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Commercial Litigation Outlook - 2022

Welcome to the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook. Our nationally recognized team provides keen insights about what to expect in 2022. In short, it will be a busy year that will call...more

First Lawsuit Under the Newly Minted COVID-19 Consumer Protection Act

On Thursday April 15th, the U.S. Department of Justice, on behalf of the Federal Trade Commission (“FTC”) filed a lawsuit in the U.S. District Court for the Eastern District of Missouri against chiropractor Eric A. Nepute and...more

Commercial Litigation Outlook - 2021

As the nation emerges from the pandemic, clients face the double-whammy of delayed resolution of existing disputes (thanks to court shutdowns) and increased litigation activity across the board. The third quarter of 2020 saw...more

CFPB Wastes No Time Shifting Focus to Consumer Protection by Rescinding Trump-Era Policy Statement on Abusive Acts and Practices

The Consumer Financial Protection Bureau (CFPB or Bureau) announced on March 11, 2021 that it is rescinding its January 24, 2020 policy statement, “Statement of Policy Regarding Prohibition on Abusive Acts or Practices” (2020...more

President Biden’s Inauguration Brings Expected Extensions of Federal Foreclosure and Eviction Moratoria

The inauguration of President Biden on January 20, 2021, and the launch of a new executive administration, brought with it further extensions of the federal moratoria on conducting foreclosures of single-family residential...more

Consumer Financial Protection Board Taskforce issues 900-page Report with Broad Recommendations in Waning Days of Trump...

Just two weeks before the inauguration of President-elect Biden, and the launch of a new executive administration, the Consumer Financial Protection Bureau (CFPB or Bureau) Taskforce on Federal Consumer Financial Law...more

SEC Modernizes Decades-Old Investor Marketing Rules to Address Evolution of Markets and Technology

Seyfarth Synopsis: The Securities and Exchange Commission (“SEC”) adopted a new investor marketing rule to replace and modernize its current advertising and cash solicitation rules. Neither of these rules has been...more

Operation CBDeceit Marks Beginning of FTC Crackdown on Deceptive CBD Medical Claims While FDA Continues to Issue Warning Letters

On Thursday, December 17th, the Federal Trade Commission (FTC) announced that it was taking action against six companies selling CBD-based products. These companies faced administrative actions by the FTC for “making a wide...more

In a Win for FinTech, New FDIC Rule Clarifies Industrial Bank Application Process

Seyfarth Synopsis: The Federal Deposit Insurance Corporation (“FDIC”) has issued a new rule codifying and clarifying its expectations for industrial banks and their parent companies to receive approval for federal deposit...more

$91M Nationstar Mortgage Settlement Resolves CFPB and State Claims of Illegal Loan Servicing Practices

On December 7, 2020, the Consumer Financial Protection Bureau (CFPB) along with attorneys general from all 50 states and the District of Columbia and bank regulators from 53 jurisdictions covering 48 states and Puerto Rico,...more

Massachusetts Eviction Moratorium Set to Expire on October 17, 2020

We previously reported that on April 20, 2020, the Commonwealth of Massachusetts enacted emergency legislation imposing moratoriums on certain evictions and foreclosures of primarily residential properties and some commercial...more

Not so Pretty: Cosmetic Company Acquisitions Lead to Contentious Trade Secret Spat

At the end of 2019, Coty Inc. (“Coty”) expanded its brand portfolio by closing a notable $600 million deal for a majority stake in reality star Kylie Jenner’s young cosmetics company, King Kylie LLC (d/b/a Kylie Cosmetics)....more

No Counsel, No Lawsuit: Federal Court Tosses CBD Trade Secret Case

As we previously reported, CBD company Healthcare Resources Management Group, LLC (Healthcare Resources) filed an action in the US District Court for the Southern District of Florida claiming trade secret misappropriation by...more

Some Things Never Change: COVID-19’s Impact on CBD (or Lack Thereof)

Hemp production, unlike much of the farming industry, has not declined due to COVID-19.  Meanwhile, certain CBD companies have wasted no time in making unsubstantiated claims related to COVID-19.  In turn, FDA and FTC...more

FDA Provides Safety Communication Relating to Use of Antimalarial Drugs Hydroxychloroquine and Chloroquine In the Treatment of...

The U.S. Food and Drug Administration has permitted limited use of the antimalarial drugs hydroxychloroquine and chloroquine in the treatment of COVID-19 since issuing an Emergency Use Authorization for such drugs on March...more

COVID-19’s Potential Effect on Lender Liability

COVID-19 has not only created red tape for us—sheltering-in-place, staying six feet away from others, wearing masks in public—but it also has created new red tape for lenders. Each day new federal and state legislation, as...more

Consumer Fraud Increases in the Wake of COVID-19 and Enforcement Activities Quickly Follow

Last week, the Federal Trade Commission (“FTC”) and Food & Drug Administration (“FDA”) ramped up their enforcement letters since they first issued COVID-19 related warning letters a month ago. ...more

Navigating the Residential Mortgage Landscape During COVID-19: What Lenders and Servicers Should Know About The CARES Act

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was signed into law. Among other things, the CARES Act allows residential mortgage borrowers with federally-backed loans to obtain a...more

False Advertising: Changing Your Business To Meet Market Needs During The COVID-19 Pandemic

From severe shortages in medical masks and ventilation equipment worldwide to the curious “toilet paper desert” in America,  COVID-19 is creating temporary and long-term disruptions in the availability of both highly...more

CBD Cream Manufacturer Responds to Motion to Dismiss in Trade Secret Litigation

As we previously reported, on February 18, 2020, Medterra CBD (“Medterra”) filed a motion to dismiss a lawsuit alleging that it had misappropriated Healthcare Resources Management Group LLC’s (“Healthcare Resources”)...more

CBD Company Files Motion to Dismiss in Trade Secret Dispute

On February 18, 2020, Medterra CBD filed a motion to dismiss a lawsuit alleging that it had misappropriated Healthcare Resources Management Group LLC’s (“Healthcare Resource”) proprietary formula for a CBD cream aimed at...more

FTC Seeks Public Comment On Enhanced Efforts To Curb Misleading Endorsements

The Federal Trade Commission (FTC) questions whether the impact of its enforcement efforts are truly acting as a deterrent to stop misleading online marketing. In its latest effort to tackle the growing problems arising from...more

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