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HTMLMassachusetts Treasurer Demands National Mutual Fund Records in Multistate Unclaimed Property Audit
Sutherland Asbill Brennan LLP;
Legal Alert/Article
October 14, 2014, previously published on October 8, 2014
Late this summer, the Massachusetts Treasurer demanded mutual fund records on a nationwide basis as part of a multistate unclaimed property audit. Thirty-five (35) states are involved in the audit, but the Treasurer has sought records pertaining to all fifty (50) states.


HTMLYet Again, the Supreme Court Narrows Patent Eligibility, This Time Targeting Computer-Related Inventions
Bruce D. Sunstein; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
October 10, 2014, previously published on July 1, 2014
In the wake of its decisions denying eligibility for patent protection to diagnostic procedures (Mayo Collaborative Services v. Prometheus Laboratories, 2012), and isolated genomic DNA (Association for Molecular Pathology v. Myriad Genetics, 2013), the Supreme Court has denied patent eligibility to...


HTMLSupreme Court of Canada Rules that Provincial Consumer Protection Laws Apply to Bank-Issued Credit Cards
Suhuyini Abudulai; Cassels Brock & Blackwell LLP;
Legal Alert/Article
October 9, 2014, previously published on October 1, 2014
On September 19, 2014, the Supreme Court of Canada (the “SCC”) released its long-awaited decision in Bank of Montreal v. Marcotte and two companion cases (Amex Bank of Canada v. Adams and Marcotte v. Fédération des caisses Desjardins du Québec). Significantly, the...


HTMLDebt Collectors Beware: Venue Provision of FDCPA Reinterpreted
Brian C. Langs, Joseph R. Marconi; Johnson & Bell, Ltd.;
Legal Alert/Article
October 8, 2014, previously published on September 2014
In Suesz v. Med-1 Solutions, LLC, 2014 U.S. App. LEXIS 12562 (7th Cir. 2014), the Seventh Circuit recently reinterpreted the venue provision of the federal Fair Debt Collection Practices Act (“FDCPA”). The issue for the court was whether township small claims courts in Marion County,...


HTMLEdgeworth: Commercial Reasonableness in Receivership Proceedings
Seema Aggarwal, Jane Dietrich, Shayne Kukulowicz; Cassels Brock & Blackwell LLP;
Legal Alert/Article
September 24, 2014, previously published on September 17, 2014
Recently, the Ontario Superior Court of Justice released a decision regarding amending a receivership order and re-allocating the proceeds of sale in a receivership proceeding (Romspen v Edgeworth, 2014 ONSC 4340). The effect of the decision is to confirm that, notwithstanding any final orders made...


HTMLNorth Carolina Supreme Court Upholds Enforceability of Waiver of ECOA Claim
Jessica K. Burr; Spilman Thomas Battle PLLC;
Legal Alert/Article
September 23, 2014, previously published on September 18, 2014
Last month, the North Carolina Supreme Court issued an important opinion for lenders in this state. The opinion reversed the North Carolina Court of Appeals’ decision in RL REGI N.C., LLC v. Lighthouse Cove, LLC, which found that a waiver of claims contained in a forbearance agreement could...


HTMLThe Marcotte Decision: The Supreme Court of Canada Rules Against Banks in Provincial Consumer Protection Class Action
David T. Neave, Rebecca R. von Rüti; Davis LLP;
Legal Alert/Article
September 23, 2014, previously published on September 22, 2014
On September 19, 2014, the Supreme Court of Canada (the “Court”) ruled in Bank of Montreal v. Marcotte (“Marcotte”) that Quebec’s consumer protection legislation is applicable to federally regulated banks such that it provides the basis for consumer class actions in...


HTMLAnother Court Rules That Availability of Make-Whole Premiums in Bankruptcy Depends on Governing Documents
Eric R. Blythe, Kevin J. Walsh; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 23, 2014, previously published on September 15, 2014
In a recent bench decision in In re MPM Silicones, LLC et al., Case No. 14-22503-RDD (Bankr. S.D.N.Y. August 26, 2014), the Bankruptcy Court considered bondholders’ right to recover make-whole premiums (premiums paid for early repayment of debt) upon the payment of accelerated debt following...


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...


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.


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