All is Not Lost: Mitigating the Risk of Loss of a Delinquent Collateral Asset in the Era of Autonomous Zones -
The birth of autonomous zones has led to uncertainty regarding the protection of a lienholder's collateral...more
1/21/2021
/ Banking Sector ,
Blockchain ,
CARES Act ,
Chapter 11 ,
Commercial Bankruptcy ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Financial Services Industry ,
Mortgages ,
OCC ,
Public Service Loan Forgiveness program (PSLF program)
Following the death of George Floyd during his arrest in Minneapolis, Minnesota, America experienced months of civil unrest throughout the country. It was during these protests that some began to assert that civil society in...more
1/13/2021
/ Activist ,
Civil Authority ,
Due Process ,
ECOA ,
Eviction ,
Fair Housing Act (FHA) ,
Fifth Amendment ,
Foreclosure ,
Inverse Condemnation ,
Just Compensation ,
Lenders ,
Lienholders ,
Non-Judicial Foreclosures ,
Protests ,
Risk Mitigation ,
State and Local Government ,
Takings Clause
This 35th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us discussing yet more shutdown challenges, nursing home wrongful-death cases, landlord-tenant disputes, and tuition-refund claims....more
12/10/2020
/ Business Interruption ,
Colleges ,
Coronavirus/COVID-19 ,
Emergency Orders ,
Executive Orders ,
Financial Stimulus ,
Gross Negligence ,
Nursing Homes ,
Relief Measures ,
Religious Institutions ,
State of Emergency ,
Wrongful Death
With the continued risk of the spread of COVID-19 in assisted care facilities, more and more facilities are implementing a virtual admissions process. This process includes providing all of the admissions documents, including...more
10/21/2020
/ Acceptance ,
Arbitration Agreements ,
Assisted Living Facilities (ALFs) ,
Commercial Litigation ,
Contract Formation ,
Contract Terms ,
Coronavirus/COVID-19 ,
Electronic Records ,
Health Care Providers ,
Long Term Care Facilities ,
Virtual Meetings
Morrisey, Other AGs Reach $330 Million Agreement with Student Loan Company -
"West Virginia Attorney General Patrick Morrisey and 47 other attorneys general have reached a $330 million, multistate agreement with a student...more
9/24/2020
/ Advertising ,
Blockchain ,
CARES Act ,
Consumer Financial Products ,
Coronavirus/COVID-19 ,
Debit and Credit Card Transactions ,
Demographic Targeting ,
eMortgages ,
Enforcement Actions ,
Google ,
Illegal Fees ,
Loan Modifications ,
Merchant Fees ,
Mortgage Bankers Association ,
Mortgages ,
Multistate Investigations ,
Refinancing ,
Reverse Mortgages ,
Settlement ,
State Attorneys General ,
Student Loans ,
Surcharges
Crosmun v. The Trustees of Fayetteville Technical Community College Provides Much Needed Guidance to NC Courts on How to Properly Craft eDiscovery Protocols -
The Court of Appeals decision in Crosmun is important because...more
8/21/2020
/ Artificial Intelligence ,
Attorney-Client Privilege ,
Biometric Information ,
Biometric Information Privacy Act ,
Bitcoin ,
California Consumer Privacy Act (CCPA) ,
Childrens' Lawsuits ,
China ,
Class Action ,
Cryptocurrency ,
Data Breach ,
Data Harvesting ,
Data Privacy ,
Discovery ,
Doctor-Patient Privilege ,
e-Discovery Professionals ,
Electronically Stored Information ,
Encryption ,
Ethereum ,
Executive Orders ,
Facebook ,
Facial Recognition Technology ,
Federal Crimes ,
FinTech ,
Hackers ,
Instagram ,
Legislative Agendas ,
Macy's ,
Mobile Payments ,
National Security ,
Proposed Legislation ,
Startups ,
TikTok ,
Trump Administration ,
Zoom®
The Court of Appeals of North Carolina's decision in Crosmun v. The Trustees of Fayetteville Technical Community College, ___ N.C. App. ___, 832 S.E.2d 223 (2019) provides much needed guidance to North Carolina courts on how...more
8/20/2020
/ Appeals ,
Attorney-Client Privilege ,
Clawbacks ,
Discovery ,
Document Productions ,
e-Discovery Professionals ,
Electronically Stored Information ,
Motion to Compel ,
North Carolina ,
Privileged Communication ,
Protective Orders ,
Remand ,
Request for Production ,
Vacated
Welcome!
Welcome to August’s issue of All Consuming. This month, we are taking a deep dive into discharges in bankruptcy and then reviewing several top news stories in the world of consumer finance. We hope you find value...more
8/10/2020
/ Bank of America ,
Collateral Estoppel ,
Consumer Bankruptcy ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Creditors ,
Cryptocurrency ,
Damages ,
Debtors ,
Deed of Trust ,
Disability Discrimination ,
Dischargeable Debts ,
Discriminatory Lending Practices ,
Enforcement Actions ,
Fair Housing Act (FHA) ,
False Advertising ,
Fines ,
Forbearance Agreements ,
Mortgage Lenders ,
NC Supreme Court ,
Non-Judicial Foreclosures ,
OCC ,
Regulation Z ,
Wells Fargo ,
Without Consent
The Editors' Note -
Welcome to the second issue of Decoded, Spilman's e-newsletter focusing on technology law, including data security, privacy standards, financing technologies, and digital-based means of conducting...more
7/27/2020
/ Appeals ,
ATDS ,
Biometric Information ,
Biometric Information Privacy Act ,
Cash Transactions ,
CFTC ,
Class Action ,
Coronavirus/COVID-19 ,
Cryptoassets ,
Data Plumbing ,
Data Security ,
Facial Recognition Technology ,
False Arrest ,
False Evidence ,
FCC ,
FinTech ,
Identity Theft ,
Identity Theft Protection Acts ,
IMDB ,
LinkedIn ,
Personally Identifiable Information ,
Privacy Laws ,
Private Commercial or Financial Information ,
Securities and Exchange Commission (SEC) ,
Securities Tokens ,
Settlement ,
TCPA ,
Unregistered Securities ,
Website Owner Liability
In April 2019, with the introduction of House Bill 904, a bi-partisan effort was made to strengthen cyber security in North Carolina. H.B. 904 seeks to make North Carolina's Identity Theft Protection Act one of the strongest...more
7/24/2020
/ Attorney's Fees ,
Compensatory Damages ,
Cybersecurity ,
Data Breach ,
Electronically Stored Information ,
Failure To Protect ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Identity Theft Prevention Program ,
Personal Information ,
Popular ,
Private Right of Action ,
Proposed Amendments ,
State Legislatures ,
Treble Damages ,
Unfair or Deceptive Trade Practices
Welcome!
Welcome to the new format of All Consuming . We listened to the feedback. A newsletter filled with long articles gives the detailed information some are looking for but becomes another thing that others have to...more
7/11/2020
/ ATDS ,
Auto-Dialed Calls ,
Banks ,
Barr v American Association of Political Consultants Inc ,
Constitutional Challenges ,
Consumer Complaint System ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Coronavirus/COVID-19 ,
Credit Cards ,
Debt Collection ,
FCC ,
First Amendment ,
Forbearance Agreements ,
Foreclosure ,
Free Speech ,
Government Debt-Exception ,
Lenders ,
Loan Servicer ,
Military Service Members ,
Mistake ,
Moratorium ,
Mortgage Servicers ,
Prior Express Consent ,
Regulation X ,
Removal At-Will ,
SCOTUS ,
Seila Law LLC v Consumer Financial Protection Bureau ,
Servicemembers Civil Relief Act (SCRA) ,
Severability Doctrine ,
Single Director ,
State Legislatures ,
TCPA ,
Text Messages ,
Unfair or Deceptive Trade Practices
The curve has flattened, and all fifty states are at least partially reopened. This raises a number of questions about how your facility should proceed with reopening while continuing to protect not only your residents'...more
As the COVID-19 pandemic continues, many states now are requiring mandatory testing of residents and employees of skilled nursing and assisted living facilities, including West Virginia, South Carolina, and Florida. Other...more
5/15/2020
/ Americans with Disabilities Act (ADA) ,
Assisted Living Facilities (ALFs) ,
Civil Liability ,
Compliance ,
Confidential Information ,
Coronavirus/COVID-19 ,
Electronic Protected Health Information (ePHI) ,
Employee Privacy Rights ,
Employee Training ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Infectious Diseases ,
Mandatory Requirements ,
Patient Privacy Rights ,
Reporting Requirements ,
Risk Assessment ,
Risk Mitigation ,
Skilled Nursing Facility ,
Virus Testing
During this turbulent period, now is the time to evaluate your facility's admission procedures and paperwork, especially your arbitration agreement. You want to make sure that in the event of litigation they will withstand...more
Nursing home and other long-term care facilities are bearing the brunt of the COVID-19 pandemic because their residents are at the highest risk for contracting the disease. It has been recently reported that 20 percent of all...more
The COVID-19 pandemic has had a disproportionate impact on skilled nursing and assisted living facilities. While the following CMS recommendations and guidelines identify nursing homes as the target recipients, they are...more