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2021 Trade Secrets End of Year Report: Analysis of the Year’s Key Cases & Trends

In 2021, trade secrets and non-competes continued to garner attention on the national stage. Non-competes were the focus of significant legislative activity at both the federal and local levels, while trade secrets lead to...more

Trade Secrets 2020: Analysis of the Year’s Key Cases & Trends

As increasing scrutiny was cast at the state and federal level on noncompetition agreements and other restrictive covenants, companies were forced to assess their ability to safeguard trade secret information. Not to mention...more

Trump-Era CFPB Retrospective: Debunking the Myths and Looking Ahead to Biden

The Trump era of the last four years is regarded in the popular press as one of federal deregulation, and the Consumer Financial Protection Bureau, which will commemorate the eleventh anniversary of its founding later this...more

Waiting to Exhale: HEROES Act Opens Door for Cannabis Banking

The new bill, which follows April 23, 2020 legislation aimed at opening COVID-19 emergency response funding to cannabis businesses, offers a previously unclear path forward for financial services to the cannabis industry by...more

CFPB Constitutionality at the Supreme Court: A Case Study on Agency Independence in a Pandemic

It feels like only yesterday that we were discussing the seminal 2018 DC Circuit case, PHH Corp. v. CFPB, the first decision to uphold the constitutionality of the Consumer Financial Protection Bureau (CFPB or Bureau). The...more

Keeping Your Trade Secrets Secret – Reasonable Measures for Unreasonable Times

As businesses adjust to the new reality of shelter-in-place orders compelling non-essential employees to conduct a growing amount of work at home, the exposure risk to businesses’ trade secret and other confidential...more

Consumer Financial Services COVID-19 Update—Breaking Developments

As the COVID-19 pandemic reaches further into all corners of the United States, a bevy of federal, state, and local emergency orders aimed at slowing the outbreak’s spread continues to impact an increasing number of...more

California’s ‘Mini-CFPB’—Gov. Newsom’s Budget Proposal Forecasts Significant Expansion of Consumer Financial Services Oversight...

California is poised to join the growing cadre of states enhancing their consumer financial protection functions in response to perceived decreasing federal oversight and enforcement under the Trump administration. Following...more

What Loan Servicers Must Know: How the CFPB’s 2020 Policy Statement on ‘Abusiveness’ Jibes with its Positions in Enforcement Cases

The Consumer Financial Protection Bureau (the Bureau) recently issued an official policy statement (Policy) that illuminates how the Bureau will apply the Dodd-Frank Wall Street Reform and Consumer Protection Act’s...more

Study Shows Marked Increase in FCRA Cases, Downward Trend in Consumer Protection Litigation Overall

The report uncovered a 100% increase in the number of lawsuits brought under the Fair Credit Reporting Act over the past ten years and revealed decreases in Truth-In-Lending Act cases. The report’s data, which represents...more

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