, the U.S. Court of Appeals for the Fifth Circuit held that a set of parens patriae suits filed by the Mississippi Attorney General (AG) against credit card issuers is not subject to federal jurisdiction under...more

Advertising News & Analysis - August 1, 2013

In this issue: - Sorry, Charlie: Taylor Swift Contest Makes Case for Solid Promotion Rules - The Devil is in the Details for Number 1 Claims - Can Website Disclaimers Stop Declaratory Judgment...more

Court Dismisses Foreign Banks from U.S. Lawsuit Alleging Complicity in Counterfeit and Illegal Online Drug Sales

The fight against sophisticated online schemes to sell counterfeit or otherwise illegal goods is being waged by increasingly focused efforts to identify responsible parties that may be sued in U.S. courts, and whose assets...more

Mobile banking and the Federal Circuit's "divided infringement" decisions

The rapid growth of the mobile banking industry, the raft of litigation that has followed such growth, and why the Federal Circuit's much-anticipated "divided infringement" decisions in Akamai v. Limelight and McKesson v....more

Northern District Of Ohio Holds TCPA Claim Not Equitably Tolled And Barred By Statute Of Limitations

In a case originally filed in 2007, and in which the Complaint was amended several times, Plaintiff asserted a TCPA claim, which was dismissed without prejudice for lack of subject matter jurisdiction. Other claims were also...more

Corporate and Financial Weekly Digest - January 25, 2013

In this issue: - CBOE Proposes to Amend Preferred Market Maker’s Continuous Quoting Obligations - FATCA Regulations Are Finalized - CFTC to Host Roundtable on “Futurization” of Swaps - CFTC Amends Order of...more

The Ninth Circuit Amends TCPA Opinion in Meyer v. Portfolio Recovery Associates and Provides Relief to Debt Collection Industry

The U.S. Court of Appeals for the Ninth Circuit has amended a recent decision in which it suggested that prior express consent under the Telephone Consumer Protection Act (TCPA) for telephone calls made to mobile phones for...more

llinois District Court Certifies Interlocutory Summary Judgment Order Addressing Meaning of Prior Express Consent and...

Thrasher-Lyon v. CCS Commercial LLC, No. 11 C 04473, 2012 WL 5389722 (N.D. Ill. Nov. 2, 2012) Pending before the court was Defendants’ Motion to Reconsider summary judgment granted in the named Plaintiff’s favor, and...more

Fourth Circuit Rejects FDCPA Challenge to Prerecorded Calls Seeking Location Information

The U.S. Court of Appeals for the Fourth Circuit recently affirmed, in an unpublished opinion, a district court's entry of summary judgment in favor of a debt collector that was sued by the debtor’s brother-in-law over the...more

Ninth Circuit Takes Narrow View of Prior Express Consent in Debt Collection Case

In Meyer v. Portfolio Recovery Associates LLC, plaintiff Jesse Meyer (Meyer), on behalf of himself and a putative class, alleged that debt collection service Portfolio Recovery Associates (PRA) violated the federal Telephone...more

Ninth Circuit Upholds Class Certification in TCPA Case

On October 12, the U.S. Court of Appeals for the Ninth Circuit upheld provisional class certification for a plaintiff debtor, who claimed that a debt collector had violated the Telephone Consumer Protection Act (TCPA) by...more

Mortgage Banking Update - May 24, 2012

In This Issue: - U.S. Supreme Court Unanimously Rejects HUD’s Position on Markups - MERS Has Power To Assign Interest in Deed of Trust, California Appeals Court Rules - How Prepared Are You for AML Compliance? -...more

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