Decisions

10.16.14

Dechert LLP: CFTC Issues Exemptive Relief Related to JOBS Act Amendments to Regulation D

10.16.14

FTC Targeting Deceptive Advertising of Mortgage Lead Generators

Morrison & Foerster on the FTC's recent complaint against Intermundo Media, LLC (Intermundo) alleging deceptive marketing tactics under the FTC Act and Mortgage Acts and Practices – Advertising Rule (MAP Rule).

06.19.14

SEC v. Citigroup Global Markets

Dechert ONPOINT: Second Circuit Overturns Lower Court's Refusal to Approve SEC Settlement With Citigroup

04.11.14

Federal Trade Commission v. Wyndham Worldwide Corp.

Dykema: Federal Court Upholds Broad FTC Authority to Regulate Data Security Standards

04.09.14

Federal Trade Commission v. Wyndham Worldwide Corp.

Dechert OnPoint: Court Sides with FTC on Sweeping Data Security Role

04.02.14

The Matter of the Search of Information Associated with [redacted] @mac.com that is Stored at Premises Controlled by Apple, Inc.

Dechert: Reining In Overbroad Criminal Subpoenas – Is Some Relief In Sight?

03.14.14

Lawson v. FMR

Goodwin Procter Client Alert:

10.18.13

Simon v. FIA Card Services

Goodwin Procter Consumer Financial Services Alert: Third Circuit Holds FDPCA Can Apply in Bankruptcy Proceedings

09.18.13

Hughes v. Kore of Indiana Enterprises

Goodwin Procter Financial Services Alert: Seventh Circuit Reverses Decertification of Class in ATM Fee Suit

09.05.13

Hartman v. Smith and Prime Security Bank

Goodwin Procter Financial Services Alert: Eighth Circuit Reaffirms that Notice Alone is Insufficient to Effectuate TILA Rescission

09.05.13

Ashley Gager v. Dell Financial Services

Goodwin Procter Financial Services Alert: Third Circuit Holds TCPA Allows Revocation of “Prior Express Consent”

09.05.13

Laborers’ Local 265 Pension Fund v. iShares Trust

Goodwin Procter Financial Services Alert: Court Dismisses Shareholders’ Investment Company Act Claims Brought Against Advisers and Directors of Exchange-Traded Funds for Allegedly Excessive Fees Paid by the Funds in their Securities Lending Agreements

09.05.13

NCUA v. Nomura Home Equity Loan

Goodwin Procter Financial Services Alert: Tenth Circuit Rules that “Extender Statutes” Permit NCUA to Bring Otherwise Time-Barred RMBS Suits

03.25.13

Knowles v. Standard Fire Insurance Co.

Classy Move: The Supreme Court Rebuffs Class Action Forum Manipulation

01.28.13

Noel Canning v. NLRB

Pillsbury Client Alert on D.C. Circuit Court Decision That Calls Into Question the Constitutionality of the Appointment of the Director of the CFPB

01.26.13

Noel Canning v. NLRB

D.C. Circuit holds NLRB recess appointments, and by implication Director Cordray's recess appointment to the CFPB, were invalid.

11.20.12

Worsham v. Account Receivable Management, Inc.

Ballard Spahr covers the Fourth Circuit’s rejection of FDCPA challenge to prerecorded calls seeking location information

11.01.12

Montgomery County, Pennsylvania, Recorder of Deeds v. MERSCORP, Inc., and Mortgage Electronic Registration Systems, Inc.

Ballard Spahr summarizes a Federal court ruling allowing Pennsylvania county recorder to sue MERS for failure to record mortgage assignments.

10.24.12

Chesbro v. Best Buy Stores

Ballard Spahr summarizes the Ninth Circuit ruling on the case regarding prerecorded courtesy calls subject to Telephone Consumer Protection Act provisions.

10.12.12

CFTC v. ISDA & SIFMA

K&L Gates summarizes the Federal District Court of D.C.’s decision in the case against the Commodity Futures Trading Commission regarding a recent position limit rule on commodity options and swaps pursuant to the Dodd-Frank Act.

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10.09.12

AT&T Mobility LLC v. Concepcion

Ballard Spahr covers the development of an organization, Consumers Count, created in response to the AT&T Mobility LLC v. Concepcion case to restore consumer rights related to class action waivers in consumer arbitration agreements.

10.01.12

International Swaps and Derivatives Association v. CFTC

Derchert analyzes the Federal District Court of Washington D.C.’s opinion in striking down a Commodity and Futures Trading Commission rulemaking. The International Swaps and Derivatives Association and the Securities Industry and Financial Markets Association filed the case against the rulemaking. The Court found that the CFTC’s interpretation of statutory language surrounding final position limit rules for over-the-counter swaps and derivatives was not aligned with the intent of the Dodd-Frank Act.

09.12.12

Basile v. H&R Block, Inc.

Ballard Spahr analyzes the Pennsylvania Supreme Court case of Basile v. H&R Block, Inc. and the court’s rejection of class certification in this consumer financial services case.

09.11.12

Schnabel v. Trilegiant Corp.

Ballard Spahr’s analysis of class action suit, Schnabel v. Trilegiant Corp. The Second Circuit Court of Appeals affirmed the district court’s decision to refuse the defendant’s movement to compel individual arbitration, because the arbitration provisions of the online agreement between the defendant and the plaintiffs was not disclosed on the online enrollment page at the time of the contract formation.

09.07.12

NECA – IBEW Health and Welfare Fund v. Goldman Sachs Co.

Thomas Reuters/Alison Frankel’s Analysis of Second Circuit Court of Appeals’ opinion in the class action suit against Goldman Sachs. In the case where the fund alleged that Goldman Sachs concealed MBS risk, the court ruled that the fund had standing for the claims it invested in as well as claims related to every certificate or trust in the offering.

09.05.12

Napoli v. HSBC Mortgage Services

Ballard Spahr analyzes the District Court of New Jersey’s decision in the case of Napoli v. HSBC Mortgage Services. In the case the court ruled that borrowers must raise unfair lending practice accusations during the foreclosure proceedings.

08.27.12

AT&T Mobility LLC v. Conception

Ballard Spahr examines the Supreme Court’s decision to obligate courts to compel individual arbitration.

08.23.12

Bain v. Metropolitan Mortgage Group, Inc.

Ballard Spahr examines the decision of the Supreme Court of Washington in its Mortgage Banking Update.

06.19.12

Mortgage Bankers Association v. Solis

Federal District court upholds the Department of Labor’s interpretation of the Fair Labor Standards Act excluding mortgage loan originators from overtime exemptions.

06.07.12

Freeman v. Quicken Loans

The U.S. Supreme Court rules in the case of Freeman v. Quicken Loans, deciding that a lender violates Section 8(b) of RESPA for dividing a fee with another entity that did not provide services in connection with the fee.