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The Supreme Court Answers a Call for Clarity Under the TCPA

The 1991 Telephone Consumer Protection Act (TCPA), 47 U.S.C. ยง 227, seems straightforward enough. Prerecorded calls to residences are prohibited, as are calls made using an "automatic telephone dialing system" to cell phones,...more

Tidal Wave of COVID-19 Lawsuits on the Way

As the "new normal" sinks in with social distancing and government-imposed shutdowns, some businesses are struggling to stay afloat. Now, many are about to be slammed with a tidal wave of litigation as consumers and injured...more

Trends in Overdraft Fee and NSF Litigation

There has recently been an increase in class action lawsuits against banks and credit unions challenging the manner in which those institutions charge overdraft and non-sufficient funds fees. This alert provides an overview...more

Tennessee Supreme Court Accepts Certification of Non-Economic Damages Cap Question

On June 19, 2019, the Supreme Court of Tennessee accepted certification of three questions of law relating to Tennessee's statutory non-economic damages cap. The certification follows on the heels of a decision from a divided...more

U.S. Court of Appeals Declares Tennessee Punitive Damages Cap Unconstitutional | Part 2: Breaking Down the Issues

In Part 1 of our alert on a recent case decided by the U.S. Court of Appeals for the Sixth Circuit, we examined the facts of Lindenberg v. Jackson Nat'l Life Ins. Co. and noted the importance of the divided panel's holding...more

U.S. Court of Appeals Declares Tennessee Punitive Damages Cap Unconstitutional | Part 1: The Lindenberg Decision

In mid-December 2018, a divided panel of the U.S. Court of Appeals for the Sixth Circuit held that Tennessee's statutory cap on punitive damages violates the right to trial by jury under the Tennessee Constitution. The case...more

Advisers Charged with Cleansing Dirty Money from Industry

On August 25, 2015, the Financial Crimes Enforcement Network (FinCEN) proposed an anti-money laundering rule applicable to SEC-registered investment advisers (RIAs). The proposed rule would require RIAs to establish...more

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