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Searching Content indexed under Litigation, Mediation & Arbitration by Steven Kaplan ordered by Published Date Descending.
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Madden Update: Solicitor General Says the Second Circuit Got it WrongóBut that the Decision Should Still Stand for Now
The controversial decision in Madden v. Midland Funding, LLC, was "incorrect" and "reflects an unduly crabbed conception of [National Bank Act] preemption," said the Solicitor General and the Office of the Comptroller of the Currency ("OCC") ..
United States
1 Jun 2016
2
The CFPB's Proposed Anti-Arbitration Rule
The rule just proposed by the Consumer Financial Protection Bureau to regulate arbitration agreements is not a surprise: the Bureau has said for months that it was developing such a rule.
United States
16 May 2016
3
Madden In The Supreme Court: Where It Is, And Where It Could Be Going
Nearly everyone in the consumer finance industry is familiar with the May 2015 decision of the United States Court of Appeals for the Second Circuit in Madden v. Midland Funding, LLC.
United States
18 Apr 2016
4
U.S. Court Of Appeals For The D.C. Circuit Sharply Questions CFPB At Oral Argument In PHH Corp. v. CFPB
The hearing before the U.S. Court of Appeals for the D.C. Circuit in PHH Corp. v. Consumer Financial Protection Bureau on April 12 was a tale of two arguments.
United States
14 Apr 2016
5
Time To Prepare For The CFPB's Proposed Rule Imposing A De Facto Ban On Arbitration In The Consumer Financial Services Sector
The CFPB is about to issue a rule that, if it goes into effect, will effectively eliminate these arbitration programs.
United States
14 Apr 2016
6
D.C. Circuit Panel Raises Questions Regarding The Constitutionality Of The CFPB
The structure of the Consumer Financial Protection Bureau (CFPB), which is headed by a single director who is removable only for cause, has been the subject of criticism and attack since the agency's inception.
United States
8 Apr 2016
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