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HTMLJudge Vacates $22 Million Verdict and Orders New Trial
Richard A. Vance; Stites & Harbison, PLLC;
Legal Alert/Article
September 19, 2014
Jefferson Circuit Judge Jim Shake vacated jury verdicts against several banks in a major lender liability/mortgage fraud case in Louisville. The verdict, one of the largest ever in a Kentucky lender liability case, garnered significant media attention when rendered last fall, but the order for a...

 

HTMLFederal Court Relaxes Requirements for Australian Class Actions
John Emmerig, Michael Legg; Jones Day;
Legal Alert/Article
September 19, 2014, previously published on September 2014
Ms Gray commenced two class actions related to the provision of consumer credit by Cash Converters franchises through "personal loan" and "cash advance" contracts. The respondents are alleged to have engaged in unconscionable conduct in contravention of s 12CB(1) of the...

 

Adobe PDFUpdate to New CME Rule on Disruptive Trading Practices Summary Chart
Sohair A. Aguirre, Neal E. Kumar, Anthony M. Mansfield, Paul J. Pantano; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
September 18, 2014, previously published on September 15, 2014
On August 28, 2014, the Chicago Mercantile Exchange Inc., the Board of Trade of the City of Chicago, the New York Mercantile Exchange, Inc., and the Commodity Exchange, Inc. (collectively, the “CME”) submitted a notice of a rule adoption to the Commodity Futures Trading Commission (the...

 

HTMLMissouri Supreme Court Clarifies When Deceptive Practices Occuring After the Sale May Still be Within Coverage of the Merchandising Practices Act
Michael James Smith; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
September 18, 2014, previously published on September 4, 2014
The Missouri Merchandising Practices Act (MMPA), enacted in 1967, was meant to expand the common law definition of fraud to protect consumers from unfair or deceptive practices done “in connection with the sale or advertisement of any merchandise.” 407.020.1 RSMo 2013. Two new decisions...

 

Adobe PDFBattling on the Front Lines of Foreclosures: What Must A Lender Consider And Do When Foreclosing On A Property Owned By A Servicemember Under The "ACT"
Steven W. Ferrell, Meredith L. Minkus; Burr & Forman LLP;
Legal Alert/Article
September 18, 2014, previously published on September 16, 2014
A complicated, but sometimes overlooked, issue facing foreclosing lenders is properly handling and defending against claims that a servicemember-owner is entitled to protections from foreclosure based on his or her status as a servicemember. The “Servicemembers Civil Relief Act (2003),”...

 

HTMLDo Guarantors Fall Under the Protection of the Equal Credit Opportunity Act?
Samantha Alves Orender; Rogers Towers, P.A.;
Legal Alert/Article
September 17, 2014, previously published on September 4, 2014
We have discussed the Equal Credit Opportunity Act(“ECOA”), which makes it unlawful for a creditor to discriminate against an applicant in any aspect of a credit transaction on the basis of, among other things, the applicant’s marital status, religion, sex, race, or age. The...

 

HTMLOverview of the Florida Consumer Collection Practice Act
Adam Keith Butman Brandon; Rogers Towers, P.A.;
Legal Alert/Article
September 17, 2014, previously published on September 11, 2014
As discussed in a prior post, the Florida Consumer Collection Practices Act (FCCPA) can apply to both debt collectors (like collection agencies) and lenders who seek to collect their own debts. The FCCPA is broader than the federal Fair Debt Collections Practices Act (FDCPA), which only regulates...

 

HTMLCFPB Issues Guidance Regarding Mortgage Servicing Transfers
John Honahan, Richard B. Horn, Matthew S. Yoon; Dentons Canada LLP;
Legal Alert/Article
September 17, 2014, previously published on September 5, 2014
On August 19, 2014, the US Consumer Financial Protection Bureau ("CFPB") released Bulletin 2014-01, ("Bulletin"). The Bulletin replaces CPFB Bulletin 2013-1, which also addressed servicing transfers, and provides updated CFPB guidance and expectations with respect to mortgage...

 

HTMLUpdate on Recent Summary Judgment for Barclays in Interest Rate Swap Litigation
Richard Caird, Sam Coulthard, Alexandra Doucas; Dentons Canada LLP;
Legal Alert/Article
September 17, 2014, previously published on Septemeber 9, 2014
In a recent hearing in the Cardiff Mercantile Court, His Honour Judge Keyser QC (the Judge) considered various arguments advanced in relation to an interest rate swap.

 

HTMLUDAP/UDAAP: Goodbye Regulation, Hello Guidance
Craig N. Landrum; Jones Walker LLP;
Legal Alert/Article
September 16, 2014, previously published on September 11, 2014
In recognition that its authority to issue credit practices rules for insured institutions was repealed as a consequence of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank"), the Board of Governors of the Federal Reserve System (the "Board") is...

 


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