News & Analysis as of

Rescission

Ballard Spahr LLP

OCC Issues Statement In Support Of Proposed Revisions To CFPB Payday Loan Rule

by Ballard Spahr LLP on

Comptroller of the Currency Joseph Otting issued a statement today in support of the CFPB’s proposal that would rescind in their entirety the ability-to-repay (ATR) provisions in its final payday/auto title/high-rate...more

Stroock & Stroock & Lavan LLP

The Payday Rule and the CFPB’s New Lenses

On February 6, 2019, the Bureau of Consumer Financial Protection (Bureau or CFPB) released a proposal to rescind the payday rule’s requirements that lenders conduct a comprehensive assessment of borrowers’ ability to repay...more

WilmerHale

Climate Change Revisions Lead to an Uncertain Regulatory Environment

by WilmerHale on

This is the second issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from across...more

Parker Poe Adams & Bernstein LLP

OSHA Partially Rescinds Electronic Recordkeeping Rule

On January 25, the U.S. Department of Labor’s Occupational Safety and Health Administration issued final regulations that roll back an Obama-era proposal that would have required large employers to submit extensive...more

Bryan Cave Leighton Paisner

In a Case of First Impression, the Ninth Circuit Begins to Unravel the Mystery of When a Claim to Enforce a Rescission Request...

An action by a Washington state borrower to enforce a request for rescission of a loan under the Truth in Lending Act (TILA) is analogous to an action to enforce a contract and must be brought within the Washington state...more

Akin Gump Strauss Hauer & Feld LLP

Second Circuit and New York Appellate Division Decisions Affirm Pro-Arbitration Policies

• In Deasang Corp. v. NutraSweet Co., the Appellate Division overturned a ruling by a lower court vacating an arbitral award on the ground that the arbitral panel manifestly disregarded the law. The Appellate Division...more

Dorsey & Whitney LLP

WOTUS Operandi: The Clean Water Act’s Bifurcated Regulatory Regime and Why it Matters

by Dorsey & Whitney LLP on

Two sets of states interpret and implement the Clean Water Act (“CWA”), the nation’s premier water pollution statute, in significantly different ways. The CWA applies to the nation’s “navigable waters,” which is further...more

Weiner Brodsky Kider PC

9th Circuit Applies 6-year Statute of Limitations to TILA Rescission Claims

by Weiner Brodsky Kider PC on

On December 6, the U.S. Court of Appeals for the Ninth Circuit reversed the lower court’s dismissal of TILA allegations brought against a bank, finding that Washington’s six-year statute of limitations governing contracts...more

Traub Lieberman Straus & Shrewsberry LLP

Florida Court Holds Securities Exclusion Applicable

In its recent decision in Colorado Boxed Beef Co., Inc. v. Evanston Ins. Co.,2019 WL 77376 (M.D. Fla. Jan. 2, 2019), the United States District Court for the Middle District of Florida had occasion to consider an exclusion in...more

Winstead PC

Court Held That A Power Of Attorney Agent Had Authority To Sue On Behalf Of The Principal And Affirmed A Finding That A Mineral...

by Winstead PC on

In Cortes v. Wendl, an elderly woman signed a deed conveying her mineral rights to two individuals. No. 06-17-00121-CV, 2018 Tex. App. LEXIS 4457 (Tex. App.—Texarkana June 20, 2018, no pet.)....more

Bryan Cave Leighton Paisner

Rescission Requests under TILA

In a case of first impression, the Ninth Circuit begins to unravel the mystery of when a claim to enforce a rescission request under the Truth in Lending Act (TILA) may be time-barred. An action by a Washington state borrower...more

Harris Beach PLLC

New State Increases for Wages and Leaves Take Effect at Year's End

by Harris Beach PLLC on

In what has become an annual tradition, New York state employers should once again take note of mandatory wage and salary increases that will take effect at year’s end. In addition, employers should be aware of the increased...more

Dickinson, Mackaman, Tyler & Hagen, P.C.

2018 Wage and Hour Opinion Letters Offer Helpful FMLA Guidance

The Wage and Hour Watch reported on the reintroduction of Administrator’s Opinion Letters by DOL’s Wage and Hour Division (WHD) earlier this year. Opinion Letters are WHD’s responses to fact-specific questions submitted by...more

Pillar Publishing, LLC

November Is (You Guessed It, Also) National OFCCP Directive Month

by Pillar Publishing, LLC on

On November 29, the agency issued 3 new Directives, the first, DIR 2019-01, rescinds the previous administration’s deep dive audit protocols (while pointing out that some of that methodology has been incorporated into agency...more

Proskauer - Government Contractor Compliance...

OFCCP Rescinds Active Case Enforcement Procedures

Quick Hit: Office of Federal Contractor Compliance Programs (“OFCCP”) has issued Directive 2019-01 (the “Directive”), which rescinds Directive 2011-01 which established OFCCP’s now-defunct Active Case Enforcement or “ACE”...more

Jones Day

Civil contempt for violating an invalid patent? Maybe.

by Jones Day on

We previously noted that the Commission does not believe it is required to vacate a civil penalty order just because the litigants settle a case. The Federal Circuit’s decision in DBN Holdings, Inc. v. ITC, No. 17-2128 (Fed....more

Shearman & Sterling LLP

ICO Issuers Settle With The SEC Over Unregistered Coin Offerings

by Shearman & Sterling LLP on

On November 16, 2018, the U.S. Securities and Exchange Commission (“SEC”) instituted separate settled administrative proceedings against Carrier EQ Inc., d/b/a AirFox (“AirFox”) and Paragon Coin Inc. (“Paragon”) for failing...more

Proskauer - Law and the Workplace

New Federal Tip Rules Expected in October 2018

Since 1966, Section 3(m) of the Fair Labor Standards Act permits an employer to take a tip credit toward its minimum wage obligation for tipped employees equal to the difference between the required cash wage (currently...more

Allen Matkins

Buyer Liability Under The California Corporate Securities Law

by Allen Matkins on

My post on October 19, 2018, post concerned liability under Section 12(a) of the Securities Act of 1933. As noted in the post, Section 12(a)(2), unlike Section 12(a)(1), is an antifraud statute. It imposes liability on any...more

Spilman Thomas & Battle, PLLC

Reverse Mortgages Becoming a Bigger Part of Litigation in West Virginia

Consumers in West Virginia have found a new subject on which to file lawsuits. Within the past couple of years, litigation over reverse mortgages has become a bigger part of consumer lending litigation in West Virginia....more

Davis Brown Law Firm

September 2018 Immigration Analysis - Deference to Prior Determinations

by Davis Brown Law Firm on

This month, we are posting status updates on a few immigration policies that impact our clients. Last week, we covered the travel ban and changes to advance parole. ...more

Bryan Cave Leighton Paisner

OFCCP Issues New Compensation Directive

by Bryan Cave Leighton Paisner on

The OFCCP’s recent Directive, issued on August 24, 2018, signals a move towards greater transparency in the compensation review process for contractors. With this new Directive, the OFCCP has rescinded former Obama-era...more

Sheppard Mullin Richter & Hampton LLP

Airdrop of Crypto Tokens Hits Regulatory Flak

On August 14, 2018, the U.S Securities and Exchange Commission (“SEC”) issued a cease and desist order (the “Tomahawk Order”) against Tomahawk Exploration LLC (“Tomahawk”) and David Thompson Laurance (“Laurance”) for their...more

Bryan Cave Leighton Paisner

Lender’s “Boilerplate” Disavowal Dooms Rescission of a Common Loan Modification Agreement

by Bryan Cave Leighton Paisner on

In a case with potentially broad implications, the Sixth Circuit becomes the first federal circuit court to hold that the Truth in Lending Act provides no right to rescind a loan modification agreement entered into with a...more

Weiner Brodsky Kider PC

FTC Accuses Auto Dealers of Falsifying Consumers’ Financial Information

by Weiner Brodsky Kider PC on

The FTC recently filed a complaint in the U.S District Court for the District of Arizona accusing four affiliated auto dealers, as well as two individual owners, of falsifying consumers’ income and down payment information on...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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