Author Info for McGlinchey Stafford

Charles Adams

When Is Form 1099-C Required of Lenders? [More with McGlinchey, Ep. 16]

When debt is forgiven, as much of the funding lent through the CARES Act’s PPP may be, a lender may be required to file IRS Form 1099-C with the IRS and to furnish a copy to the borrower. As a lender, do I need to file the…more

Borrowers, Cancellation of Debt (COD), CARES Act, Income Taxes, Internal Revenue Code (IRC)

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Brittany Adikes

“Hemp-Derived” THC in Massachusetts: Navigating the Regulatory Maze

The recent proliferation of intoxicating hemp products containing “hemp-derived” THCs in Massachusetts restaurants, liquor stores, and convenience shops has sparked debate among state officials in determining whether these…more

Cannabis Products, Controlled Substances Act, Department of Agriculture, Department of Health and Human Services (HHS), Farm Bill

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Rudy Aguilar

Corporate Transparency Act Reporting Begins: Are You Ready?

Effective January 1, 2024, companies must disclose their beneficial owners to the Financial Crimes Enforcement Network (FinCEN) within the United States Department of Treasury. The reporting requirement is part of the U.S…more

Anti-Money Laundering, Beneficial Owner, CEOs, CFOs, Corporate Transparency Act

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Andrew Albritton

Texas District Court Blocks FTC Non-Compete Rule

The rule was previously set to go into effect on September 4, 2024. It would have broadly banned the enforcement on non-compete clauses in employment agreements for nearly all employees nationwide and required employers to…more

Executive Orders, Federal Trade Commission (FTC), Final Judgment, Injunctions, Joe Biden

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Aleksandr Altshuler

Litigation Byte (August Edition)

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful bites…more

Abusive Acts, Action to Quiet Title, Credit Reporting Agencies, Credit Reports, Defamation

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Remington Angelle

Law of the Land? Cannabis, Preemption, and SCOTUS [More with McGlinchey Ep. 37]

Cannabis is illegal under federal law, but legal for certain uses in many states. Might the U. S. Supreme Court resolve this conflict in a Workers’ Comp case? In this episode of the "More with McGlinchey" podcast, attorneys…more

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Joseph Apatov

Podcast: Deep Dive into Bank Partnerships: Lending, Litigation, Legislative Trends, and True Lender [More with McGlinchey, Ep. 66]

The next installment in McGlinchey’s Deep Dive into Bank Partnerships Series features a podcast on lending, presented by attorneys Joe Apatov, Aaron Kouhoupt, and Robert Savoie. Their discussion centers on the evolving landscape…more

Consumer Financial Products, Depository Institutions, DIDMCA, Financial Institutions, Financial Regulatory Reform

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Rachael Aspery

Podcast: Deep Dive into the Regulatory Landscape of Bank Partnerships Featuring American Fintech Council CEO, Phil Goldfeder [More with McGlinchey, Ep. 71]

McGlinchey attorneys Robert Savoie and Rachael Aspery are joined by Phil Goldfeder, the CEO of the American Fintech Council, in this installment of the Deep Dive into Bank Partnerships. The podcast focuses primarily on dealing…more

Banking Sector, Banks, Consumer Financial Products, Financial Institutions, Financial Regulatory Reform

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Jeffrey Barringer

CFPB Supervisory Highlights Reflect Continued Emphasis on “Junk Fees”

On April 24, 2024, the Consumer Financial Protection Bureau (CFPB) released the latest edition of its Supervisory Highlights, this time targeting so-called “junk fees” in the mortgage servicing industry. According to the CFPB,…more

Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Excessive Fees, Financial Services Industry, Late Fees

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Steve Beiser

NLRB Rules Non-Disparagement, Confidentiality Provisions Violate Labor Act

In a ruling that could have far-reaching implications, the National Labor Relations Board (NLRB) has determined that non-disparagement and confidentiality provisions in releases related to severance agreements or settlements…more

Confidentiality Agreements, NLRA, NLRB, Non-Disparagement Provisions, Separation Agreement

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Jason Bichsel

Powersports and the CFPB: Fair lending, fees, repossessions, and voluntary products

Compliance lawyers last summer were predicting that the Consumer Financial Protection Bureau (CFPB) would announce a robust regulatory agenda under the Biden administration, but we had not yet seen many details that allowed us…more

Algorithms, Artificial Intelligence, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), ECOA

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Magdalen Blessey Bickford

Podcast: From the Capitol to the Crescent: Growth and Culture in McGlinchey’s Louisiana Offices [More with McGlinchey, Ep. 67]

Coming out of COVID, law firms are redefining themselves and adapting new models of operations. At McGlinchey, we fine-tuned our operations under an initiative called #McGlincheyForward. And part of that effort is focused on the…more

Business of Law, Corporate Law Departments, Firm Leadership, In-House Perspective, Law Firm Ownership

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Mikelle Bliss

NY Court Of Appeals Issues A Landmark Decision On The Statute Of Limitations In Mortgage Foreclosure Actions

On February 18, 2021, the New York Court of Appeals issued a landmark decision in four cases related to the application of the statute of limitations to foreclose a mortgage in New York. Most notable is the long-anticipated…more

Appellate Courts, Foreclosure, Loan Modifications, Mortgages, Motion to Dismiss

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Michael Blumenthal

Litigation Byte (July Edition)

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful bites…more

Administrative Procedure Act, Cell Phones, Chevron Deference, Creditors, FDCPA

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Chris Bottcher

Litigation Byte (June Edition)

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful bites…more

AL Supreme Court, Arbitration Agreements, Class Action, Credit Reporting Agencies, Creditors

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Shanna Boughton

COVID Relief Updates: Mortgages, Debt Collection, And Student Lending

Since the beginning of the year and the change in Presidential administrations, a number of relief measures granted in response to the COVID-19 pandemic have been extended. Below are updates regarding relief measures in place…more

CARES Act, Centers for Disease Control and Prevention (CDC), Consolidated Appropriations Act (CAA), Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB)

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Rasch Brown, III

Redefining Personal Jurisdiction: SCOTUS rules on the Ford Cases [More with McGlinchey Ep. 19]

What does the U.S. Supreme Court’s March 25, 2021 decision regarding personal jurisdiction in the Ford cases mean for litigants and litigation across the country? In Part 4 of their series on the changing landscape of general…more

Automotive Industry, Causation, Ford Motor, Ford Motor Co. v Bandemer, Ford Motor Co. v Montana Eighth Judicial District Court

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Camille Bryant

SCOTUS Deals Blow to LGBTQ+ Rights, Public Accommodation Law

In the 303 Creative LLC v. Elenis decision, the Supreme Court set back gains made by the LGBTQ+ community over the past decade. In a 6-3 decision, the nation’s highest Court answered a question about the balance of religious…more

303 Creative LLC v Elenis, Civil Rights Act, First Amendment, LGBTQ, Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission

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Candy Burnette

TRO enjoins enforcement of portions of Massachusetts emergency debt collection regulation. Now what?

On April 17, 2020, Massachusetts Attorney General Maura Healey promulgated emergency regulation 940 CMR 35.00 to address “unfair and deceptive debt collection practices during the state of emergency caused by COVID-19.” The…more

Collection Agencies, Compliance, Coronavirus/COVID-19, Debt Collection, New Regulations

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Kevin Buryanek

Litigation Byte (July Edition)

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful bites…more

Administrative Procedure Act, Cell Phones, Chevron Deference, Creditors, FDCPA

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Timothy Byrd Jr.

Podcast: Cannabis and Bankruptcy, Ep. 3: Considerations for Lenders [More with McGlinchey, Ep. 55]

In the final episode of our three-part series, "Exploring Issues in Cannabis and Bankruptcy," McGlinchey's Cannabis Group Co-Chair, Heidi Urness, along with colleagues Timothy Byrd and Rudy Cerone, will delve into the…more

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Alfred Carry

Are You a Foreign Agent? [More with McGlinchey, Ep. 21

The Maria Butina case cast a spotlight on once-obscure laws known as 18 USC Section 951, and the Foreign Agent Registration Act, or FARA. The government has revived these laws to target political actors, foreign propagandists,…more

Foreign Agents, Foreign Agents Registration Act (FARA), Foreign Governments, Foreign Relations, Registration Requirement

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Rudy Cerone

Priority of IRS Liens in Bankruptcy: Reminder That the King Gets Paid First

So starts the opinion of the United States Court of Appeals for the Ninth Circuit in United States v. MacKenzie: “As Benjamin Franklin said, ‘nothing is certain except death and taxes.’ But how certain are taxes in a Chapter 7…more

Allocation of Funds, Bankruptcy Court, Bankruptcy Trustees, Debtors, IRS

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Douglas Charnas

Priority of IRS Liens in Bankruptcy: Reminder That the King Gets Paid First

So starts the opinion of the United States Court of Appeals for the Ninth Circuit in United States v. MacKenzie: “As Benjamin Franklin said, ‘nothing is certain except death and taxes.’ But how certain are taxes in a Chapter 7…more

Allocation of Funds, Bankruptcy Court, Bankruptcy Trustees, Debtors, IRS

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Kathy Conklin

Nice Try, But HIPAA Privacy Doesn’t Stop Vaccine Inquiries by Employers and Businesses

HIPAA privacy rules do not prevent employers and businesses from asking employees and visitors about their COVID-19 vaccination status, the government recently reiterated. In guidance issued on September 30, 2021, the U.S…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Employer Group Health Plans, Health Insurance Portability and Accountability Act (HIPAA), New Guidance

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José Cot

Maritime Products Liability Law: Understanding the Fundamentals

The United States Supreme Court first recognized products liability, including strict liability, as part of the general maritime law in East River Steamship S.S. Corp. v. Transamerica Delaval, Inc., 476 U.S. 858 (1986). The…more

Breach of Warranty, Design Defects, Distributors, Duty to Warn, Failure To Warn

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Kerry Ann Cummings

Podcast: Dictaphones to Zoom Fatigue: Navigating the Multigenerational Practice of Law [More with McGlinchey, Ep. 49]

The modern law firm counts four generations of workers in its ranks. From the language of pleadings and law libraries to communication styles and work/life balance, what makes these employees different – and how are they more…more

Business Development, Client Services, Firm Leadership, Law Firm Associates, Law Firm Partners

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Farren Lorraine Davis

On Juneteenth: A Discussion with McGlinchey’s African American Affinity Group [More with McGlinchey, Ep. 41]

Juneteenth is the oldest commemoration of the ending of slavery in the United States. In the latest episode of More with McGlinchey, we present a recording of an internal panel discussion between members of McGlinchey’s African…more

Heritage & Culture, Holidays, Slavery

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Kathryn Davis

Litigation Byte (August Edition)

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful bites…more

Abusive Acts, Action to Quiet Title, Credit Reporting Agencies, Credit Reports, Defamation

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Colin Dean

Litigation Byte (June Edition)

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful bites…more

AL Supreme Court, Arbitration Agreements, Class Action, Credit Reporting Agencies, Creditors

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Stefanie Deka

One Unwanted Voicemail Is Enough to Establish Standing under the FDCPA

In Ward v. NPAS, Inc., 63 F.4th 576 (6th Cir. 2023), Plaintiff Ward did not pay as agreed for medical services, and the medical center sent his unpaid bills to a third-party collector, NPAS, Inc. (NPAS). In trying to collect the…more

Cease and Desist, Debt Collection, FDCPA, Intrusion Upon Seclusion, TCPA

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Susan Fahey Desmond

NLRB Set to Return to Obama Union Election Rules

On April 1, 2020, the National Labor Relations Board (NLRB or the Board) made various amendments to its rules and regulations governing blocking charges, the voluntary-recognition bar doctrine, and proof of majority support for…more

Amended Rules, Blocking Statutes, Construction Industry, Labor Relations, NLRA

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Robert Driscoll

Podcast: Governing an Algorithm? The DeFi and Crypto Enforcement Landscape [More with McGlinchey, Ep. 50]

The regulatory framework for cryptocurrency and DeFi in general is still a little murky. That hasn’t stopped regulatory bodies from bringing enforcement actions against players in this space. What’s on the horizon when it comes…more

Cryptocurrency, Decentralized Finance (DeFi), Enforcement Actions, Risk Assessment

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Mark Edelman

The Crystal Ball: Compliance predictions for 2022

Welcome to my latest attempt at predicting what next year has in store for the auto finance industry. As I mentioned in last month’s column, there are a number of regulatory themes from 2021 that we can expect to carry over into…more

Automotive Industry, Consumer Financial Protection Bureau (CFPB), Data Privacy, Debt Collectors, Payment Processors

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Michael Ferachi

Staying Nimble and Embracing Values Are Essential for Mid-Size Law Firms’ Survival

In the ever-evolving legal landscape, mid-size law firms find themselves at a critical juncture. Seismic shifts, accelerated by the pandemic, have reshaped the very fabric of our industry. Now, more than ever, agility,…more

Business Development, Client Services, Firm Leadership, Law Firm Associates, Law Firm Partners

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Amy Greenwood-Field

New York Department of Financial Services Issues Guidance on Customer Service Requirements for Virtual Currency

On May 30, 2024, the New York Department of Financial Services (DFS) published a press release and issued guidance to Virtual Currency Entities (VCEs) concerning the DFS’s expectations for the resolution of customer service…more

Customer Service Standard, Department of Finance, New Guidance, New York, Policies and Procedures

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Brian Fink

CFPB Takes Adverse Action Against Machine Learning

The Consumer Financial Protection Bureau (CFPB) has been contemplating data, algorithms, and machine learning for years. In 2017, as part of a field hearing on alternative data, the CFPB issued a request for information in part…more

Adverse Action, Algorithms, Artificial Intelligence, Consumer Advisory Board, Consumer Financial Protection Bureau (CFPB)

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Hillel Frankel

2024 Cannabis Trademarks and Branding

Based on recent events, it seems likely marijuana will be rescheduled under the Controlled Substances Act (CSA) sometime this year. While many industry experts have discussed the impacts in recent months, many questions still…more

Agribusiness, Brand, Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances Act

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Zelma Murray Frederick

Podcast: From the Capitol to the Crescent: Growth and Culture in McGlinchey’s Louisiana Offices [More with McGlinchey, Ep. 67]

Coming out of COVID, law firms are redefining themselves and adapting new models of operations. At McGlinchey, we fine-tuned our operations under an initiative called #McGlincheyForward. And part of that effort is focused on the…more

Business of Law, Corporate Law Departments, Firm Leadership, In-House Perspective, Law Firm Ownership

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Jon Ann H. Giblin

Louisiana employers can be responsible for employees’ garnishments on behalf of creditor

Buried deep in the Louisiana Code of Civil Procedure is a little-known law which gives creditors the right to seek wage garnishments from a borrower’s employer if the borrower fails to satisfy a loan obligation…more

Creditors, Louisiana, Rules of Civil Procedure, Wage Garnishment, Wages

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Matthew Gordon

Litigation Byte (June Edition)

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful bites…more

AL Supreme Court, Arbitration Agreements, Class Action, Credit Reporting Agencies, Creditors

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Alexander Green

Litigation Byte (August Edition)

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful bites…more

Abusive Acts, Action to Quiet Title, Credit Reporting Agencies, Credit Reports, Defamation

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Christopher Greenidge

New York Interest-On-Escrow Law Preempted by National Bank Act

On September 15, 2022, the U.S. Court of Appeals for the Second Circuit ruled in Cantero v. Bank of Am. that the National Bank Act (NBA) preempts a New York law requiring mortgage lenders to pay interest on mortgage escrow…more

Bank of America, Bank Secrecy Act, Dodd-Frank, Escrow Accounts, Mortgage Interest

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R. Marshall Grodner

Title Searches for Commercial Leases: Know Before You Sign

Companies entering into a commercial lease of real property often minimize the importance of completing a title search. While there may be valid reasons, beyond simply the cost, why a prospective tenant may choose to forego a…more

Commercial Leases, Non-Compete Agreements, Property Owners, Public Records, Purchasers

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Ben Gross

Decoding State Commercial Financing Disclosure Laws, Floorplan Financing

Floorplan financing exemptions in the new state commercial financing disclosure laws may not be as broad as lenders think. Following in the footsteps of California in 2018, states across the nation — including Utah,…more

Annual Percentage Rate (APR), Closed-End Loans, Disclosure Requirements, Lease Financing, Non-Bank Lenders

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Lynette Hotchkiss

FTC Issues New Health Products Compliance Guidance

The Federal Trade Commission (FTC) has issued a new Health Products Compliance Guidance document to provide guidance to businesses on how to ensure that claims about the benefits and safety of health-related products are…more

Dietary Supplements, Federal Trade Commission (FTC), Health Claims, Marketing, New Guidance

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Kim Israel

Woman’s History Month: Uplift Panel Discussion [More with McGlinchey, Ep. 36]

In honor of Women’s History Month, members of Uplift, McGlinchey’s women’s initiative, gathered for a multi-generational discussion. In this episode of More with McGlinchey, Uplift Co-Chair Kristi Richard speaks with Mary…more

Firm Leadership, Law Firm Associates, Law Firm Partners, Women in the Law

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Christopher John

Texas Politicians Take Aim at Hemp-Derived THC

On April 11, 2024, Texas Lt. Governor Dan Patrick released his 2024 Interim Legislative Charges. This list indicates his goals for the upcoming legislative session, and among his priorities ahead of the 2025 Texas Legislative…more

Agricultural Sector, Cannabidiol (CBD) oil, Cannabis Products, Compassionate Use Act, DEA

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Courtney Joiner

What do recent DOL opinions on FMLA mean for intermittent leave and holidays?

The Family Medical Leave Act (FMLA) allows an employee to take up to 12 weeks of unpaid and job-protected leave for qualifying family and medical reasons. The FMLA also requires employers to maintain health benefits while an…more

Department of Labor (DOL), Family and Medical Leave Act (FMLA), Holidays, Intermittent Leave, Opinion Letter

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Paul Kellogg

Texas Mortgage Loan Rule Changes

The Texas Department of Savings and Mortgage Lending has proposed a wide-ranging overhaul of its rules concerning residential mortgage loan originators (RMLOs), loan companies, mortgage bankers, and servicers. Some of the…more

Advertising, Consumer Lenders, Data Breach, Federal Trade Commission (FTC), Loans

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Aaron Kouhoupt

What Would Cannabis Rescheduling Mean for Lending and Payments Legality?

The U.S. Drug Enforcement Agency’s proposal to reschedule cannabis from a Schedule I to a Schedule III drug under the Controlled Substances Act (CSA) has generated considerable buzz across business sectors, including for the…more

Agribusiness, Anti-Money Laundering, Bank Secrecy Act, Banks, Controlled Substances Act

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Devin Leary-Hanebrink

Colorado and Connecticut Set to Debut New Data Privacy Laws on July 1

Beginning July 1, 2023, the Colorado Privacy Act and the Connecticut Personal Data Privacy and Online Monitoring Act will take effect. Following California (in 2020) and Virginia (earlier this year), four states now have enacted…more

Consumer Privacy Rights, Data Privacy, Data Protection, Opt-Outs, Privacy Laws

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Brian LeCompte

Redefining Personal Jurisdiction: SCOTUS rules on the Ford Cases [More with McGlinchey Ep. 19]

What does the U.S. Supreme Court’s March 25, 2021 decision regarding personal jurisdiction in the Ford cases mean for litigants and litigation across the country? In Part 4 of their series on the changing landscape of general…more

Automotive Industry, Causation, Ford Motor, Ford Motor Co. v Bandemer, Ford Motor Co. v Montana Eighth Judicial District Court

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Paul Leonard

Legislation: Cryptocurrency Staking Rewards Taxed at Time of Sale

Proposed federal legislation would move the time of taxation for rewards received from staking cryptocurrency and other digital assets to the time of sale. IRS guidance currently provides that staking rewards are taxed at the…more

Cryptocurrency, Digital Assets, Fair Market Value, Income Taxes, IRS

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Marc Lifset

Industry News: Recent Developments Affecting Manufactured Housing

Several industry updates that affect manufactured housing either take effect October 1, 2020, or will be unveiled sometime later this month. Detailed below is a summary of recent developments…more

Borrowers, Building Codes, Consumer Financial Products, HUD, International Chamber of Commerce (ICC)

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Kelly Lipinski

Illinois SB 86 Brings New Requirements for Student Loan Lenders and Servicers

On August 2, 2024, the Illinois governor signed SB 86 into law to amend the Illinois Know Before You Owe Private Education Loan Act and the Illinois Student Loan Servicing Rights Act. Establishing new requirements that will…more

Borrowers, Co-Signers, Default, Illinois, Lenders

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Christine Lipsey

Client Confidentiality in the Age of Coronavirus [More with McGlinchey Ep. 2]

Confidentiality is fundamental to the client-lawyer relationship. It encourages candid communication between client and lawyer and assists the lawyer in more effectively representing the client. In this episode, McGlinchey…more

Attorney-Client Privilege, Client Communication, Client Services, Confidential Information, Coronavirus/COVID-19

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Julia Berry Lopez

Oklahoma to Require Registration of “Administrators” of Motor Vehicle Debt Waivers & Value Protection Agreements

While it is not novel to see administrator registration requirements for vehicle service contracts or other vehicle protection products, Oklahoma recently enacted SB 541 which now requires the registration of debt waiver program…more

Asset Protection, Financing, Motor Vehicles, Registration Requirement, Service Contracts

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Tiyanna Lords

Colorado Enacts Law Regulating High-Risk Artificial Intelligence Systems

On May 17, 2024, Colorado enacted SB 205, broadly regulating the use of high-risk artificial intelligence systems to protect consumers from unfavorable and unlawful differential treatment. The bill, which requires compliance on…more

Algorithms, Artificial Intelligence, Automation Systems, Colorado, Disclosure Requirements

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Melissa Losch

Pregnant Workers Fairness Act: EEOC Regulations Finalized

On December 9, 2022, President Biden signed the Pregnant Workers Fairness Act (PWFA) into law. The Equal Employment Opportunity Commission (EEOC) issued proposed regulations on August 11, 2023, and stakeholders had sixty (60)…more

Americans with Disabilities Act (ADA), Documentation, Equal Employment Opportunity Commission (EEOC), Family and Medical Leave Act (FMLA), Pregnancy

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Paul Lysobey

Illinois SB 86 Brings New Requirements for Student Loan Lenders and Servicers

On August 2, 2024, the Illinois governor signed SB 86 into law to amend the Illinois Know Before You Owe Private Education Loan Act and the Illinois Student Loan Servicing Rights Act. Establishing new requirements that will…more

Borrowers, Co-Signers, Default, Illinois, Lenders

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Matt Manning

#WhyMcGlinchey? Path to Partnership with Matt Manning [More with McGlinchey, Ep. 40]

The path to partnership looks different for every lawyer. During today’s installment of the #WhyMcGlinchey Path to Partnership series of the "More with McGlinchey" podcast, Director of Recruiting Margeaux Roush talks with Matt…more

Career Development, Law Firm Associates, Law Firm Partners

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Gillian Miculek McCarroll

2024 Changes to Eastern District of Louisiana Local Rules

New Orleans’ resident federal court, the Eastern District of Louisiana, made notable changes to its local rules effective January 1, 2024, which impact daily practice for most Eastern District attorneys. First, the amendments…more

Disclosure, Filing Requirements, Louisiana, Misappropriation, Oral Argument

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Michelle McCliman

Why We Pursued Mansfield Certification

Readers have likely heard about Diversity Lab’s “Mansfield Rule” Certification process, which aims to “boost and sustain diversity” in legal leadership. As a firm that has always sought diverse candidates for open positions and…more

Certifications, Disabilities, Diversity, Diversity and Inclusion Standards (D&I), Firm Leadership

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Deirdre McGlinchey

A Leadership Perspective on Firm Diversity and Inclusion Efforts [More With McGlinchey Ep. 10]

Diversity and inclusion have been trending topics in the legal world for many years. The recent focus on social justice has cast a spotlight on those efforts. In this episode, McGlinchey’s Managing Member Rodolfo (Rudy) Aguilar…more

Diversity, Diversity and Inclusion Standards (D&I), Firm Leadership, Law Firm Associates, Law Firm Partners

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Sarah McMillan

5th Circuit: Mesothelioma Claim Not Preempted By Federal Statute

On June 12, 2023, the U.S. Court of Appeal for the Fifth Circuit reversed a grant of summary judgment holding a shipyard immune from Louisiana state law tort claims pursuant to the Longshore and Harbor Workers’ Compensation Act…more

Asbestos, Immunity, LHWCA, Mesothelioma, Toxic Exposure

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Jim Milano

Agencies Propose Quality Control Standards for AVMs

Mortgage originators and secondary market issuers use automated valuation models (AVMs) in determining the worth of collateral securing mortgages on consumers’ principal dwellings. As part of the Dodd-Frank Wall Street Reform…more

Appraisal, Automated Decision Systems (ADS), Consumer Financial Protection Bureau (CFPB), Data Management, Fair Housing Act (FHA)

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Heather Morse

How Law Firms Combat the Great Resignation (Part 2) [More with McGlinchey, Ep. 39]

The Coronavirus’s impact on workplaces has led to what many are calling “The Great Resignation.” It’s impacting every industry nationwide, leaving many employers scrambling to retain and replace employees. In this second…more

Diversity, Labor Shortage, Law Firm Associates, Law Firm Partners, Law Practice Management

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Helen Mosothoane

HUD Restores 2013 Discriminatory Effects Rule

On March 17, 2023, in honor of Fair Housing Month, the U.S. Department of Housing and Urban Development (HUD) announced it would reinstate the 2013 discriminatory effects rule (the 2013 Rule) (see 24 C.F.R. § 100.500 (2014))…more

Administrative Procedure Act, Causation, Disparate Impact, Fair Housing Act (FHA), Housing Discrimination

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Marcelle Mouledoux

Vessel Owners: New Sexual Assault, Harassment Obligations under Defense Act Amendments

Under 2023 amendments to the National Defense Authorization Act (NDAA), owners, masters, and managing operators of U.S. documented commercial vessels, are now required to immediately report incidents of harassment, sexual…more

Anti-Retaliation Provisions, Coast Guard, Commercial Vehicles, FBI, NDAA

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Jon-Kaden Gutherie Mullen

Litigation Byte (June Edition)

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful bites…more

AL Supreme Court, Arbitration Agreements, Class Action, Credit Reporting Agencies, Creditors

See all updates »

Colvin Norwood Jr.

Podcast: Dictaphones to Zoom Fatigue: Navigating the Multigenerational Practice of Law [More with McGlinchey, Ep. 49]

The modern law firm counts four generations of workers in its ranks. From the language of pleadings and law libraries to communication styles and work/life balance, what makes these employees different – and how are they more…more

Business Development, Client Services, Firm Leadership, Law Firm Associates, Law Firm Partners

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Nicholas O'Conner

Inside Georgia’s Abandoned Motor Vehicle Act

Many states have laws that provide “super liens” to facilities that tow, repair, and store vehicles. Georgia’s current abandoned motor vehicle statute is an example of how these statutes can put the secured party financing…more

Abandoned Property, Financial Institutions, Foreclosure, Georgia, Lienholders

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Jean-Paul Perrault

Corporate Transparency Act Held Unconstitutional

The Corporate Transparency Act (CTA) is unconstitutional, according to a March 1, 2024, ruling by Judge Liles Burke of the U.S. District Court for the Northern District of Alabama. The National Small Business Association (NSBA),…more

Article I, Beneficial Owner, Corporate Transparency Act, Declaratory Judgments, FinCEN

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Daniel Plunkett

Podcast: Dictaphones to Zoom Fatigue: Navigating the Multigenerational Practice of Law [More with McGlinchey, Ep. 49]

The modern law firm counts four generations of workers in its ranks. From the language of pleadings and law libraries to communication styles and work/life balance, what makes these employees different – and how are they more…more

Business Development, Client Services, Firm Leadership, Law Firm Associates, Law Firm Partners

See all updates »

Eliska Plunkett

Why We Pursued Mansfield Certification

Readers have likely heard about Diversity Lab’s “Mansfield Rule” Certification process, which aims to “boost and sustain diversity” in legal leadership. As a firm that has always sought diverse candidates for open positions and…more

Certifications, Disabilities, Diversity, Diversity and Inclusion Standards (D&I), Firm Leadership

See all updates »

Shaun Ramey

What Should You Do After The Supreme Court Struck Down The CDC’s Second Eviction Moratorium?

The United States Supreme Court upheld the District Court’s judgment vacating the Centers for Disease Control and Prevention’s (CDC) second eviction moratorium that had prevented the eviction of any tenants who live in counties…more

American Rescue Plan Act of 2021, CARES Act, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction

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Kristi Richard

Oklahoma to Require Registration of “Administrators” of Motor Vehicle Debt Waivers & Value Protection Agreements

While it is not novel to see administrator registration requirements for vehicle service contracts or other vehicle protection products, Oklahoma recently enacted SB 541 which now requires the registration of debt waiver program…more

Asset Protection, Financing, Motor Vehicles, Registration Requirement, Service Contracts

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Marisa Roman

Litigation Byte (August Edition)

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful bites…more

Abusive Acts, Action to Quiet Title, Credit Reporting Agencies, Credit Reports, Defamation

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Louis Rossitto

Texas Home Equity Lenders: Understanding New Legislative Changes

Release of Liens- One statute specifically affects mortgage servicers and mortgagees. The statute (House Bill 219) adds Section 343.108 to the Texas Finance Code, which requires a mortgage servicer or mortgagee to deliver a…more

Breach Notification Rule, Data Breach, HELOC, Home Equity, Lenders

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Arthur Rotatori

Federal Reserve Board Adopts Final Version of LIBOR Transition Rule

As previously noted in our August 30, 2022 alert, the Board of Governors of the Federal Reserve System (the FRB) published a proposed regulation to implement the Adjustable Rate (LIBOR) Act (the Act). As explained in the earlier…more

Board of Governors, Federal Reserve, Final Rules, FRB, Lenders

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John Rouse

Inside Georgia’s Abandoned Motor Vehicle Act

Many states have laws that provide “super liens” to facilities that tow, repair, and store vehicles. Georgia’s current abandoned motor vehicle statute is an example of how these statutes can put the secured party financing…more

Abandoned Property, Financial Institutions, Foreclosure, Georgia, Lienholders

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Margeaux Roush

Podcast: #WhyMcGlinchey? Lateral to Leadership with Kelly Lipinski [More with McGlinchey, Ep. 69]

In this installment of the More with McGlinchey #WhyMcGlinchey podcast series, Member Kelly Lipinski talks with Director of Talent Acquisition Margeaux Roush about why she has chosen to grow her career here at McGlinchey. They…more

Business Development, Career Development, Corporate Culture, Firm Leadership, Leadership

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Michael Rubin

Has the FDCPA’s Scope Been Expanded?

What debts are subject to the protections of the FDCPA, the Fair Debt Collection Practices Act (15 U.S.C. §1692)? One would think that funds received through a government program providing hurricane relief would not be, but the…more

Creditors, Debt Collection, Debt Collectors, Debtor-Creditor, Debtors

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Perry Salzhauer

Podcast: Securing Retail Space for Your Cannabis Business [More with McGlinchey, Ep. 68]

This is the second episode in More with McGlinchey's two-part series on the ins and outs of retail space in the cannabis industry. Obtaining retail space for any small business is a big move. There are many issues to consider,…more

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James Sandy

Litigation Byte (August Edition)

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful bites…more

Abusive Acts, Action to Quiet Title, Credit Reporting Agencies, Credit Reports, Defamation

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Robert Savoie

Podcast: Deep Dive into the Regulatory Landscape of Bank Partnerships Featuring American Fintech Council CEO, Phil Goldfeder [More with McGlinchey, Ep. 71]

McGlinchey attorneys Robert Savoie and Rachael Aspery are joined by Phil Goldfeder, the CEO of the American Fintech Council, in this installment of the Deep Dive into Bank Partnerships. The podcast focuses primarily on dealing…more

Banking Sector, Banks, Consumer Financial Products, Financial Institutions, Financial Regulatory Reform

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Katherine Romano Schnack

FedNow®: A Payment Rail is Born

The Federal Reserve launched its new real-time payments service, FedNow®, on July 20, 2023. This new instant payment rail settles consumer and business transactions through financial institutions’ Federal Reserve accounts. One…more

EFTA, Federal Reserve, FedNow, Financial Institutions, Payment Systems

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Benjamin Schupp

Vessel Owners: New Sexual Assault, Harassment Obligations under Defense Act Amendments

Under 2023 amendments to the National Defense Authorization Act (NDAA), owners, masters, and managing operators of U.S. documented commercial vessels, are now required to immediately report incidents of harassment, sexual…more

Anti-Retaliation Provisions, Coast Guard, Commercial Vehicles, FBI, NDAA

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Sanford Shatz

OCC Reports Quarterly Improvement in Mortgage Performance

On June 27, 2022, the Office of the Comptroller of the Currency (OCC) released its First Quarter 2022 Mortgage Metrics Report on the status of first-lien home mortgages held by seven national banks with large servicing…more

Foreclosure, Mortgages, OCC, Short Sales

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Daniel Shortt

What a Kamala Harris Presidency May Mean for Marijuana Policy

With the sudden change in the Democratic presidential candidate, there are a whole host of implications for the future of America. As presumptive nominee Kamala Harris ramps up her campaign for the White House, we examine her…more

Controlled Substances Act, Criminal Convictions, Decriminalization of Marijuana, Expungement, Kamala Harris

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Gregg Stevens

CFPB Loses Novel Redlining Case Against Non-Bank Mortgage Lender

On February 3, 2023, an Illinois federal judge dismissed with prejudice Bureau of Consumer Financial Protection v. Townstone Financial Inc. et al., the Consumer Financial Protection Bureau’s redlining case against a non-bank…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), ECOA, Financial Institutions, Mortgages

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Chase Stoecker

Florida Supreme Court Paves Way for Voters to Legalize Recreational Marijuana in November

Marking a significant development for the cannabis industry both in the state of Florida and throughout the U.S., an initiative will appear on the November 5, 2024, ballot in Florida, which could amend its constitution to allow…more

Cannabis Products, Decriminalization of Marijuana, FL Supreme Court, Florida, Governor DeSantis

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Amanda Stout

The McGlinchey Summer Associate Experience [More with McGlinchey, Ep. 28]

The summer associate experience is one that law students look forward to, and many build careers upon. In the current environment of flexibility and inclusivity, how has the summer associate experience changed? In this episode…more

Law Clerks, Law School, Law Students, Legal Recruiting, Young Lawyers

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Aimee Guidry Szygenda

Eleventh Circuit Holds a Showing of Actual Damages Is Not Required to Recover Statutory Damages Under the FCRA

In Santos v. Healthcare Recovery Group, LLC, Plaintiffs Omar Santos and Amanda Clements sued Experian for allegedly willfully violating the FCRA by failing to follow reasonable procedures to ensure the accurate preparation of…more

Class Certification, Credit Reporting Agencies, Credit Reports, Damages, Experian

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David Tallman

New York Cybersecurity Regulation Amended and Expanded

On November 1, 2023, the New York Department of Financial Services (NYDFS) adopted amendments to its Cybersecurity Regulation, 23 NYCRR Part 500 (Cybersecurity Regulation). This is the second amendment (Amendment) to its…more

Amended Regulation, Chief Information Security Officer (CISO), Covered Entities, Cyber Incident Reporting, Cybersecurity

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Mary Terrell Joseph

Woman’s History Month: Uplift Panel Discussion [More with McGlinchey, Ep. 36]

In honor of Women’s History Month, members of Uplift, McGlinchey’s women’s initiative, gathered for a multi-generational discussion. In this episode of More with McGlinchey, Uplift Co-Chair Kristi Richard speaks with Mary…more

Firm Leadership, Law Firm Associates, Law Firm Partners, Women in the Law

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David Thompson

FTC’s Final Rule Requires Reporting of Data Breaches by Non-Bank Financial Institutions

On October 27, 2023, the Federal Trade Commission (FTC) issued a final rule (Final Rule) to amend the Standards for Safeguarding Customer Information (Safeguards Rule). This amendment will require non-bank financial…more

Data Protection, Federal Trade Commission (FTC), Final Rules, Financial Institutions, Financial Regulatory Reform

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Kere Tickner

Why We Pursued Mansfield Certification

Readers have likely heard about Diversity Lab’s “Mansfield Rule” Certification process, which aims to “boost and sustain diversity” in legal leadership. As a firm that has always sought diverse candidates for open positions and…more

Certifications, Disabilities, Diversity, Diversity and Inclusion Standards (D&I), Firm Leadership

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Heidi Urness

Impacts of Cannabis Rescheduling on Bankruptcy

Despite the excitement of many over rescheduling cannabis from Schedule I to Schedule III, the move does not make cannabis “legal” unless it is produced, sold, and used within the tightly regulated parameters of the Controlled…more

Bankruptcy Code, Business Expenses, Cannabis-Related Businesses (CRBs), Chapter 13, Commercial Bankruptcy

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Patrick Voke

TRO enjoins enforcement of portions of Massachusetts emergency debt collection regulation. Now what?

On April 17, 2020, Massachusetts Attorney General Maura Healey promulgated emergency regulation 940 CMR 35.00 to address “unfair and deceptive debt collection practices during the state of emergency caused by COVID-19.” The…more

Collection Agencies, Compliance, Coronavirus/COVID-19, Debt Collection, New Regulations

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David Waxman

It’s Opening Day for Ohio Adult-Use Marijuana – Play Bud!

Today is another red-letter date for Ohio. The Ohio Department of Development’s Division of Cannabis Control (DCC) has issued 98 Certificates of Operation (COOs) to dispensaries across the state, allowing them to sell adult-use…more

Agribusiness, Decriminalization of Marijuana, Dispensaries, Marijuana, Medical Marijuana

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Alyssa Weiss

Litigation Byte (May Edition)

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format will reflect McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful…more

AL Supreme Court, Arbitration, Borrowers, Business Litigation, Commercial Court

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Thomas White

CFPB’s So-Called “Junk Fees” Revolution Targets Residential Mortgage Loan Closing Costs

On March 8, 2024, the Consumer Financial Protection Bureau (CFPB) announced it was seeking public input on so-called “junk fees” incurred as part of the closing process for residential mortgage loans. The residential mortgage…more

Closing Costs, Consumer Financial Protection Bureau (CFPB), Disclosure, Dodd-Frank, Financial Services Industry

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Shanlon Wu

Colleges Face a Bumpy Road With AI, Protests, and Policy Updates

Higher education has faced dramatic challenges these past few years, prompting high-profile changes to university leadership and a rethinking of campus policies. It’s been a bumpy road for school administrators and legal…more

Artificial Intelligence, Best Practices, Code of Conduct, Colleges, Coronavirus/COVID-19

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Lauren Ybarra

Podcast: Reflections on Insurance Regulation: A Conversation with McGlinchey’s Newest Member, Former Commissioner Donelon, Part 1 [More with McGlinchey, Ep. 70]

In this installment of the More with McGlinchey Podcast, Insurance Regulatory Member Lauren Ybarra interviews Member and Former Louisiana Insurance Commissioner Jim Donelon. They reflect on Jim’s tenure as Louisiana’s…more

Affordable Care Act, Health Insurance, Insurance Industry, Insurance Regulations, Louisiana

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