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HTMLDuran v. U.S. Bank: When Class Certification Goes Wrong
Shaun J. Voigt; Fisher & Phillips LLP;
Legal Alert/Article
July 15, 2014, previously published on July 1, 2014
The California Supreme Court recently handed down a landmark decision on class actions. The trial judge lost control of the certification and evidentiary presentation of the case resulting in a $15 million verdict against U.S. Bank National Association (USB). In this long-awaited decision, the...

 

HTMLIssuance of Guidance for Banks with HELOCs Nearing End-of-Draw Period
Craig N. Landrum; Jones Walker LLP;
Legal Alert/Article
July 15, 2014, previously published on July 10, 2014
In anticipation of some home equity lines of credit ("HELOC") borrowers having difficulty meeting higher payments resulting from principal amortization or interest rate reset or renewing existing loans due to changes in financial circumstances or property values, the federal financial...

 

Adobe PDFThe Italian Government Introduces Measures to Boost the Italian Lending Market
Alessandro E. Corno, Luca Ferrari, Marco Lombardi, Francesco Squerzoni; Jones Day;
Legal Alert/Article
July 15, 2014, previously published on July 2014
In the last few years, Italy has embarked on a program of economic and financial reforms to ensure the country's future sustainability and growth. As part of this program, the Italian Council of Ministers enacted Law Decree No. 91 of June 24, 2014 (the "Law Decree"), which introduces new...

 

HTMLTaking the Fifth - A quick reference
Law Offices of Charles M. Farano;
White Paper
July 15, 2014, previously published by Charles M Farano on July 2014
Taking the fifth can be more than it seems.

 

HTMLCFPB Debt Collection (Regulation F) Rulemaking FAQs
Andrew E. Bigart, Kristen R. Brown, Alexandra Megaris, Jonathan L. Pompan; Venable LLP;
Legal Alert/Article
July 14, 2014, previously published on July 2014
On November 12, 2013, the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) issued an Advance Notice of Proposed Rulemaking (“ANPR”) seeking comment, data, and information from the public about debt collection practices, and in January 2014, the CFPB...

 

HTMLLien Stripping: Should a debtor's eligibility for a discharge be a factor?
Keri Ebeck; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
July 14, 2014, previously published on July 7, 2014
Anyone who practices bankruptcy is familiar with Chapter 7, Chapter 13 and most likely Chapter 11, but what about a Chapter 20? To some, the question is whether a Chapter 20 bankruptcy is part of the bankruptcy code? The answer is - not technically, but a Chapter 20 bankruptcy does exist. A Chapter...

 

HTMLNinth Circuit Rules That Redbox's Collection of Customer Zip Codes Falls under "Deposit" Exception to California's Song-Beverly Act
Michael L. Mallow, Christine M. Reilly; Loeb & Loeb LLP;
Legal Alert/Article
July 14, 2014, previously published on July 2014
In a 2-1 decision, a Ninth Circuit panel has affirmed a district court's dismissal of a putative class action against Redbox - the company with the bright red DVD-rental kiosks - alleging violations of California's Song-Beverly Credit Card Act, which prohibits retailers from collecting personal...

 

HTMLUS Supreme Court Expands (and Potentially Limits) the Reach of the Bank Fraud Statute
Vincent J. Connelly, William Michael, Richard E. Nowak; Mayer Brown LLP;
Legal Alert/Article
July 14, 2014, previously published on July 9, 2014
The US Supreme Court has unanimously held that federal prosecutors can use the federal bank fraud statute, 18 U.S.C. § 1344, against offenders in cases where a bank is not the intended target of a fraud.

 

HTMLCFPB Seeks Comment on the Use of Mobile Financial Services
John B. Beaty, Frederick M. Joyce, Jonathan L. Pompan, D. E. Wilson; Venable LLP;
Legal Alert/Article
July 14, 2014, previously published on July 2014
On June 12, 2014, the Consumer Financial Protection Bureau (CFPB) published in the Federal Register a notice and request for information (RFI) about how consumers are using mobile financial services to access products and services, manage finances, and achieve their financial goals (with a focus on...

 

HTMLRelaxed Requirements for Subclass 457 Visa Holders Seeking Permanent Residence and Other Changes
Fragomen Del Rey Bernsen Loewy LLP;
Legal Alert/Article
July 14, 2014, previously published on July 10, 2014
A new Department of Immigration and Border Protection (DIBP) policy that took effect on July 1 makes it easier for Subclass 457 visa holders seeking permanent residence under the Employer Nomination or Regional Sponsored Migration programs to demonstrate that they meet two-year prior employment...

 


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