Searching Content indexed under Litigation, Mediation & Arbitration by Joseph Cioffi ordered by Published Date Descending.
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Trademark License Rights Survive Rejection in Bankruptcy
Settling a circuit split, the U.S. Supreme Court, in an 8-1 decision, has concluded that a trademark licensee's rights are not automatically terminated when a debtor in bankruptcy rejects the license agreement.
United States
18 Jun 2019
Watch Out For Madden v. Midland Risks In Education Lending
When the Illinois court ruled on the motion to dismiss on this question of preemption in 2017, the court looked to the Second Circuit's decision in
United States
20 May 2019
When An Act Is Not A Disclosure, States Win The Preemption Battle
Like Ali v. Frazier II and III, it's not much of a rivalry if one side keeps winning the decision.
United States
23 Jan 2019
As Less Enforcement Leads To More Lawsuits, We Speak To Education Loan Finance On Ways Lenders And Servicers Can Avoid Future Issues
Although there's been much talk of an epic battle between states and the federal government that will determine the scope of federal preemption in the student loan space,
United States
18 Oct 2018
Subprime Residential Mortgages And RMBS In 2018: A Tale Of Two Cycles
Litigation related to pre-financial crisis subprime mortgage lending and securitization has resulted in a decade-long hangover for many of those who participated in the boom times.
United States
30 Jan 2018
Financial Institution Lawsuits Against Equifax Tempt Consumer Backlash
The massive data breach at Equifax has quickly spurred a number of lawsuits on behalf of consumers. That was to be expected.
United States
13 Oct 2017
The CFPB's Ban On Mandatory Arbitration – Betting Better Behavior By Banks Will Offset Considerable Consumer Costs
It's been getting tougher for anyone to mount strong opposition to the Consumer Financial Protection Bureau's (CFPB) rule banning mandatory arbitration clauses after news broke of more misdeeds...
United States
22 Aug 2017
Asset Securitization Report, "Yes, The President's Words Do Matter, Even For Student Loan Litigation"
In a recent Asset Securitization Report article, Joseph Cioffi examines how the President's campaign rhetoric and post-election plans may support a court ruling that a class action lawsuit...
United States
7 Aug 2017
Claims Against Navient Echo Problems With Subprime Mortgage Loan Servicers
Just as industry-wide litigation and investigations targeting subprime mortgage servicers began with lawsuits against the industry's largest players...
United States
7 Mar 2017
U.S. Supreme Court Leaves Marketplace Lenders Exposed To Further Claims Related To Loans They Issue And Securitize
Whether borrowers and investors outside of these jurisdictions would find the same success as the plaintiff in Madden remains to be seen.
United States
7 Jul 2016
Challenges To Marketplace Lending Structures May Ultimately Impact Securitizations
In May 2015, the Second Circuit sent shockwaves through the secondary debt market with its narrow application of the National Bank Act (NBA) in Madden v. Midland.
United States
30 Jun 2016
Recent Decisions Have Shed Light On General Jurisdiction, But Ambiguity Remains For Defendants That Are Members Of Affiliated Groups
Corporate and banking groups operating in multiple jurisdictions in particular should be mindful of the parameters of the current state of the law regarding personal jurisdiction.
United States
6 Jun 2016
Opportunities Exist For Purchasers In Chapter 11 Bankruptcies, But Risks Remain
In the U.S. Bankruptcy Courts, the very laws intended to foster rehabilitation of financially distressed entities also create opportunities for prospective purchasers.
United States
8 Feb 2016
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