Cullen and Dykman LLP

Supreme Court to Hear Case Deciding the Rights of Spousal Loan Guarantors under the Equal Credit Opportunity Act

The United States Supreme Court will soon hear a case that will determine the rights of spousal guarantors under the Equal Credit Opportunity Act (“ECOA”), and ultimately whether creditors may require spousal guarantors on…more
| Civil Rights, Commercial Law & Contracts, Finance & Banking, Consumer Protection

Registration with ICANN’s Trademark Clearinghouse a Necessity for Securing a “.college” Domain during the Upcoming Sunrise Period

The “.college” top-level Internet domain will soon be available to institutions of higher education (“IHEs”). IHEs with federally registered trademarks can take advantage of the upcoming “Sunrise Period” and secure their…more
| Communications & Media Law, Education, Intellectual Property

New York State DFS Issues Guidelines to Financial Institutions on the Prevention of Elder Financial Exploitation

On February 26, 2015, the New York State Department of Financial Services (“DFS”) issued guidance to financial institutions doing business in New York State on the prevention of elder financial exploitation. The guidance…more
| Commercial Law & Contracts, Finance & Banking

New Record Retention Requirements under the TILA-RESPA Integrated Disclosure Rule

As the August 1,2015 effective date for the new TILA-RESPA Integrated Disclosure Rule approaches, we would like to alert you to an important aspect of the new rule that has not received much attention: record retention…more
| Finance & Banking, Consumer Protection, Real Estate - Residential

Federal and State Governments Respond to Recent Data Breaches and Propose New Cybersecurity Laws

Over the past few months, major retailers and Internet content providers, like Target and Sony, have been victims of massive cyber-attacks resulting in the release of customer credit card data, private corporate e-mails, and…more
| Antitrust & Trade Regulation, Labor & Employment Law, Privacy, Consumer Protection, Science, Computers, & Technology

New FLSA Regulations Set to be Released in First Quarter of 2015 Likely to Change America’s Overtime Pay Landscape

In March 2014, President Obama issued an Executive Order directing the Secretary of Labor to “update and modernize” the overtime exemption rules under the Fair Labor Standards Act (FLSA), (the “Act”), 29 U.S.C. 201 et seq., a…more
| Elections & Politics, Labor & Employment Law

U.S. Supreme Court Reinstates Rule that Mortgage Loan Officers Are Not Exempt From Overtime Laws

On March 9, 2015, the United States Supreme Court decided an important case for financial institutions concerning the treatment of Mortgage Loan Officers ("MLO's") under the Fair Labor Standards Act ("FLSA"). The general rule…more
| Administrative Law, Labor & Employment Law, Finance & Banking, Real Estate - Residential

New FMLA Regulations Expand the Definition of Spouse to Include Same-Sex Marriages

Rules governing family medical leave for gay couples will soon reflect the rapid changes sweeping the nation. Since the Supreme Court’s 2013 decision in United States v. Windsor, 133 S.Ct. 2675 (2013) courts across the nation…more
| Civil Rights, Constitutional Law, Labor & Employment Law

Federal Agencies Issue Guidance on Youth Savings Programs

Federal banking agencies have issued guidance encouraging financial institutions to develop and implement programs to expand the financial capability of youth and build opportunities for financial inclusion for more families…more
| Commercial Law & Contracts, Finance & Banking

U.S. Supreme Court to Hear Oral Argument This Week in Abercrombie Discrimination Case

Another year has begun and it seems like the debate over Abercrombie and Fitch’s employee dress code policy shows no indication of stopping. Only this time – the U.S. Supreme Court is getting involved…more
| Civil Rights, Labor & Employment Law

New Jersey Set to “Ban the Box” Beginning on March 1, 2015

On March 1, 2015, New Jersey will become the latest state to “ban the box” by prohibiting employers from inquiring into a job applicant’s criminal background during the initial stages of the hiring process…more
| Civil Rights, Labor & Employment Law

Facebook Post Lands Teacher in Hot Water

On January 18, 2015, two South Hills High School teachers were arrested for allegedly having sexual relations with students at the beach. According to the Orange County Sherriff’s Department, one of the teachers, Melody Lippert,…more
| Constitutional Law, Education, Electronic Discovery, Labor & Employment Law

Rumors Of Joint Employer Liability For Frachisors Are Greatly Exagerated

Despite the hand wringing and pontifications that franchisors will now be deemed employers or joint employers of the employees of their franchisees, that is simply not the case. The long held protections enjoyed by franchisors…more
| Labor & Employment Law, Franchise Law

Deflategate: Will the NFL Fumble Another Internal Investigation?

Conducting a proper in-house investigation into allegations of misconduct is no simple task – especially at the NFL. Last year, the NFL was reprimanded in the public arena for allegedly mishandling the investigation into Ray…more
| Art, Entertainment, & Sports Law, Labor & Employment Law

Let It Snow, Let It Snow, Let It Snow: What Employers Should Remember When Bad Weather Hits

In addition to bringing nearly two-feet of snow, Winter Storm Juno has also brought a gust of wage and hour issues for employers. Unfortunately, it is likely not the last time this winter that employers will have to consider…more
| Labor & Employment Law
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