Richik Sarkar – McGlinchey Stafford PLLC

Director & Officer Liability& Cyber-Security: 4 Questions Every Officer and Director Must Answer

Courts have historically set a high threshold to find directors and officers personally liable for breaches of fiduciary duties. However, because of high stakes and increased publicity, standards with respect to director and…more

The TCPA & healthcare: FCC limits “house calls” to cellphones

The Federal Communications Commission (FCC) July 2015 ruling on the Telephone Consumer Protection Act (TCPA) had direct implications for many health care institutions – and recent case law continues to define the guidance with…more

Ohio Supreme Court eradicates no-injury class actions

On Aug. 27, 2015, the Ohio Supreme Court established in Felix v. Ganley Chevrolet, Inc., Slip Opinion No. 2015-Ohio-3430 that all members of a plaintiff class alleging violations of the Ohio Consumer Sales Practices Act (OCSPA)…more

7 tactics for winning the cyber war: Battle strategies for directors and officers

When your company is the victim of a cybersecurity breach - or if you have a substandard cybersecurity program - there is a lot at stake. Your reputation can take a hit, your business continuity is threatened and your directors…more

The Art of (Cyber) War: Cybersecurity Tactics for All Financial Institutions

As financial institutions of every type and size -- national, regional and community banks, thrifts, mutuaIs, credit unions, and non-bank lenders -- increase their collection of personal information about their customers and…more

How the Consumer Financial Protection Bureau Ensnared Auto Dealers(Link)

A Bloomberg Law article written by Richik Sarkar, Edward Kraus and Matt Henken, addressing the CFPB’s increased efforts to regulate Auto Dealers. Although Auto Dealers were originally excluded from CFPB regulations, as often…more

Failing to Plan is Planning to Fail: Third-Party Risk Management For Financial Institutions(Link)

For more than a decade, regulators have required financial institutions to ensure that third-party service providers comply with federal law because, while banking activities can be outsourced, responsibility for bad acts…more

Best Practices for Choosing and Using Experts

A presentation examining Best Practices for Choosing and Using Experts…more
| Alternative Dispute Resolution (ADR), Business Torts, Civil Procedure, Commercial Law & Contracts, Consumer Protection

Third-Party Risk Management: Busting Myths and Telling Truths

A presentation for the American Conference Institute's 12th National Forum on Residential Mortgage Litigation & Regulatory Enforcement examining increased scrutiny by government regulators of third party vendor management…more
| Administrative Law, Business Torts, Commercial Law & Contracts, Consumer Protection, Finance & Banking

Preventive Measures: Avoiding Predatory and Discriminatory Lending Litigation

Slides addressing the management and defense against claims of discriminatory lending and assessing the status of ‘disparate impact’ in Fair Lending litigation and enforcement…more
| Administrative Law, Business Torts, Civil Rights, Consumer Protection, Finance & Banking

Big Regulation’s Big Data

In March 2012, the Obama Administration announced its Big Data Research and Development Initiative. The program involves a total of over $200 million in new commitments from several departments and agencies to improve the…more
| Business Organizations, Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Privacy
Cleveland v. JP Morgan Chase Bank, N.A., 2013-Ohio-1035

Journal Entry and Opinion

Dismissal for failure to state a claim, Civ.R. 12 (B)(6), of Cleveland's action for public nuisance and Ohio RICO against financial institutions involved in the creation of mortgage-backed securities using subprime mortgages and…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Risk Management (March 2013) - The New Rules of Consumer Protection: Six Steps for Banks to Manage Third-Party Compliance Risk

Financial services firms now routinely contract outside companies to market new services that these institutions did not develop internally, such as investment and insurance options. More than ever, third parties are performing…more
| Antitrust & Trade Regulation, Business Torts, Commercial Law & Contracts, Consumer Protection, Finance & Banking

Bank Acquistion & Fair Lending

An analysis of how to avoid and/or contain potential fair lending liability when acquiring a bank. Written by Frances Floriano Goins, Richik Sarkar, and Gregory Stein…more
| Business Organizations, Commercial Law & Contracts, Consumer Protection, Finance & Banking, Mergers & Acquisitions

BNA Banking Report - A Practical Guide to CFPB Procedures for Investigation and Adjudication

A practical guide to CFPB investigations and adjudications. Available through Bloomberg BNA's Banking Report…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking, Consumer Protection, Business Torts
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25550 Chagrin Blvd., Ste 406
Cleveland, Ohio 44122, United States

  • 2163784994

Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Finance & Banking
  • Litigation
  • Real Estate
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