Benjamin Saul – BuckleySandler LLP

Regulators and congressional leaders have identified similarities between the lending practices that led to the subprime mortgage crisis and an escalating default rate in the burgeoning level of student loan debt. Rather than…more

Over 400 financial institutions have failed since the financial crisis began in September 2008, causing hundreds of billions of dollars in losses to the Deposit Insurance Fund (DIF).[1] On July 2, 2010, the Federal Deposit…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

As the Federal Deposit Insurance Corporation continues to pursue professional liability suits against directors and officers of failed banks, the agency’s recent regulatory guidance addressing the removal or copying of…more

On December 15, 2011, the Consumer Financial Protection Bureau (Bureau or CFPB) issued a bulletin announcing its program to collect whistleblower information and law enforcement tips, stating that it “welcomes information from…more

This article examines the Dukes decision itself, discusses how several lower courts have recently applied the Dukes decision in fair lending class actions, and explores the degree to which Dukes has undercut the viability of…more

In his remarks at the signing ceremony for the Dodd-Frank Wall Street Reform and Consumer Protection Act, President Obama promised that the arsenal of consumer protections included in the new law would be "enforced by a new…more

Although Wal-Mart v. Dukes is a labor and employment case under Title VII, the court’s decision will undoubtedly impact other class cases significantly, including an increasing number of consumer-finance class-action lawsuits…more

In the case of Dukes v. Wal-Mart Stores, Inc., 603 F.3d 571 (9th Cir. 2010), the Ninth Circuit lowered the standards for class certification under Rule 23 of the Federal Rules of Civil Procedure. The court announced a more…more

This article, which appeared in the ABA's Section of Litigation, Consumer & Civil Rights Newsletter, discusses the Department of Justice's 2010 settlement with two subsidiaries of American International Group (AIG), resolving…more

The risk of litigation for card issuers has been heightened by a proposed UDAP rule, issued by federal regulators, that breaks new ground by prohibiting a wide range of fees and finance-charge practices on cards. In addition,…more

Federal agencies have issued "guidance" on nontraditional mortgage lending, and a "statement" on subprime mortgage lending. State lawmakers have been at least as aggressive and have introduced over 80 mortgage reform bills to…more