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|Duran v. U.S. Bank: When Class Certification Goes Wrong|
Shaun J. Voigt; Fisher & Phillips LLP;
July 15, 2014, previously published on July 1, 2014The 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...
|Issuance of Guidance for Banks with HELOCs Nearing End-of-Draw Period|
Craig N. Landrum; Jones Walker LLP;
July 15, 2014, previously published on July 10, 2014In 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...
|The Italian Government Introduces Measures to Boost the Italian Lending Market|
Alessandro E. Corno, Luca Ferrari, Marco Lombardi, Francesco Squerzoni; Jones Day;
July 15, 2014, previously published on July 2014In 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...
|Taking the Fifth - A quick reference|
Law Offices of Charles M. Farano;
July 15, 2014, previously published by Charles M Farano on July 2014Taking the fifth can be more than it seems.
|CFPB Debt Collection (Regulation F) Rulemaking FAQs|
Andrew E. Bigart, Kristen R. Brown, Alexandra Megaris, Jonathan L. Pompan; Venable LLP;
July 14, 2014, previously published on July 2014On 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...
|Lien Stripping: Should a debtor's eligibility for a discharge be a factor?|
Keri Ebeck; Weltman, Weinberg & Reis Co., L.P.A.;
July 14, 2014, previously published on July 7, 2014Anyone 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...
|Ninth 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;
July 14, 2014, previously published on July 2014In 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...
|US Supreme Court Expands (and Potentially Limits) the Reach of the Bank Fraud Statute|
Vincent J. Connelly, William Michael, Richard E. Nowak; Mayer Brown LLP;
July 14, 2014, previously published on July 9, 2014The 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.
|CFPB Seeks Comment on the Use of Mobile Financial Services|
John B. Beaty, Frederick M. Joyce, Jonathan L. Pompan, D. E. Wilson; Venable LLP;
July 14, 2014, previously published on July 2014On 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...
|Relaxed Requirements for Subclass 457 Visa Holders Seeking Permanent Residence and Other Changes|
Fragomen Del Rey Bernsen Loewy LLP;
July 14, 2014, previously published on July 10, 2014A 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...