The district court for the Northern District of California recently denied a defendant’s motion to compel arbitration and, in so ruling, found that a bellwether provision related to mass arbitrations was unconscionable. Avia…
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/ Alternative Dispute Resolution (ADR), Art, Entertainment, & Sports Law, Communications & Media Law, Science, Computers, & Technology
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…
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/ Administrative Law, Bankruptcy, Finance & Banking, Taxation
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…
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/ Finance & Banking, Science, Computers, & Technology
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…
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/ Insurance
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…
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/ Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Finance & Banking
Earlier this summer, the U.S. District Court for the District of Maryland denied a defendant’s motion for summary judgment in a case arising under the Telephone Consumer Protection Act (TCPA), finding that the defendant failed…
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/ Civil Procedure, Communications & Media Law, Consumer Protection
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…
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/ Consumer Protection, Education Law, Finance & Banking
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…
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/ Agriculture, Antitrust & Trade Regulation, Business Organizations, Finance & Banking
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…
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/ Law Firm Marketing, Law Practice Products & Services
In a hotly contested decision, a plurality of the Ohio Supreme Court held for the first time that a claim for defamation is subject to the discovery rule, greatly expanding the potential for businesses and individuals to find…
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/ Civil Procedure, Consumer Protection
On July 18, 2024, the Consumer Financial Protection Bureau (CFPB) issued notice of a proposed interpretive rule (Rule) that walks back a prior 2020 Advisory Opinion on the manner in which Regulation Z defines “credit.” The Rule…
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/ Consumer Protection, Finance & Banking
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…
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/ Antitrust & Trade Regulation, Civil Procedure, Labor & Employment Law
Tips are in the news lately. It seems like political strategists on both sides of the aisle have concluded that excluding tips from taxable income is good for votes. One has to wonder if this political promise will go the way of…
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/ Labor & Employment Law, Taxation
In July 2024, the United States Court for the District of Massachusetts dismissed a pro se litigant’s claims against Experian Information Services LLC (Experian), TransUnion LLC (TransUnion), and Equifax Information Solutions,…
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/ Civil Procedure, Consumer Protection, Finance & Banking
On July 31, 2024, the New York Supreme Court, Appellate Division: Second Department reversed the trial court’s denial of borrowers’ motion to dismiss a foreclosure action filed prior to the enactment of the Foreclosure Abuse…
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/ Civil Procedure, Finance & Banking, Real Estate - Residential