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Finance & Banking Professional Practice Civil Procedure

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Forum Selection Clause in an Unsigned Pre-Petition Engagement Letter is Binding on Chapter 11 Trustee.

Every lawyer knows that it is important to enter into a signed engagement letter with a client before commencing legal representation. But, as one law firm recently discovered, even an unsigned engagement letter is better...more

Recent Massachusetts AG consent order places new requirements on debt collection law firm

by Ballard Spahr LLP on

In a recent consent order with a legal collection law firm, the Massachusetts Attorney General imposed significant restrictions on legal collection that go beyond previous CFPB consent orders, which we covered here. We...more

CFPB settles FDCPA claims against debt collection law firms

by Ballard Spahr LLP on

The CFPB announced that it has entered into a consent order with two law firms specializing in the collection of medical debts and their president for alleged FDCPA violations.  The consent order also settles allegations that...more

Voicemail Message Without Express Statement It Was From Debt Collector Did Not Violate FDCPA, Ninth Circuit Rules

by Ballard Spahr LLP on

A debt collection law firm did not violate the Fair Debt Collection Practices Act (FDCPA) by leaving a voicemail message for the plaintiff that identified the law firm but did not expressly state that the law firm was a debt...more

Third Circuit Remands "Meaningful Attorney Involvement" Decision

by Ballard Spahr LLP on

The U.S. Court of Appeals for the Third Circuit has vacated the district court's decision in Bock v. Pressler & Pressler, LLP in which the district court ruled that a debt collection law firm violated the Fair Debt Collection...more

Third Circuit Remands “Meaningful Attorney Review” FDCPA Decision with Instruction to Consider Article III Standing Under Spokeo,...

by Burr & Forman on

The Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), continues to have a substantial impact on federal courts, especially with respect to alleged statutory violations of the Fair Debt...more

Do We Want the CFPB to Regulate the Practice of Law?

by Burr & Forman on

On April 25, the Consumer Financial Protection Bureau (“CFPB”) entered into a Consent Order with a New Jersey debt collection law firm, Pressler & Pressler, LLP, and two of its managing partners, Sheldon H. Pressler, and...more

Legal Advice Privilege In The Context Of A Regulatory Investigation

by Allen & Overy LLP on

In this case report, we consider the decision of the High Court in Property Alliance Group Ltd v The Royal Bank of Scotland plc [2015] EWHC 3187 (Ch) (5 November 2015). In the latest in a series of procedural decisions in...more

Borrowers' Counsel Can Be Sanctioned over Frivolous Complaints in Foreclosure and Eviction Proceedings, Michigan Court Holds

by Ballard Spahr LLP on

A Michigan appellate court recently held that a borrower's counsel could be sanctioned for filing a complaint for the purpose of delaying foreclosure or eviction. In Edgett v. Flagstar Bank, after multiple reviews of the...more

Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million

by Bloomberg Law on

April 10 (Bloomberg Law) -- Why the Residential Capital LLC examiner's report will cost almost $83 million is the first item on the new Bloomberg bankruptcy video with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy...more

The Mexican Anti-money Laundering Law

by Giancarlo Schievenini on

On October 17, 2012, Mexico's Ministry of Finance published the Federal Law for the Prevention and Identification of Transactions from Illegal Funds (Ley Federal para la Prevención e Identificación de...more

Why and When to Conduct an Asset Search

by Edward Amaral on

Asset Search services are one of those areas that most people know little about until they need them. For example, personal injury attorneys have conducted asset searches to satisfy their due diligence in finding a...more

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