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|Florida Consumer Collection Practices Act Applies to Anyone Collecting a Debt|
Adam Keith Butman Brandon; Rogers Towers, P.A.;
September 1, 2014, previously published on August 28, 2014The Florida Consumer Collection Practices Act (“FCCPA”) prohibits anyone attempting to collect a debt from using certain types of abusive, deceptive, and misleading tactics. In a recent decision, Florida’s Second District Court of Appeals ruled that the FCCPA applies not just to...
|Tip of the Month: Staying Informed About State Data Breach Laws|
Rebecca S. Eisner, Kim A. Leffert, Lei Shen; Mayer Brown LLP;
September 1, 2014, previously published on August 29, 2014 A growing consumer products company is expanding its sales from brick and mortar stores to the Internet. The general counsel, who is charged with overseeing information governance at the company, is interested in keeping abreast of state data breach laws as the company grows and expands into new...
|7th Cir. Confirms Protections for Sealing Parties' Confidential Documents|
Eric J. Hatchell; Foley & Lardner LLP;
August 29, 2014, previously published on August 27, 2014A common concern for business litigants is protecting legitimately confidential matter contained in documents produced during discovery from dissemination to non-parties. The Supreme Court’s decision in Seattle Times Co. v. Rhinehart, 47 U.S. 20 (1984), confirmed that discovery material can...
|Anti-Corruption Compliance Stalls, Despite Aggressive Enforcement|
Paul Pimentel; Blaney McMurtry LLP;
August 29, 2014, previously published on August 26, 2014Anti-corruption compliance efforts appear to be stalling, despite an increase in enforcement actions. According to a global fraud survey conducted by auditing firm Ernst & Young, the percentage of companies that have anti-bribery/anti-corruption policies has increased by only 1% over the past...
|Overview of the United Kingdom Bribery Act|
Paul Pimentel; Blaney McMurtry LLP;
August 29, 2014, previously published on August 26, 2014Like the Corruption of Foreign Public Officials Act (“CFPOA”) and U.S. Foreign Corrupt Practices Act (“FCPA”), the UK’s Bribery Act 2010 (“UKBA”) has extra-territorial application. It also has unique offences and is considered more stringent than either the...
|Canada and European Union Agree to Comprehensive Economic and Trade Agreement|
Patrick Gervais; Blaney McMurtry LLP;
August 29, 2014, previously published on August 26, 2014Canada and the European Union (EU) reached an important milestone on August 5, 2014, by agreeing to a draft trade agreement (CETA) now undergoing legal review. This brings Canada one step closer to a historic agreement that would significantly reduce tariffs on goods and services exported to the...
|Expanding the Pie Creatively: Settlement in Challenging Economic Times|
Hannah F.G. Singerman; Weltman, Weinberg & Reis Co., L.P.A.;
August 28, 2014, previously published on August 26, 2014The civil litigation system, especially in the state courts, is all about settlement. According to a 2005 study, only 2% of civil contract cases in state courts are disposed of at either a bench or jury trial. Judges push settlement, subtly or not so subtly. At times, settlement can be the best...
|Finally Certainty About Licensing SPVs Under the FCA Consumer Credit Regime|
Bruce C. Bloomingdale, Stephen Day, Angus Duncan, Daniel Marcus, Jeremiah M. Wagner; Cadwalader, Wickersham & Taft LLP;
August 28, 2014, previously published on August 20, 2014From 1 April 2014, responsibility for the regulation of consumer credit in the UK was transferred from the Office of Fair Trading ("OFT") to the Financial Conduct Authority ("FCA"), drawing certain activities relating to consumer credit within the authorisation and regulated...
|Sovereign Litigation in Latin America: Top Five Issues To Think of When Doing Business With a Latin American Country|
Juan C. Castañeda, Alejandro E. Moreno, Neil A.F. Popović; Sheppard, Mullin, Richter & Hampton LLP;
August 28, 2014, previously published on August 18, 2014“We are in the soup” exclaimed, federal judge Thomas Griesa, referring to Argentina allegedly defaulting on its sovereign bonds. And so we are.
|CFPB, FTC, and 15 States Announce Suits against Foreclosure Relief Companies|
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
August 26, 2014, previously published on August 20, 2014On July 23rd, the CFPB, the Federal Trade Commission (FTC), and 15 states announced a concerted effort against foreclosure relief companies that were allegedly using false and deceptive means to market foreclosure relief services to distressed homeowners. The CFPB sued three companies, and...