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Borrowers Arbitration

McGlinchey Stafford

Litigation Byte (May Edition)

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The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format will reflect McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Allen Matkins

Characterization Of Litigation Funding Loan Proves Costly To Litigation Finance Lender

Allen Matkins on

Yesterday, the California Supreme Court issued its opinion in Law Finance Group, LLC v. Key, 2023 WL 4168752.  The Court's opinion answers the question of whether the deadline for seeking vacatur of an arbitral award set...more

Bracewell LLP

FINRA Facts and Trends - October 2022

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Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This...more

Ballard Spahr LLP

Department of Education Anti-Arbitration Regulation Fails Supreme Court Tests

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The U.S. Department of Education recently announced proposed regulations designed to expand and improve the major student loan discharge programs authorized by the Higher Education Act. Among other things, the proposed...more

McGlinchey Stafford

Are My Claims Subject To Binding Arbitration?

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Loss Mitigation Review Under RESPA Hurst v. Caliber Home Loans, Inc., N.D.Ohio No. 5:19-cv-00315, 2021 U.S. Dist. LEXIS 51849 (Mar. 19, 2021) In this matter, the Northern District of Ohio held that a loan servicer did...more

ArentFox Schiff

ISDA 2020 IBOR Fallbacks Protocol

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The focus of regulators in the United States and the United Kingdom had been to correctly transition away from LIBOR due to past bank manipulations. After nearly two (2) years in the making, the International Swaps and...more

Kilpatrick

KT Client Success: U.S. Supreme Court Victory

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UPDATE: After the Texas Supreme Court handed down an 8-0 ruling in favor of our client Cash Biz (SEE BELOW), petitioners filed a petition with the United States Supreme Court. A petition for a writ of certiorari was filed on...more

Kilpatrick

Texas Supreme Court Victory

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On February 23, the Texas Supreme Court unanimously affirmed a split decision from the Fourth Court of Appeals sitting in San Antonio in a case of first impression in Texas state courts related to the application of the...more

Clark Hill PLC

2017 Arizona Case Law Affecting Commercial Real Estate and Lending

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The following information accompanies a presentation Mike gave to members of the Arizona Commercial Mortgage Lenders Association (ACMLA) on October 10, 2017. Arizona Case Law – Late Fees and Liquidated Damages Provisions -...more

Carlton Fields

Second Circuit Upholds Refusal To Compel Arbitration Due To Unavailable Forum, Recognizing Split In Federal Circuits

Carlton Fields on

A borrower had previously entered into three payday loan agreements that contained arbitration provisions mandating that all claims be arbitrated in the National Arbitration Forum (NAF), and under the Code of Procedure of the...more

Proskauer - New Media & Technology

Clickwrap Agreement Available Only Through Hyperlink Enforceable Under New York Law

Last week, the Southern District of New York followed a long line of precedent under New York law and upheld the enforceability of a website clickwrap agreement, granting a website operator’s motion to compel arbitration...more

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