Financial Services Blog
- Blog: Financial Services PerspectivesMississippi Joins the Anti-Preemption ParadePosted on April 20, 2021 by Keith S. Anderson and R. Aaron ChastainThe Mississippi Supreme Court recently rejected federal preemption arguments relating to federally owned student loans. This follows other preemption rulings, as we’ve discussed here and here. Mississippi’s attorney general filed the action on behalf of the state against Navient Corporation, bringing claims under the Mississippi Consumer Protections Act and for unjust enrichment for Navient’s alleged...… Continue Reading
- Blog: Antitrust UpdateFifth Circuit Impax Decision Validates FTC’s Post-Actavis Approach to Reverse PaymentsPosted on April 19, 2021 by Jake Walter-Warner, William F. Cavanaugh, Jr., Amy N. Vegari, Ph.D.On April 13, 2021, the Court of Appeals for the Fifth Circuit issued its long-anticipated decision in Impax v. FTC, marking the first time an appellate court has weighed in on the merits of a so-called reverse payment case prosecuted by the Federal Trade Commission (“FTC”) since the Supreme Court’s Actavis decision in 2013. The [...]
- Blog: Waller Law BlogThe Intersection of Equitable Relief and Creative Problem Solving: Delaware Bankruptcy Court Approves Mandatory Settlement Procedures to Address Environmental Remediation IssuesPosted on April 15, 2021 by Bankruptcy case addresses complex environmental remediation issues in chapter 11 through implementation of mandatory settlement procedures.
- Blog: NextGen Financial Services ReportPhonelines Are Buzzing: The Supreme Court Has Finally Provided Clarity Regarding the TCPA’s Definition of Automatic Telephone Dialing SystemsPosted on April 2, 2021 by Theodore W. Seitz and Madison S. LaskowskiIn a much anticipated decision, the U.S. Supreme Court yesterday provided clarity on the definition of an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”) of 1991, 47 U.S.C. § 227. Those in the Financial Services industry have been eagerly awaiting the guidance that the Court’s ruling would provide. And provide...Continue Reading…
- Blog: The Business Law BlogThe Momentum of “Purpose” and the Gravity of the Fiduciary Duty in CanadaPosted on March 29, 2021 by Chat OrtvedIn the fall of 2015, the well-known corporate lawyer Martin Lipton issued a paper entitled Will a New Paradigm for Corporate Governance Bring Peace to the Thirty Years’ War. Focused on what were then widespread concerns about corporate short-termism and, more particularly, the effect of activist hedge funds on long-term corporate value, this article was a prelude to Mr ...
- Blog: Banking Law UpdateFinancial Institutions . . . In the NewsPosted on December 8, 2020 by James I. CohenThe Consumer Financial Protection Bureau has Wall Street and banks concerned that stronger oversight will take place under President-elect Biden’s term as President. (PPH 12.8.2020) Beginning 2021, Machias Savings Bank will put their leadership restructuring plan into effect. (The County 12.3.2020) Regulatory approval of the Kennebec Savings Bank and Kennebec Federal Savings has been granted. [...]