Searching Content indexed under Litigation, Mediation & Arbitration by Robert Loeb ordered by Published Date Descending.
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Federal Regulators Issue Key Guidance On Fintech Issues
On July 30, the U.S. Department of the Treasury ("Treasury") and the Office of the Comptroller of the Currency ("OCC") provided important guidance on a broad range of issues confronting the fintech...
United States
9 Aug 2018
The SEC's Authority To Enforce The Bank Secrecy Act Is Challenged
In the past few years, the SEC has become increasingly active in bringing enforcement actions based on broker-dealers' alleged failures to comply ...
United States
24 Jul 2018
The SEC's Authority To Enforce The Bank Secrecy Act Is Challenged
In the past few years, the SEC has become increasingly active in bringing enforcement actions based on broker-dealers' alleged failures to comply with requirements of the Bank Secrecy Act (BSA) ...
United States
18 Jul 2018
Association Of State Regulators Sues To Enjoin OCC's Fintech Special-Purpose National Bank Charters
Last week, a group of state regulators, the Conference of State Bank Supervisors ("CSBS"), filed suit in the U.S. District Court for the District of Columbia seeking to enjoin the "OCC")...
United States
10 May 2017
United States
4 May 2017
Madden v. Midland Update: District Court Denies Summary Judgment And Certifies Class
After the U.S. Supreme Court refused to grant review of the Second Circuit's May 2015 decision in Madden v. Midland concerning federal preemption of state usury rates for loans issued by a national bank...
United States
10 Mar 2017
The Gorsuch Nomination: The Return Of The Business Friendly Court?
After reviewing Judge Gorsuch's background and record of judicial opinions, it appears that the prior relatively pro-business conservative trajectory of the Supreme Court will now be restored.
United States
15 Feb 2017
Class Action Against Lending Club And WebBank Headed To Defeat
On Monday, a federal district court in the Southern District of New York granted a motion to compel arbitration in Bethune v. Lending Club Corporation, et al., a closely watched putative class action raising important...
United States
13 Feb 2017
Orrick Team Urges U.S. Supreme Court To Find Federal Mug Shots Subject To FOIA
An Orrick team filed a petition for a writ of certiorari in the U.S. Supreme Court today asking the Court to decide whether booking photos of indicted federal defendants must be disclosed to the media...
United States
8 Dec 2016
Georgia Supreme Court Rejects Attempts To Narrow State Payday Lending Act
Last week, in Western Sky Financial v. State of Georgia, the Georgia Supreme Court issued a decision rejecting challenges to the state's Payday Lending Act (the "Act").
United States
15 Nov 2016
D.C. Circuit Strikes Down CFPB Leadership Structure
On October 11, 2016 the D.C. Circuit in PHH Corporation v. CFPB, No. 15-1177, struck down the Consumer Financial Protection Bureau's (CFPB) leadership structure as unconstitutional.
United States
19 Oct 2016
Rejecting "True Lender" Arguments, California District Court Dismisses Claims Against Student Loan Servicers
This past Thursday, September 22, a federal district court in the Central District of California dismissed an action raising usury claims against several student loan servicers...
United States
28 Sep 2016
Bob Loeb Participates In Lawfare Podcast On D.C. Circuit Ruling In Al-Nashiri
Bob Loeb, a partner in Orrick's Supreme Court & Appellate group and a former appellate counsel at the U.S. Department of Justice, where he handled numerous national security related cases, recently participated in an episode of The Lawfare Podcast
United States
16 Sep 2016
Supreme Court To Resolve Circuit Split Over Structured Dismissals
The Supreme Court again will be addressing the powers of bankruptcy courts. At the end of the term, the Court granted certiorari in Czyzewski v. Jevic Holding Corp...
United States
29 Jul 2016
Case Update: Midland Funding Madden – Supreme Court Denies Certiorari
Even within the Second Circuit, the courts will now have to grapple with how to construe Madden and whether to extend the decision beyond the context addressed by the Second Circuit—the sale of defaulted-debt.
United States
7 Jul 2016
Case Update: Midland Funding v. Madden – Supplemental Brief
As we reported in our case update on May 26, the Solicitor General filed its brief expressing the Government's views on the cert-worthiness of Midland Funding v. Madden.
United States
14 Jun 2016
Seventh Circuit Holds That Mandatory Arbitration With Class Waiver Violates NLRA, Setting Up Circuit Split
In Lewis v. Epic Systems Corp., the court held that a mandatory class arbitration clause negating an employee's ability to bring and recover from any wage-and-hour collective actions violated Sections 7 and 8 of the NLRA.
United States
13 Jun 2016
Case Update: Midland Funding v. Madden: The Solicitor General Brief Could Be A Game Changer
Although the Solicitor General's brief advocated against a grant of review in this case, it provides resounding support for Midland's substantive position.
United States
2 Jun 2016
Not So Fast – Supreme Court Holds Prepetition Fraudulent Transfer Precludes Post-Petition Discharge In Husky International
The discharge of pre-petition debts at the conclusion of a bankruptcy case is one of the most important ways to attain this fresh start.
United States
1 Jun 2016
Supreme Court Issues Two Decisions That Limit Access To Federal Courts
Spokeo concerns a representative plaintiff—Thomas Robins—whose biographical information was inaccurately reported by Spokeo Inc.
United States
25 May 2016
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