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D.C. Circuit Court Strikes Opt-Out Notice Requirement For Certain Faxes

On Friday, in a decision certain to please the business community as well as the Chair and new majority of the Federal Communications Committee, the D.C. Circuit struck down parts of the FCC’s October 30, 2014 Order, 29 F.C.C. Rcd. 13998 (FCC 14-164), requiring that solicited faxes (those sent with consent of the recipient) must … Continue Reading

Ohio Federal Court Rules That Bank Is Not Liable Under Ohio Securities Act For Providing Ordinary Banking Services To Customers Who Operated Ponzi Scheme

In a January 10, 2017 decision, United States District Judge Thomas M. Rose in the Southern District of Ohio ruled that plaintiffs, who claimed to be investors in a Ponzi scheme operated by customers of PNC Bank, failed to state a claim against PNC Bank, National Association and The PNC Financial Services Group, Inc. (collectively, … Continue Reading

Rasheed Al Rushaid v. Pictet & Cie – New York Court of Appeals Rules In A 4-3 Decision That Foreign Bank Is Subject To Personal Jurisdiction Based On Allegedly Repeated And Intentional Use of Correspondent Accounts

In Rasheed Al Rushaid v. Pictet & Cie, the New York Court of Appeals ruled in a November 22, 2016 decision that a foreign bank’s allegedly intentional and repeated use of correspondent bank accounts in New York was sufficient to subject the bank to personal jurisdiction.  The Court concluded in a 4-3 decision that the … Continue Reading

California Amends Identity Theft Requirements for Debt Collectors

The California legislature has amended the existing requirements for debt collectors who receive consumer claims of identity theft with the Identity Theft Resolution Act (“Act”). See AB 1723; Cal. Civ. Code § 1785.16.2.[1]  The Act does not take effect until January 1, 2017, but creditors should immediately start implementing new policies and procedures for debt collectors … Continue Reading

Third Circuit Affirms Summary Judgment for M&T in RESPA Class Action Involving Private Mortgage Insurance Reinsurance

Andrew Soven, Dan Booker and Molly Campbell secured a precedential Third Circuit victory of a putative class action asserted against firm client M&T Bank Corp. and its subsidiaries claiming that, under the Real Estate Settlement Procedures Act (“RESPA”) and unjust enrichment, M&T operated an illegal captive reinsurance scheme.  Originally filed in the U.S. District Court … Continue Reading

Definition of an Autodialer a Question for the Jury

A recent opinion from the Southern District of California suggests that now there is no bright-line rule regarding what qualifies as human intervention for purposes of determining whether an autodialer was used. In denying a motion for summary judgment filed by Yahoo, the court found that: “there are genuine issues of fact as to whether the … Continue Reading

Supreme Court re Arbitration : Go Ask Your Congress

With its last opinion of 2015, the Supreme Court added DIRECTV v. Imburgia to the ever-growing line of decisions reversing California courts refusal to enforce provisions in arbitration agreements that barred class arbitration. Imburgia presents the Court’s second look at the hostility of California law to waivers of class wide arbitration. Three years ago, after … Continue Reading

Target “Data Breach Task Force” Documents Deemed Privileged

The Minnesota magistrate judge presiding over discovery in the litigation seeking to hold Target Corp. liable for the retailer’s 2013 data breach issued an order denying the motion by a plaintiff class of about 9,000 banks to compel production of certain documents relating to Target’s internal investigation that were withheld on privilege grounds. Target withheld … Continue Reading

U.S. Supreme Court Poised to Rule on Mooting Effect of Rule 68 Offers of Judgment

One of the hottest topics in class action litigation is whether a defendant’s offer of judgment providing complete relief to a plaintiff under Rule 68 of the Federal Rules of Civil Procedure moots the plaintiff’s individual and uncertified class action claims.  In just a few weeks, the U.S. Supreme Court will take up this question … Continue Reading

Bank Examination Privilege Presents a Moving Target for Counsel

In the current banking environment, where private civil litigation is frequently brought simultaneously with, or very closely following, regulatory investigations and enforcement actions, it is crucial for banks to know whether and how communications with federal and state regulators may be used against them in parallel or subsequent proceedings. The bank examination privilege exists at … Continue Reading
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