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|Businesses Around the United States Being Targeted for Alleged Inaccessible Websites|
Duane Morris LLP;
August 18, 2014, previously published on August 14, 2014While plaintiff's lawyers have been busy the past two years filing lawsuits around the United States alleging violations of the Americans with Disabilities Act (ADA) related to physical barriers—including a wave of class action lawsuits against banks for inaccessible ATMs and against...
|Consequences of the Louisiana Public Records Doctrine Exception|
Wm. Blake Bennett, James L. Breaux; Liskow & Lewis A Professional Law Corporation;
August 18, 2014, previously published on August 11, 2014A recent Louisiana Fifth Circuit Court of Appeal decision has brought to our attention a long-established, but perhaps not as well known, exception to the public records doctrine.
|SANCTIONS UPDATE - New Treasury Guidance on Aggregation of Ownership Interests|
Mark D. Herlach, Beverly J. Rudy; Sutherland Asbill & Brennan LLP;
August 18, 2014, previously published on August 14, 2014On August 13, the U.S. Department of the Treasury published revised guidance on the treatment of entities owned by persons whose property and interests in property are blocked under the Executive Orders and regulations administered by the Office of Foreign Assets Control (OFAC). Under its new...
|Connecticut District Court Suggests Automatic Stay May Apply To Non-debtor Junior Lienholders In Foreclosure Action|
Elizabeth J. Austin, Irve J. Goldman, Jessica Grossarth, Jonathan A. Kaplan; Pullman & Comley, LLC;
August 18, 2014, previously published on August 8, 2014On July 22, 2014, the Connecticut District Court issued an opinion, Eastern Savings Bank FSB v. St. Germain, et al, 2014 WL 3687740 (D. Conn. 2014), which could impact the applicability of the automatic stay of 11 U.S.C. §362(a) to non-debtor parties.
|Multi-Million Dollar Settlements Prompt Record Filing of TCPA Lawsuits|
Wilson G. Barmeyer, Thomas M. Byrne, Ellen M. Dunn, Allegra J. Lawrence-Hardy, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
August 18, 2014, previously published on August 12, 2014High-dollar settlements of class actions filed under the Telephone Consumer Protection Act appear to have prompted the filing of a record number of new TCPA cases in federal courts nationwide. In the largest TCPA settlement announced to date, on July 29, 2014, a federal court in Illinois...
|Usury in Florida: Are Late Fees Usurious?|
Scott Jonathan Kennelly, Janet C. (Jacy) Owens; Rogers Towers, P.A.;
August 15, 2014, previously published on August 14, 2014When borrowers default under the terms of their loans, lenders often, in accordance with the loan documents, can assess late fees against the borrower. When lenders assess late fees around the time of or after a loan matures or is accelerated, however, the imposition of late fees has the potential...
|Law No. 20,715: On Protection to Debtors of Money Loans|
Felipe Moro, Diego Peralta, Francisco Ugarte; Carey;
August 15, 2014On December 13, Law No. 20,715 was published in the Official Gazette, after an intense debate in the financial industry and over 2 years of discussion in Parliament. The new law modifies Law No. 18,010 on regulations on money loan transactions, Law No. 19,496 on protection of consumer rights and...
|Chile and the United States Sign the Inter-Governmental Agreement ("IGA") Within the Scope of the Foreign Account Tax Compliance Act ("FATCA")|
Diego Peralta, Jessica Power, Elena Yubero; Carey;
August 15, 2014FATCA is a United States Act that requires US persons, including individuals who live outside the United States, to report their financial accounts held outside of the US, and requires foreign financial institutions ("FFIs") to report information regarding their US clients to the US...
|New Chilean Insolvency Act|
Ricardo Reveco; Carey;
August 15, 2014In October of 2014, Law No. 20,720 will enter into effect. This act replaces the current bankruptcy law, and creates a new reorganization and liquidation regime for both corporations and natural persons. -
|The Fons Decision: Regulatory Implications for Parties to Loan Agreements|
Dentons Canada LLP;
August 14, 2014, previously published on July 30, 2014In Fons Hf v. Corporal Ltd & Anor (Fons), the Court of Appeal held, in the context of a specific agreement, that "debentures" included loan agreements, on the basis that a loan agreement "creates or acknowledges a debt". Although the Court of Appeal did not consider the...