News & Analysis as of

Bank of America Corporate Counsel

Manatt, Phelps & Phillips, LLP

Third, Fifth Circuits Weigh In on Standing—With Different Results

Two different federal appellate panels recently reached diverging conclusions on the question of whether a single phone call or a single text provides a sufficient injury in fact for an individual to establish standing to sue...more

Manatt, Phelps & Phillips, LLP

Applying Facebook, Court Tosses Suit Over ATDS Allegations

Applying the Supreme Court’s recent decision in Facebook v. Duguid, a North Carolina federal court dismissed a Telephone Consumer Protection Act (TCPA) suit, finding that the plaintiff failed to sufficiently allege the...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP: Like A Dog With A Bone

Who would have thought a routine compliance review could drag on for 24 years, through four presidential administrations, and ending in a $1 million settlement? Bank of America would. The bank has just reached a...more

Kelley Drye & Warren LLP

The New York Court of Appeals Rejects Attempted Expansion of the Common Interest Exception to the Attorney Client Privilege

Last month, the New York Court of Appeals issued a decision rejecting the attempted expansion of the common interest exception to the attorney-client privilege to include communications that did not involve pending or...more

Alston & Bird

Class Action Roundup: Spring 2016

Alston & Bird on

Welcome to the second 2016 edition of Class Action Roundup! The first quarter of the year witnessed a few key Supreme Court decisions, even with the passing of Justice Scalia, and several settlement cases decided. The issue...more

BakerHostetler

New York's Highest Court Reverses Appellate Division, Reaffirms Litigation Requirement for Common-Interest Privilege

BakerHostetler on

In a recent decision reversing the Appellate Division of the Supreme Court of New York, First Judicial Department, the New York Court of Appeals definitively held that the common-interest privilege may be used in New York...more

Cadwalader, Wickersham & Taft LLP

M&A Update: New York Court of Appeals Rejects Extension of Common Interest Privilege to Merger Talks

On June 9, 2016, a divided New York Court of Appeals in a much-anticipated ruling held that the attorney-client privilege can only be maintained for communications involving third parties in situations where litigation is...more

BakerHostetler

District Court Denies Conditional Certification of Off-the-Clock Case Despite Bad Emails

BakerHostetler on

“As far as overtime, you (like I) can only bill a 40hr work week even though we put in like 60hrs at times.” This isn’t exactly the email you want to see if you are defending an off-the-clock wage and hour claim, but...more

Dorsey & Whitney LLP

Second Circuit Deals Blow to Government’s Use of FIRREA as an Enforcement Tool

Dorsey & Whitney LLP on

When does a breach of contract amount to fraud? Last week the Second Circuit answered this question and reversed a $1.27 billion judgment against Bank of America and a $1 million judgment against a former executive for their...more

McGuireWoods LLP

The Ten Most Significant Class Action Cases of 2015

McGuireWoods LLP on

Some years are exciting in class action practice; others are tamer. In general, in any established area of the law, precedent accumulates only incrementally. And, with the modern Rule 23 entering its 50th anniversary year, it...more

Blank Rome LLP

U.S. Third Circuit Court of Appeals Broadens Standing under the Telephone Consumer Protection Act

Blank Rome LLP on

Action Item: Lenders and servicers should continue to evaluate whether their policies and procedures may result in claims being brought under the Telephone Consumer Protection Act (“TCPA”), including claims brought by parties...more

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