Articles

04.05.17

Schumer's Task Is Democratic Unity

Chuck Schumer was dealt a weak hand by the 2016 elections. He is the Senate minority leader, not the majority leader, as most thought might happen last fall. And now, he faces several obstacles in a high-stakes game of political pinochle.After Donald Trump's inauguration, Democrats were ...


03.31.17

Ninth Circuit Permits Internal Whistleblower to Sue

Why it mattersBroadening a circuit split, the U.S. Court of Appeals for the Ninth Circuit determined that a whistleblower was entitled to the protections of the Dodd-Frank Wall Street Reform and Consumer Protection Act despite failing to report his concerns about corporate actions to the Securities ...


03.31.17

FCRA Suit Against Amazon Moves Forward

A Fair Credit Reporting Act (FCRA) suit against Amazon can move forward in Florida federal court, a judge recently ruled. Donovan Hargrett accused the online retailer of violating the statute by failing to provide two separate forms for his job application and background check authorization at a ...


03.30.17

CFPB Proposes Delay for Prepaid Rule

In Consumer Financial Protection Bureau (CFPB) news that even opponents praised, the Bureau proposed a six-month delay in the effective date of the final prepaid accounts rule.What happenedIn October 2016, the CFPB finalized the Prepaid Rule, which imposed significant new requirements for prepaid ...


03.30.17

Mortgage Lender Hit With Record HMDA Penalty

In the Consumer Financial Protection Bureau's (CFPB) largest Home Mortgage Disclosure Act (HMDA) penalty to date, the Bureau hit a major mortgage servicer with a $1.75 million penalty for allegedly failing to report accurate data about mortgage transactions over a two-year period.What ...


03.29.17

The Next Big Takings Case... Maybe

"On Monday, March 20, the eyes of the takings world were focused on the U.S. Supreme Court. The lines had been drawn and the chosen warriors assembled. It promised to be a furious battle, for there were not merely two opponents in the ring, there were four: one representing the interests of ...


03.24.17

Four Pitfalls to Avoid in a Cyberinsurance Policy

As more and more companies enter the burgeoning cyberinsurance marketplace, they often ask policyholder counsel like me how they can choose the best cyberpolicy when confronted with so many choices. When the marketplace was still in its infancy just a few years ago, this was a considerably harder ...


03.24.17

Ponzi Schemers Promise Illusory "Hamilton" Tickets

Why it matters: On January 27, 2017, the SEC thwarted a Ponzi scheme where the defendants stand accused of taking an illegal "shot" at cashing in on the smash Broadway musical Hamilton and other high-demand shows by taking advantage of the inflated prices the desperate public would be ...


03.24.17

SEC—Data Analytics Key to Unlocking Fraud Schemes

SEC—Data Analytics Key to Unlocking Fraud SchemesWhy it matters: Data analytics, used by the SEC to find suspicious trading patterns, has in recent years become a formidable weapon in the SEC's arsenal to combat insider trading and other fraudulent trading schemes. Two recent SEC ...


03.24.17

Spotlight on the False Claims Act March 2017

Why it matters: This month, we cover a few of the recent False Claims Act (FCA) resolutions and actions involving the healthcare industry that caught our eye, including the DOJ's decision to intervene in part in a qui tam lawsuit brought against numerous Medicare Advantage healthcare ...