As we approach the end of 2024, several legal and economic developments are coming to a head for condominiums. From a key statutory deadline and long-awaited court rulings to an imploding market for older condominium units,...more
In a recent federal case from New York, the court dealt a blow to plaintiffs suing over data breaches. The plaintiffs had filed a putative class action suit, alleging that they (and others like them) had been harmed by the...more
9/25/2024
/ American Bar Association (ABA) ,
Corporate Counsel ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Policies and Procedures ,
Popular ,
Putative Class Actions
The legal landscape for condominium law continues to evolve. On August 5, 2024, Miami-Dade Circuit Court Judge Thomas J. Rebull issued an illuminating order in the long-running Carillon litigation. Moreover, on October 1,...more
The US Supreme Court this month declined to rule on whether Florida and Texas laws limiting social media platforms’ content moderation violates the First Amendment, sending the issue back to the lower courts. But in doing so,...more
On Friday, March 1, 2024, a federal judge in Alabama ruled that the Corporate Transparency Act is unconstitutional. See NSBU v. Yellen, No. 5:22-cv-1448, 2024 BL 69366, 2024 Us Dist Lexis 36205 (N.D. Ala. Mar. 01, 2024). Here...more
In one of the largest developments in professional sports in years, the 2022 baseball season is in jeopardy because of the Major League Baseball Lockout: team owners and players have not been able to agree on a new collective...more
In a pair of recent decisions, Florida state courts reined in multiple statutes that allow for the recovery of attorneys’ fees. In one decision, the Florida Supreme Court adopted a relatively narrow reading of Florida’s...more
We have previously written about the possible economic and litigation implications of mushrooming corporate debt. Now, the Federal Reserve has flagged some of those same concerns....more
As the pandemic began unfolding about a year ago, we wrote about the risk that the high volume of corporate debt might make it the next market bubble to burst. The issuance of corporate debt only accelerated in 2020 compared...more
Residential mortgage-backed securities offerings prior to 2008 gave rise to an abundance of litigation, some of which continues to this day. There may be reason to anticipate an increase in commercial mortgage-backed...more
As state and local governments throughout the country attempt to find a balance between re-opening the economy and sheltering in place, fears persist that the COVID-19 pandemic has already set in motion the next financial...more
In response to the severe economic disruptions caused by COVID-19, Congress took unprecedented fiscal steps to inject liquidity into the economy. One of Congress’ most significant actions was the CARES Act, which included the...more
Earlier this week, we noted that COVID-19 might be the pin that bursts a corporate debt bubble. Unfortunately, corporate debt is not the only type of debt poised to explode, particularly under mounting pressure from COVID-19...more
As the world grapples with the health threat posed by the novel coronavirus (COVID-19), the secondary threats of the coronavirus—including economic and financial consequences—have come into clear view....more
3/18/2020
/ China ,
Coronavirus/COVID-19 ,
Corporate Bonds ,
Debt ,
Dow Jones ,
Economic Downturn ,
Federal Reserve ,
Financial Markets ,
Financial Services Industry ,
Infectious Diseases ,
Interest Rate Adjustments ,
Mortgages ,
Public Health ,
Recessions ,
Stock Prices
The years since the 2007–2008 financial crisis have been marked with milestone settlements of claims against the major mortgage “aggregators” (sometimes also known as “investors” in the mortgage purchasing context), who then...more
3/17/2020
/ Bank of New York (BNY) Mellon ,
Deutsche Bank ,
FHFA ,
Financial Markets ,
Freddie Mac ,
Investment ,
Investment Products ,
JPMorgan Chase ,
Lehman Brothers ,
Loans ,
Mortgages ,
RMBS ,
Securitization ,
Settlement ,
Wells Fargo
The Consumer Financial Protection Bureau (CFPB) recently announced that it will allow the so-called “GSE patch” to expire in January 2021. This patch permits Government-Sponsored Entities Fannie Mae and Freddie Mac to buy...more
8/20/2019
/ Ability-to-Repay ,
Bright-Line Rule ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Fannie Mae ,
Financial Regulatory Reform ,
Financial Services Industry ,
Freddie Mac ,
GSE ,
Housing Market ,
Loans ,
Mortgages
The fallout from the last financial crisis and recession is far from over. More than a decade after the demise of Lehman and Bear Stearns, among others, litigation continues related to alleged deficiencies in mortgage loans...more
Over the last several years, we have posted several times about whether the statute of limitations bars remedies against lenders (and sometimes sponsors and trustees) of residential mortgages. ...more
Last month, New York’s intermediate appellate court reversed a grant of summary judgment in favor of plaintiff MBIA Ins. Corp. MBIA, an insurer of RMBS trusts and a common plaintiff in this type of litigation, had sued Credit...more