News & Analysis as of

Brokers Misrepresentation

Wiley Rein LLP

Date of Wrongful Acts, Not Harm Caused By Acts, Relevant Factor in Determining Application of Retroactive Date Exclusion

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Applying California law, a federal district court has held that a policy’s retroactive date exclusion bars coverage even if the harm caused by the wrongful acts materializes after the retroactive date. Bararsani v. HDI...more

Lewitt Hackman

Franchisor 101: Can’t Break the Broker

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A Minnesota federal court ruled in favor of a franchise broker on summary judgment. The court dismissed misrepresentation claims brought by a military veteran who alleged unlawful inducement to invest in a failed kickboxing...more

Lathrop GPM

The Franchise Memorandum - Issue # 265

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Welcome to The Franchise Memorandum by Lathrop GPM. Below are summaries of recent legal developments of interest to franchisors. Fraud/Misrepresentation - Minnesota Federal Court Rules that Fraud and Misrepresentation...more

Ballard Spahr LLP

CFPB, joined by South Carolina Dept. of Consumer Affairs and Arkansas AG, files lawsuit targeting service providers to pension...

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The CFPB filed a complaint in a South Carolina federal district court against Upstate Law Group LLC. and two of its individual owners and managers that alleges the defendants violated the Consumer Financial Protection Act’s...more

Ballard Spahr LLP

CFPB continues to target pension advance products structured as purchases

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The CFPB and the South Carolina Department of Consumer Affairs have filed a lawsuit in federal district court in South Carolina against two companies and their individual owner that alleges the defendants violated the...more

Ballard Spahr LLP

CFPB continues to push the envelope in announcing settlement with brokers of pension advances

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The CFPB announced on August 14, 2019 that, subject to the approval of the Federal District Court for the Eastern District of Arkansas, the Bureau and the Arkansas Attorney General have entered into a proposed settlement with...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Ruling of Summary Judgment on Issue of Scienter

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Bass, Berry & Sims attorney Chris Lazarini discussed a case brought by the SEC against an individual broker accused of violations of Section 17(A) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act...more

Dorsey & Whitney LLP

This Week In Securities Litigation

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The Government requested that the Supreme Court overturn U.S. v. Newman, the Second Circuit’s decision on tipping and the personal benefit test. Previously, the Second Circuit had declined a request to either rehear the case...more

Hinshaw & Culbertson LLP

Insurer Has No Duty To Verify Accuracy of Insurance Application Representations

In American Way Cellular, Inc. v. Travelers Property Casualty Company of America, issued May 30, 2013, the California Court of Appeal for the Second Appellate District reaffirmed that insurers are not obligated to investigate...more

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