On June 16, 2023, the United States Supreme Court issued an 8-1 decision in the case of United States, ex rel. Polansky v. Executive Health Resources, Inc., which held that the Department of Justice (DOJ) can move to dismiss...more
6/21/2023
/ Article II ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Rules of Civil Procedure ,
Healthcare Fraud ,
Judicial Intervention ,
Lack of Authority ,
Motion to Dismiss ,
Qui Tam ,
Regulatory Authority ,
Relators ,
SCOTUS ,
United States ex rel Polansky v Executive Health Resources Inc ,
Whistleblowers
On March 15, the U.S. Census Bureau (the Bureau) slightly backtracked from its bombshell announcement in February that Public Law 94-171 redistricting data would be delayed until as late as Sept. 30. The March 15 announcement...more
On April 1, 2020, Ohio Gov. Mike DeWine signed Executive Order 2020-08D (the Order) addressing commercial evictions and foreclosures in Ohio during the COVID-19 public health emergency. Broadly stated, the Order “request[s]”...more
Welcome to the 2018 Year-End Report from BakerHostetler’s Financial Services Industry Team . We are pleased to share our analysis of some of the key developments in the financial services industry in 2018 and our expectations...more
3/27/2019
/ Banking Sector ,
Banks ,
Borrowers ,
Consumer Financial Protection Bureau (CFPB) ,
Cryptocurrency ,
Digital Currency ,
Financial Institutions ,
Financial Services Industry ,
FinTech ,
Lenders ,
OCC ,
Payday Loans ,
Virtual Currency
On Jan. 8, 2019, the U.S. Supreme Court issued a unanimous decision regarding an important procedural issue under the Federal Arbitration Act (FAA). In Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1272, it held...more
1/11/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Contract Terms ,
Exceptions ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
Judicial Review ,
Motion to Compel ,
Question of Arbitrability ,
Remand ,
SCOTUS ,
Vacated ,
Wholly Groundless Doctrine
Welcome to the 2017 Year-End Report from our financial services industry team. We are pleased to share our analysis of some of the key developments in the financial services industry in 2017 and our expectations for 2018.
...more
4/17/2018
/ Arbitration Agreements ,
Chapter 11 ,
Commercial Bankruptcy ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial CHOICE Act ,
Financial Services Industry ,
Lenders ,
Libor ,
Mortgages ,
Payday Lending Rule ,
Single Director
On March 20, Florida Governor Rick Scott signed Senate Bill 220 into law. The bill is designed to limit the ability of defendants in foreclosure proceedings to keep contesting the foreclosure after agreeing, in bankruptcy, to...more
On the afternoon of Nov. 1, President Donald J. Trump signed H.J. Res. 111, completing the process under the Congressional Review Act to disapprove the Consumer Financial Protection Bureau (CFPB)’s Consumer Arbitration Rule...more
The Second Circuit’s Sept. 19, 2017 decision in Katz v. The Donna Karan Company, LLC, et al., Dkt. No. 15-464, has potentially provided a new road map to defeating class actions alleging statutory damages for bare procedural...more
Welcome to the 2016 Year-End Report from BakerHostetler’s Financial Services Industry Team. We are pleased to share our analysis of some of the key legal developments in the financial services industry in the past year and...more
Yesterday, the Consumer Financial Protection Bureau (CFPB) announced the issuance of a consent decree with a former mortgage loan officer arising out of alleged violations of the Real Estate Settlement Procedures Act’s...more
5/30/2016
/ Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Enforcement Actions ,
Mortgage Lenders ,
Mortgage Loan Officer ,
Mortgages ,
Personal Liability ,
Popular ,
RESPA ,
UDAAP ,
Wells Fargo
On May 16, 2016, in Sheriff v. Gillie, Case No. 15-338, the Supreme Court reversed a decision of the Sixth Circuit holding that private attorneys contracted by a state attorney general’s office to collect debt owed to state...more
On May 5, 2016, the Consumer Financial Protection Bureau (CFPB) announced the issuance of a Notice of Proposed Rulemaking (NPRM) soliciting comments on a proposed rule to prohibit covered institutions from including, in most...more
Continuing low oil and natural gas commodity prices have led to bargain prices at the pump, but also high tension in many boardrooms. This strain on the industry has resulted in many exploration and production, or “E&P,”...more
Yesterday’s oral argument in the CFPB v. PHH Corporation appeal included sharp questioning about the constitutionality of the Consumer Financial Protection Bureau’s (CFPB) single-director structure, which the parties agreed...more
On March 3, 2016, the BakerHostetler Financial Services industry team held its inaugural Financial Services Risk Summit. The speakers and panels addressed several key areas affecting the financial services sector: regulatory...more
4/5/2016
/ Banking Sector ,
Consumer Financial Protection Bureau (CFPB) ,
Data Security ,
Fair Lending ,
FDIC ,
Financial Services Industry ,
Internal Investigations ,
Mortgages ,
Regulatory Standards ,
Risk Management ,
Sarbanes-Oxley ,
TILA-RESPA Integrated Disclosure Rule (TRID) ,
UDAAP ,
Whistleblowers
In remarks delivered yesterday at a field hearing in Louisville, Kentucky, Consumer Financial Protection Bureau (CFPB) Director Richard Cordray announced three actions the CFPB is taking to encourage financial institutions to...more
Please join the BakerHostetler Class Action Defense Team's webinar on February 10, 2015, from 12:00-1:15 p.m., discussing the risks and trends expected to affect consumer financial services in 2016. The presenters will draw...more
In a 6-3 decision yesterday, the Supreme Court in DirecTV, Inc. v. Imburgia, 577 U.S. ___, S. Ct. (2015) reversed a decision of the California Court of Appeals that refused to enforce a class action arbitration waiver on...more
On Wednesday, November 4, the Federal Trade Commission announced the largest-ever-coordinated federal-state enforcement initiative targeting allegedly deceptive and abusive debt collection practices. The initiative,...more
On October 27, 2015, the United States Department of Education issued 433 pages of new regulations governing student loan programs under the Student Assistance General Provisions regulations promulgated under the Higher...more
11/5/2015
/ ATMs ,
Banking Sector ,
Banks ,
Colleges ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Card Surcharges ,
Department of Education ,
Department of Energy (DOE) ,
Disclosure Requirements ,
Federal Student Aid ,
Financial Institutions ,
Higher Education Act ,
Point of Sale Terminals ,
Student Loans ,
Transaction Fees ,
Universities
As we covered here, the U.S. Supreme Court accepted certiorari in Campbell-Eward Co. v. Gomez, 768 F.3d 871 (9th Cir. 2014), to decide the question of whether a full-relief offer of judgment under Federal Rule of Civil...more
8/21/2015
/ Campbell Ewald v Gomez ,
Class Action ,
Class Certification ,
Genesis HealthCare ,
Genesis Healthcare Corp. v. Symczyk ,
Prior Express Consent ,
Right to Privacy ,
Robocalling ,
Rule 68 ,
SCOTUS ,
TCPA ,
Unsolicited Faxes
Please join BakerHostetler’s Class Action Defense practice team on Wednesday, September 9, 2015, for an informative Webinar discussing the latest in defense strategies for companies facing class actions. The presenters will...more
On August 3, 2015, the D.C. Circuit Court of Appeals entered an order staying Consumer Financial Protection Bureau (CFPB) Director Richard Cordray’s June 4, 2015, order imposing injunctive relief and disgorgement of over $109...more
8/14/2015
/ Administrative Law Judge (ALJ) ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Disgorgement ,
Financial Institutions ,
Injunctive Relief ,
Insurance Industry ,
Kickbacks ,
Mortgage Insurance ,
Mortgages ,
Reinsurance ,
RESPA
Last week, the CFPB launched a new series of monthly reports to “highlight key trends from consumer complaints submitted to the Bureau.” The CFPB intends for each monthly report to provide top-level highlights of consumer...more