• 02.05.20

    Arbitration: Will U.S. Supreme Court Step In to Solve California’s McGill Problem?

    It now looks as though the Supreme Court is ready to receive, and we think grant, a petition for writ of certiorari in Blair v. Rent-A-Center (and related cases) that could spell doom for California’s McGill rule under which arbitration agreements are enforceable only if they exclude court ...

  • 02.05.20

    Regulators to Major Online Payments Platform: Fix Your Charity Disclosures

    Twenty-three state regulators have now reached a deal with a prominent online payments processor to address that company’s insufficient disclosures on its platform.

  • 12.18.19

    DOJ Clarifies FCPA Corporate Enforcement Policy

    In the latest update to the Department of Justice’s (DOJ) Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy, the agency formalized prior guidance as to how companies can voluntarily disclose information in order to receive leniency.

  • 12.18.19

    Bank Must Face FCRA Suit, Eleventh Circuit Rules

    In a cautionary tale for banks, the U.S. Court of Appeals, Eleventh Circuit held that a plaintiff could move forward with his Fair Credit Reporting Act (FCRA) suit after a national bank allegedly failed to investigate a disputed item and used false pretenses to obtain multiple credit reports.

  • 12.11.19

    Supreme Court Alert: FDCPA Limitations Period Runs From Violation, Not Discovery

    In a victory for common sense, the Supreme Court has ruled, in Rotkiske v. Klemm, that the Fair Debt Collection Practices Act’s statute of limitations begins to run when the alleged FDCPA violation occurs, not when the violation is discovered. 

  • 12.04.19

    Disgorgement: One Less Arrow in the SEC’s Quiver?

    Can the Supreme Court’s 2017 decision in Kokesh v. SEC, which found that disgorgement is a penalty and not an equitable remedy for statute of limitations purposes, be logically expanded to spell the end of the SEC’s long-standing and widely accepted practice of seeking disgorgement from ...

  • 11.20.19

    Ninth Circuit Eases Path for FCRA Plaintiffs

    Addressing two issues of first impression in the U.S. Court of Appeals, Ninth Circuit, a panel ruled that a consumer suffers a concrete, Article III injury-in-fact when a third party obtains her credit report for a purpose not authorized by the Fair Credit Reporting Act (FCRA).  

  • 10.30.19

    Will the Supreme Court Decimate the CFPB? Latest Developments

    Even though the Supreme Court generally moves relatively slowly, the Court’s recent decision to grant certiorari in the Seila Law v. CFPB case is forcing courts and litigants to adjust quickly.

  • 10.30.19

    California DBO Offers Guidance on Cannabis Banking

    The Cannabis Banking Guidance from California’s Department of Business Oversight (DBO) offers California-chartered financial institutions serving cannabis-related businesses assurances that the DBO will not bring enforcement actions based solely on such relationships.

  • 10.30.19

    Executive Orders Limit Agency Guidance

    Two executive orders recently signed by President Donald Trump will now require that federal agencies publish all informal guidance and limit its use in enforcement actions.

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