• 01.15.21

    CFPB's Busy 2020 May Foretell Regulatory Uptick Ahead

    Manatt Financial Services partner Richard Gottlieb authored an article for Law360 discussing top 2020 CFPB developments as well as what he expects to see in 2021. In the article, Gottlieb noted how the CFPB under the Biden administration might differ from what we saw under the Trump administration, ...

  • 01.28.20

    6 CFPB Areas To Watch In 2020

    Manatt Financial Services partners Richard Gottlieb and Charles Washburn authored an article for Law360 on some key Consumer Financial Protection Bureau (CFPB) stories from 2019, as well as six trends to watch for in the coming year. In this article, Gottlieb and Washburn discuss various 2019 ...

  • 03.11.19

    Mortgage Industry in Flux: Fewer Regulatory Headwinds, but Technology and Higher Interest Rates ...

    “We are experienced mortgage lawyers, not economists. But we can see the writing on the wall for our many mortgage industry clients, and it is not always pretty.The era of burdensome new regulation may be over, but tougher laws, rising interest rates and new technologies, such as ...

  • 04.19.18

    Two Trials and Other Developments as RMBS Litigation Continues Unabated

    Almost a decade has passed since the mortgage foreclosure crisis of 2007–08, but the litigation from the economic fallout of the crisis continues. As one court put it, the 2007 residential mortgage-backed securitizations (RMBS) “earthquake may have subsided, but its aftershocks ...

  • 04.10.18

    Interest on Escrow Funds? Yes, Even From National Banks, Says Ninth Circuit in ‘Lusnak’

    In a shot across the bow for national banks, the U.S. Court of Appeals for the Ninth Circuit ruled that such banks may not avoid paying interest on funds held in California escrow accounts. The reason? The California law does not significantly interfere with or impede a national bank’s ...

  • 05.25.17

    President's Executive Order on Cybersecurity: Impact on Banks Unclear

    President Donald Trump has signed an executive order addressing cybersecurity. But for financial institutions, is the executive order much ado about nothing? Not exactly.What happenedOn May 11, President Trump issued an Executive Order on Strengthening the Cybersecurity of Federal ...

  • 05.08.17

    ACE in the Hole: Developments Since ACE Securities in Residential Mortgage-Backed Securities ...

    The 2007–2008 economic crisis, spurred in part by widescale defaults on subprime mortgage loans, led investors, monoline insurers, and others with interests in residential mortgage-backed securities to sue various parties to the securitizations, including the original lenders behind the loans ...

  • 07.25.16

    First Nail in the Coffin for No-Injury Suits? Supreme Court Makes Clear the Days of Hyper-Technical ...

    No actual harm, no lawsuit? That might be the end result from the Supreme Court’s ruling in Spokeo, Inc. v. Robins that a plaintiff must show an injury in fact before pursuing a claim for violation of the federal Fair Credit Reporting Act, a holding that could have major repercussions for ...

  • 06.27.16

    Madden Cert Denial — Much Ado About Not Much

    In a disappointing move, the Supreme Court on Monday denied the petition by Midland Funding to hear the case Madden v. Midland Funding.But could the decision by the Supreme Court be much ado about nothing?The denial leaves in place the decision of the U.S. Court of Appeals for the 2nd Circuit that ...

  • 05.16.16

    Greener Pastures Ahead for Class Action Bar

    California is already fertile ground for the class action bar, but the land is about to become even greener.On May 5, the federal Consumer Financial Protection Bureau proposed rules that will, if adopted in their present form, provide a decisive blow to consumer arbitration provisions in nearly all ...

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