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While the Trump administration looks to pass legislation aimed at Dodd-Frank and the Consumer Financial Protection Bureau (“CFPB”), a lawsuit involving the extent of the CFPB’s authority and whether it can impose a $109 million penalty on a group of companies is continuing to be fought in a D.C. courtroom. In June 2015, PHH Corporation and a group of other companies asked the D.C ...

If you haven’t been paying any attention for the last two weeks, you may have missed that on February 3, 2017 President Trump signed an Executive Order setting forth his administration’s core principles for regulating the United States’ financial system. The order seems to be the first step in fulfilling his campaign promise to change Dodd-Frank, the Obama-era financial law that was enacted after the 2008 financial crisis. The order contains three sections. 1 ...

On February 24, 2017, President Trump issued another executive order designed to further his administration’s agenda to reduce regulations. Entitled “Enforcing the Regulatory Reform Agenda,” the executive order continues to make clear that “[i]t is the policy of the United States to alleviate unnecessary regulatory burdens placed on the American people ...

A West Virginia federal district court recently addressed a plaintiff’s claims that her reverse mortgage violated at least two statutes and West Virginia common law. The plaintiff was one of two borrowers on that mortgage and sued the mortgage lender and its servicing affiliate. The servicer moved to dismiss. The court granted the motion in part and denied it in part ...

Late this afternoon, the Supreme Court of Appeals of West Virginia issued its decision in State v. AFL-CIO and upheld the constitutionality of West Virginia's “Right-Work-Act” (the Workplace Freedom Act). Justice Jenkins delivered the opinion in which our high court reversed the Circuit Court of Kanawha County and remanded the matter back to that lower court with instructions to enter Summary Judgment in favor of the State ...

It is difficult to capture in a sentence the impact the COVID-19 pandemic is having on our health, our families, our fears, the operations of businesses of all sizes, the world’s governments, and our future. Not one segment of people or group of businesses has reported the pandemic is not affecting them.   It therefore should not come as a surprise that the reverse mortgage industry is feeling the effects of the pandemic ...

Federal appeals court gives effect to mortgage servicer’s disclaimers in monthly statements and letters and holds that homeowner is charged with carefully reading them and a basic level of understanding in what they say ...

Section 3513, one of the many provisions of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), addresses the handling of most federal student loans.   The CARES Act suspends all loan payments through September 30, 2020, for certain types of student loans made or held by the United States Department of Education: Federal Direct Stafford Loans, Federal Direct Parent PLUS Loans, Federal Direct Grad PLUS Loans, and Federal Direct Consolidation Loans ...

Amidst the rising number of mortgage loan forbearances due to COVID-19, Ginnie Mae has stepped in to limit the damage to issuers with its PTAP/C19 program.   The CARES Act provides borrowers with temporary protections in light of the economic distress caused by COVID-19. The CARES Act, signed into law on March 27, 2020, includes a series of protections for borrowers whose financial security has been affected by the COVID-19 pandemic ...

Dinsmore & Shohl LLP | April 2020

On March 27, 2020, President Donald Trump signed into law a $2 trillion emergency relief bill to ease the economic impact of coronavirus (COVID-19) and support response efforts. The CARES Act[1] included an allocation of $80 million in funding to the U.S. Food and Drug Administration (FDA) to continue its COVID-19 response efforts. The additional agency funding will be used, in part, for the development of medical countermeasures and vaccines ...

While the COVID-19 pandemic has led to the adoption of certain piecemeal consumer protection policies and/or guidances by individual states and the federal government, there have yet to be any sweeping changes to existing federal consumer debt collection laws or regulations in the wake of the pandemic. There has been a push, though, for the enactment of comprehensive consumer protection provisions ...

On April 17, a bill was introduced in the United States House of Representatives seeking to create the Rent and Mortgage Cancellation Act of 2020. The primary feature of the bill is it would suspend all rent and mortgage payments due during the COVID-19 pandemic, beginning on April 1, 2020 and ending 30 days after the termination of the pandemic by the Federal Emergency Management Agency. The tenants and mortgagees would have no responsibility to ever make those payments ...

As detailed in our previous alert, Texas Governor Greg Abbott recently committed to begin the gradual process of reopening businesses in Texas. On April 17, 2020, Governor Abbott issued two Executive Orders that relate to the strategic reopening of select services as the first step to open Texas in response to the COVID-19 pandemic. Impact on Retail Employers Executive Order GA 16 (“E.O ...

Even in pandemic-free times, the world of labor laws and employment regulations is at best confusing to an employer, and at worst, overwhelming. Adding the stress of emergency paid sick leave, ever-evolving unemployment qualifications, and shelter-in-place orders is enough to make any boss’s head spin. Business owners want to keep their employees healthy and safe. They also want to operate in a way that garners at least enough income to keep their doors open ...

Arendt & Medernach | April 2020

The government announced that as of 20th April 2020, masks (or alternative face protections) are mandatory when going outside (for authorised reasons only) when the required interpersonal minimum distance of 2 meters cannot be guaranteed. This measure is also applicable in the work environment. On 17th April 2020, a new grand-ducal regulation introducing a series of health and safety measures to fight against Covid-19 entered into force ...

Another week brings another round of COVID-19-related lawsuits. Even after a month, we already can identify some early trends: refund lawsuits and second amendment claims continue to boom. A rise in takings claims may signal another trend, or a recent adverse decision from the Pennsylvania Supreme Court may throw cold water on business owners and citizens’ efforts to be compensated for government-directed impacts ...

Karanovic & Partners | April 2020

As part of a package of economic measures worth EUR 5.1 billion, the Serbian Government adopted a decree on 16 April 2020 establishing a guarantee scheme for loans to be provided by local banks to businesses to reduce the effects of the COVID-19 pandemic (the “COVID-19 Guarantee Scheme”) ...

Dykema | April 2020

The COVID-19 crisis has triggered an unprecedented response of federal and state relief programs to provide health care resources and economic relief. Once the country moves past the immediate crisis, the government will take a hard look at emergency payments. Along with $2 trillion in relief, the CARES Act established a new law enforcement authority within the Treasury Department: the Special Inspector General for Pandemic Recovery (the SIGPR) ...

Heuking | April 2020

Even against the backdrop of the current COVID-19 pandemic (“corona”), cities, municipalities, and municipal associations need to continue to be efficient and, above all, capable of making decisions. This article provides an overview of the problems they are facing and offers some possible solutions.   Problem Numerous scheduled meetings have been canceled and remain suspended until further notice ...

Dinsmore & Shohl LLP | April 2020

What is it? The Paycheck Protection Program (PPP) is a loan program geared toward small businesses dealing with the jarring disruptions caused by the novel coronavirus (COVID-19). It is a part of the larger $2 trillion CARES Act and run through the Small Business Administration. It provides $350 billion in loans to help businesses keep their workforce employed during COVID-19 crisis. Who can apply? The PPP provides loans to business with fewer than 500 employees ...

Dinsmore & Shohl LLP | April 2020

The Supreme Court this past week denied certiorari in United States ex rel. Schneider v. J.P. Morgan Chase Bank, N.A., an appeal from a D.C. Circuit case affirming the district court’s dismissal of a qui tam FCA action. See No. 19-678, 2020 U.S. LEXIS 2079 (Apr. 6, 2020). In so doing, the Court declined to address the emerging circuit split over the extent of the government’s dismissal power in qui tam cases ...

Click here to access the FAQs provided bythe Pennsylvania Department of Health. Beginning Sunday, April 19, 2020, at 8:00 p.m., Pennsylvania businesses that are still permitted to be open will be required to implement certain safety measures under the enforcement of various state agencies and the state police.   The order issued by Department of Health Secretary Dr ...

Ellex Klavins | April 2020

Modus Operandi for a Tenant who has Become a Hostage of Covid-19 Pandemic The pandemic of Covid-19 disease has turned everybody’s life upside down both professionally and personally ...

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