News & Analysis as of

Rescission Notice Requirements

Zelle  LLP

Non-renewal, Cancellation, Reformation and Rescission of Insurance Policies in Texas

Zelle LLP on

The Texas Legislature this year adopted House Bill 1900, which amends the notice requirements for non-renewal and policy changes in Texas Insurance Code Section 551.105. The statutory changes, effective Sept. 1, increase the...more

Jackson Lewis P.C.

A Deeper Dive Into FTC’s Proposed Non-Compete Rule

Jackson Lewis P.C. on

The Federal Trade Commission (FTC) proposed a new rule that, if made final, would (at least on its face) effectively prohibit non-compete agreements other than in very limited circumstances....more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Proposes Broad Ban on Worker Noncompete Clauses

On January 5, 2023, the U.S. Federal Trade Commission (FTC) issued a notice of proposed rulemaking under the FTC Act with far-reaching implications for U.S. employers. If enacted and enforced, the proposed rule would prohibit...more

Winstead PC

Shareholder Agreements Are Very Powerful In Texas: Parties Should Carefully Review Those Agreements Before Obtaining Stock In A...

Winstead PC on

The owners of a corporation may enter into shareholder agreements. In Richie, the Texas Supreme Court stated: “Shareholders of closely-held corporations may address and resolve such difficulties by entering into shareholder...more

Rosenberg Martin Greenberg LLP

"No Harm, No Foul:” Suit to Set Aside Foreclosure Sale for Failure to Comply With Deed of Trust Doomed By Failure to Allege That...

The opinion of the Virginia Supreme Court of Appeals in Young-Allen v. Bank of America provides both hope for lenders frustrated by borrowers who delay inevitable foreclosure sales by requiring the lender to comply with every...more

Lewitt Hackman

Franchisee 101: The (Ice Cream) Cart Before the Rescission

Lewitt Hackman on

A federal court in Cleveland rejected a California franchisee’s claim that an Ohio-based ice cream franchisor violated the California Franchise Investment Law (CFIL). The claim failed because the franchisee could not show it...more

White & Case LLP

White House Proposes Significant Rollbacks to the National Environmental Policy Act

White & Case LLP on

The Trump administration proposed rules intended to speed up approval of major projects subject to the National Environmental Policy Act (NEPA), such as pipelines, power facilities, mines, highways, and other public...more

Bass, Berry & Sims PLC

Buyer Beware: Lessons of Disclosure Learned the Hard Way

Bass, Berry & Sims PLC on

Government contractors are learning the hard way that agencies need to be kept apprised of major changes within the company during the entire period of bid evaluations. Most recently, the Government Accountability Office...more

Dorsey & Whitney LLP

The Beukes Decision: A Helpful Clarification Regarding the Right of Rescission

Dorsey & Whitney LLP on

Earlier this year, in Jesinoski v. Countrywide, the Supreme Court answered an important question regarding the procedure for rescinding a residential mortgage refinance loan under the Truth in Lending Act (“TILA”). Under...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Jesinoski v. Countrywide Home Loans, Inc.

On January 13, 2015, the U.S. Supreme Court held that borrowers exercising their right to rescind a loan under the Truth in Lending Act must provide written notice to their lender within the three-year rescission period but...more

Foley & Lardner LLP

The Supreme Court Just Held That TILA Rescission Is Accomplished With Notice Alone

Foley & Lardner LLP on

Until today, courts were split over what steps borrowers must take to rescind a home loan. Some courts had ruled that a borrower simply had to send a rescission notice to his creditor within three years after taking out a...more

Goodwin

Eighth Circuit Reaffirms that Notice Alone is Insufficient to Effectuate TILA Rescission

Goodwin on

The United States Court of Appeals for the Eighth Circuit affirmed a lower court’s opinion rejecting plaintiffs’ attempt to rescind a loan agreement after the loan had already been foreclosed, ruling that the foreclosure...more

Cozen O'Connor

Seventh Circuit Decision in Koransky Bouwer Enforces Professional Liability Reporting Requirements

Cozen O'Connor on

Earlier this month, the 7th Circuit affirmed a district court order that held an insurer properly denied coverage to the insured law firm based on its failure to comply with the reporting requirements under its claims-made...more

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