EDITOR’S NOTE -
So much for the lazy days of summer. It’s been a busy couple of months on both coasts. In a case of déjà vu all over again, a New York federal court found that the CFPB structure is unconstitutional and that...more
9/12/2018
/ Arbitration ,
BSA/AML ,
Consent Order ,
Consumer Financial Protection Bureau (CFPB) ,
Fair Credit Reporting Act (FCRA) ,
Fair Lending ,
Financial Services Industry ,
FinTech ,
Fixing America’s Surface Transportation Act (FAST Act) ,
Mortgages ,
OCC ,
RMBS ,
TCPA ,
U.S. Treasury ,
Volcker Rule
BELTWAY -
The Wayback Machine -
Congress passed, and on May 24, 2018, the president signed into law, the Economic Growth, Regulatory Relief, and Consumer Protection Act (S.2155). The law makes significant changes to...more
6/8/2018
/ Arbitration ,
Auto Lease ,
Banking Sector ,
BSA/AML ,
Consumer Financial Protection Bureau (CFPB) ,
Cryptocurrency ,
Economic Growth Regulatory Relief and Consumer Protection Act ,
Fair Lending ,
FDCPA ,
FFIEC ,
FinTech ,
GAO ,
General Data Protection Regulation (GDPR) ,
HMDA ,
Securities and Exchange Commission (SEC) ,
SIFMA ,
TCPA
There was something for everyone in the long-awaited decision from the en banc D.C. Circuit in PHH Corp. v. CFPB. In the part of the decision that has garnered widespread attention, the D.C. Circuit held that the structure of...more
EDITOR’S NOTE -
Summer blockbuster season is officially upon us. Have you seen Wonder Woman yet? What about Guardians of the Galaxy Part 2? It’s déjà vu all over again with Baywatch, Pirates of the Caribbean, Alien,...more
6/20/2017
/ Arbitration ,
Blockchain ,
BSA/AML ,
Consent Order ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Card Surcharges ,
Credit Cards ,
Credit Reporting Agencies ,
Disclosure Requirements ,
Expressions Hair Design v Schneiderman ,
Fair Lending ,
FCC ,
FinTech ,
First Amendment ,
HERA ,
Lending ,
Money Laundering ,
Mortgages ,
OCC ,
Prepaid Payment Products ,
SCOTUS ,
Small Business ,
TCPA ,
Trump Administration
The potentially explosive combination of the D.C. Circuit’s October decision in PHH v. CFPB and the outcome of the presidential election has spurred a host of questions about how the PHH litigation may proceed and about the...more
12/6/2016
/ Administrative Proceedings ,
Article II ,
Banking Sector ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
HUD ,
Kickbacks ,
Mortgages ,
PHH Corp. v CFPB ,
Presidential Elections ,
Referral Fees ,
Reinsurance ,
Removal For-Cause ,
RESPA ,
Single Director ,
Statute of Limitations ,
Statutory Interpretation ,
Trump Administration
In a decision eagerly awaited by the financial services industry, the D.C. Circuit this week handed the Consumer Financial Protection Bureau (CFPB) a major defeat, throwing out a mortgage lender’s $109 million disgorgement...more
10/14/2016
/ Administrative Proceedings ,
Article II ,
Banking Sector ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Due Process ,
HUD ,
Insurance Industry ,
Kickbacks ,
Mortgage Insurance ,
Mortgages ,
PHH Corp. v CFPB ,
Referral Fees ,
Reinsurance ,
Removal For-Cause ,
RESPA ,
Single Director ,
Statute of Limitations ,
Statutory Interpretation
Introduction -
On Tuesday, the U.S. Supreme Court issued an important decision that continues a trend of judicial skepticism toward federal agency efforts to avoid judicial review of agency permitting and related...more
6/3/2016
/ Administrative Appeals ,
Administrative Procedure Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Final Judgment ,
Hawkes Co v United States Army Corps of Engineers ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Land Developers ,
Permits ,
Property Owners ,
SCOTUS ,
Section 404 ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Citing “immediate risks” to national security, public health and the economy, the Obama administration adopted ambitious regulations and policies to implement its Clean Power Plan, establishing the first national standards to...more
Citing “immediate risks” to national security, public health, and the economy, the Obama Administration adopted ambitious regulations and policies to implement its Clean Power Plan, establishing the first ever national...more
8/6/2015
/ Carbon Emissions ,
Clean Air Act ,
Clean Energy ,
Clean Power Plan ,
Climate Change ,
Coal-Fired Generation ,
Department of Energy (DOE) ,
Emissions Trading System ,
Energy Efficiency ,
Environmental Protection Agency (EPA) ,
FERC ,
Final Rules ,
Greenhouse Gas Emissions ,
National Emissions Standards ,
Natural Gas ,
Obama Administration ,
Power Plants ,
Reliability Standards ,
Renewable Energy ,
Solar Energy ,
Wind Power
In This Issue:
- En Banc Federal Circuit Abandons “Strong” Presumption That a Limitation Is Not Subject to 35 U.S.C. § 112, Paragraph 6
- Supreme Court Rejects Belief of Invalidity Defense for Inducement in...more
7/8/2015
/ Cisco v CommilUSA ,
EU ,
European Patent Convention ,
European Patent Office ,
First Amendment ,
Free Speech ,
Induced Infringement ,
Inter Partes Review (IPR) Proceeding ,
Japan ,
Japan Patent Office ,
Lanham Act ,
Means-Plus-Function ,
Motion to Amend ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Oppositions ,
Patent Trial and Appeal Board ,
Patents ,
Redskins ,
SCOTUS ,
Unified Patent Court ,
Unitary Patent
The Telephone Consumer Protection Act (TCPA), which generally prohibits certain calls to cell phones made with an Automatic Telephone Dialing System (ATDS), has created considerable compliance challenges for businesses, and...more
The FAA’s regulatory actions on unmanned aircraft systems (“UAS”) are accelerating, making it more important than ever for those in the industry—and those looking to use this technology in their own sectors—to keep their eyes...more
Federal efforts to formulate a series of rules governing the commercial use of drones, or unmanned aircraft systems (“UAS”), took another step forward on March 5, 2015, when the National Telecommunications and Information...more
Over the weekend of Feb. 14, the FAA issued a much-anticipated Notice of Proposed Rulemaking (NPRM) for small Unmanned Aircraft Systems (UAS)—i.e., drones weighing less than 55 pounds. The oft-delayed NPRM comes three years...more
The Federal Communications Commission (FCC) seeks comment on a petition asking that the FCC clarify the scope of “prior express consent” under the Telephone Consumer Protection Act (TCPA). Specifically, Citizens Bank asks the...more
In This Issue:
- Castle Defense: Federal Circuit Reinforces Patent Damages Gate in VirnetX
- Standards Patent Licensing: Always Apportionment, Sometimes Stacking
- Supreme Court to Consider Good-Faith...more
1/6/2015
/ Biotechnology ,
Cisco ,
Expert Testimony ,
FRAND ,
Good Faith ,
IP License ,
Life Sciences ,
Patent Litigation ,
Patent Royalties ,
Patents ,
Royalties ,
SCOTUS
On December 5, 2014, the Supreme Court granted certiorari in Commil v. Cisco to decide whether an infringer’s good-faith belief of patent invalidity is a defense to induced infringement. The case could prove significant for...more
Most of the attention paid to drones has focused on issues of aviation and Federal Aviation Administration (FAA) authority. Yet much of the impact of low-flying drones will fall, not on the national air transportation system,...more
Unmanned aircraft systems (UAS) have operated within an uncertain legal framework while players across a rapidly growing range of commercial industries — from energy to rail transport to forestry to all types of...more