Publications

On May 8, 2023, Governor Wes Moore of Maryland signed HB 913 into law, creating the Student Financing Act (the Act). Under the Act, “student financing” is defined as an extension of credit to a consumer that is (1) not made, insured, or guaranteed under Title IV of the federal Higher Education Act of 1965, (2) extended to a consumer expressly, in whole or in part, for postsecondary education expenses, regardless of whether it is provided by the institution that the consumer attends, and (3) not a loan secured by real property or a dwelling.

Beginning July 1, 2023, the Colorado Privacy Act and the Connecticut Personal Data Privacy and Online Monitoring Act will take effect. Following California (in 2020) and Virginia (earlier this year), four states now have enacted and implemented some version of a comprehensive privacy law.

In response to the recent bank failures, on May 1, 2023, the Federal Deposit Insurance Corporation (FDIC) released a report titled “Options for Deposit Insurance Reform” (Report). The Report provides a comprehensive overview and discusses options to reform the financial stability concerns with the deposit insurance system. As stated in the Report, the leading public policy objectives of deposit insurance are to promote financial stability and protect depositors from loss. In a statement issued along with the Report, FDIC Chairman Martin J. Gruenberg stated that the Report “is an effort to place these recent developments in the context of the history, evolution, and purpose of deposit insurance since the FDIC was created in 1933.” Chairman Gruenberg also expressed his view that the Report serves as a starting point for consideration of the issues surrounding deposit insurance.

On April 26, 2023, the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC), (collectively “Agencies”) each individually released supervisory guidance to ensure that each respective Agencies’ supervised institutions are aware of the consumer compliance risks associated with assessing overdraft fees on a transaction that was authorized against a positive balance but settled against a negative balance (APSN). Both sets of guidance expand on previously issued guidance by each respective agency.

On May 25, 2023, the United States Supreme Court significantly curtailed the federal government's authority to regulate wetland begins.

The U.S. Environmental Protection Agency (EPA) says it has taken its first-ever Clean Water Act (CWA) enforcement action against water pollution by so-called “forever chemicals” from a West Virginia chemical plant. On April 26, 2023, EPA Ordered Chemours Co., owner of Washington Works near Parkersburg, West Virginia, to take action aimed at reducing the levels of perfluoroalkyl and polyfluoroalkyl substances (PFAS) the facility discharges into the Ohio River.

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

In a unanimous decision, the Supreme Court held in Tyler v. Hennepin County that a county’s process of retaining the equity in a homeowner’s property constitutes a violation of the Takings Clause of the Fifth Amendment. This decision has important repercussions for not only homeowners but lienholders and loan servicers as well.

On April 3, the Consumer Financial Protection Bureau published a policy statement on abusive practices. As readers know, the bureau has authority to supervise and enforce acts and practices that are unfair, deceptive or abusive in the consumer financial service industry.

On February 22, 2023, the U.S. District Court for the Southern District of New York in Rider v. Uphold HQ Inc. held that cryptocurrencies constitute "funds" under the Electronic Fund Transfer Act. The plaintiff brought one federal cause of action under the EFTA and eight state law claims.

The use of medical marijuana, which has been permitted for decades in some states, is not protected under the Americans with Disabilities Act.  As a result, even in states which legally permit its use, employers are free to terminate employees who use medical marijuana without fear of violating federal discrimination laws.  

Baton Rouge Member R. Marshall Grodner addressed moral and ethical dilemmas in the transactional context in an article for The Abstract, a biannual publication from the American College of Mortgage Attorneys (ACMA).

In Ward v. NPAS, Inc., 63 F.4th 576 (6th Cir. 2023), Plaintiff Ward did not pay as agreed for medical services, and the medical center sent his unpaid bills to a third-party collector, NPAS, Inc. (NPAS).

On April 14, 2023, the Federal Housing Finance Agency (FHFA) issued a Notice of Regulatory Review (Review Notice) as part of its Regulatory Review Plan (Review Plan) and is requesting comment on how FHFA rules and regulations could be made more effective and less burdensome. The comment deadline is June 13, 2023.

The FDIC has released its Consumer Compliance Supervisory Highlights for 2022, covering the 3,000+ state-chartered banks and thrifts the FDIC supervises, most of which are community banks that provide credit and services locally. The FDIC evaluates these “supervised institutions” for compliance with consumer protection, anti-discrimination, and community reinvestment laws, with a focus on laws and regulations that represent the greatest potential for consumer harm.

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

On March 17, 2023, in honor of Fair Housing Month, the U.S. Department of Housing and Urban Development announced it would reinstate the 2013 discriminatory effects rule under the Fair Housing Act.

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

One area where uncertainty abounds in the insurance field is in connection with the marijuana, or cannabis, industry. The increasing number of states legalizing marijuana for both recreational and medical use raises critical questions regarding if and how insurance coverage should be made available with respect to auto or other general property and casualty insurance claims involving damages or injuries that occur when a person is under the influence of marijuana.

The food and beverage industry faces a growing concern regarding per- and polyfluoroalkyl substances (PFAS), a group of synthetic chemicals that studies have shown may demonstrate adverse effects to health and the environment. As enforcement and litigation increase, these industries must understand the potential impacts to their businesses. This is especially true as PFAS are scheduled to become a “Hazardous Substance” under CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) in August of 2023.

On March 6, 2023, the California Department of Financial Protection and Innovation (“DFPI”) issued a notice of second modifications to proposed regulations under the Student Loan Servicing Act (“Act”) (“Amendment”). Previously, in September 2022, DFPI issued proposed rules to provide additional detail and clarity to the Student Loans: Borrower Rights law, which became effective January 1, 2021. The Amendment provides additional clarity in the relevant definitions and regarding the borrower’s rights with respect to electronic payment cutoff times, and also technical reporting requirements.

On March 8, 2023, the Department of Housing and Urban Development (“HUD”) published a final rule allowing mortgagees to modify a Federal Housing Administration (“FHA”) insured mortgage by recasting the total unpaid loan for a new term limit of up to 480 months—up from the previous limit of 360 months—to cure a borrower’s default. The effective date of the final rule is May 8, 2023.

On February 10, 2023, Illinois State Senator Laura Ellman introduced SB2234, also referred to as the “Small Business Truth in Lending Act” (Act), in the Illinois House of Representatives.

PFAS are dominating the environmental health news cycles by the destruction and irreparable harm they cause to people and the environment. These substances have been found to pose significant health risks, including cancer, thyroid disease, and immune system disorders.

With an increasing number of states passing laws to protect employees who utilize marijuana off-duty, employers throughout the country are presently tasked with redesigning their marijuana-related policies and practices to avoid the risk of suffering discrimination, retaliation, and other claims for wrongfully taking adverse action against an employee for their marijuana legal use.

Continuing its aggressive push of investigating and regulating so-called junk fees charged by banks and financial companies, the CFPB recently issued a special edition of its Supervisory Highlights, which outlines such fees it uncovered in various industries, including auto servicing.

Join McGlinchey Members Aaron Kouhoupt, David Tallman, and David Thompson to recap the McGlinchey Deep Dive into Privacy Series. They will be taking questions during this free session for all McGlinchey clients.

On March 3, 2023, the U.S. Environmental Protection Agency (EPA) issued a memorandum to help improve the cybersecurity posture guarding the nation’s water filtration systems. The guidelines, developed with input from industry experts and various government agencies, provide recommendations for utilities to improve their security and reduce the risk of cyber-attacks. These guidelines indicate that the EPA will aggressively enforce stringent cybersecurity standards in the future.

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

Today, nearly four-fifths of the United States have regulated medical marijuana markets. Nearly half of the United States, consisting of twenty-one states along with Washington, D.C. and Guam, have acted to legalize recreational adult-use marijuana. However, the possession, distribution, and sale of marijuana remains illegal under federal law, which means any contact with money that can be traced back to state-legal marijuana operations could still be considered money laundering and expose a bank to significant legal, operational, and regulatory risk.

In early March 2023, the Consumer Financial Protection Bureau (CFPB) issued a special edition of its Supervisory Highlights that focused exclusively on “junk fees” uncovered in various supervisory examinations in various industries, including mortgage servicing. This continued focus on junk fees is unsurprising given the priorities of the Biden Administration to curb the use of fees charged to consumers for goods and services.

The recent collapse of two large regional banks, and the expedited sale of Credit Suisse due to similar challenges, have left many in the financial services industry uncertain about the future. What should we understand about what happened and what it might mean for the future of finance?

In a ruling that could have far-reaching implications, the National Labor Relations Board (NLRB) has determined that non-disparagement and confidentiality provisions in releases related to severance agreements or settlements violate the National Labor Relations Act (NLRA) if they require workers to waive rights such as their ability to discuss the financial terms of their separation, or even how they were treated by the company.

On March 14, 2023, the U.S. Environmental Protection Agency (EPA) proposed the first national drinking water standard for so-called “forever chemicals” including PFAS. The unprecedented move by EPA is likely to create an exponential increase in litigation.

When an entity shares data outside of its organization, the following questions often arise: Does the FCRA or GLBA (or both) apply to the specific type of data sharing? And how do these laws impact my company’s financial privacy notice? The answer to these questions comes down to the relationship between the Gramm-Leach-Bliley Act (GLBA,More

Recently an individual employed by Trulieve Inc., who was responsible for grinding and handling cannabis at Trulieve’s cultivation site in Massachusetts, died due to asthma-related complications following exposure to “occupational quantities of whole and ground cannabis,” according to an Occupational Safety and Health Administration (OSHA) hazard letter issued in June 2022.  Under a settlement agreement with OSHA, Trulieve agreed to study the potential hazards of ground marijuana dust.

On February 3, 2023, an Illinois federal judge dismissed with prejudice Bureau of Consumer Financial Protection v. Townstone Financial Inc. et al., the Consumer Financial Protection Bureau’s redlining case against a non-bank mortgage lender.

The next installment in McGlinchey’s Deep Dive Series covering all things privacy is a webinar featuring attorneys from McGlinchey’s Financial Institutions Compliance team.

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

As Ohio’s medicinal marijuana industry grows and the public’s attitude towards marijuana continues to improve, various organizations and lawmakers have begun to lay the groundwork to – at long last – legalize adult use cannabis in Ohio in 2023. 

Today, the Supreme Court of the United States granted the petitions for writs of certiorari filed in CFPB et. al. v. Com. Fin. Services Assn., where a panel of the United States Court of Appeals for the Fifth Circuit ruled that the Consumer Financial Protection Bureau (CFPB)’s funding mechanism is unconstitutional, and ultimately invalidated the payday lending rule at issue in that case. The Community Financial Services case is the latest in a long line of challenges to the Bureau itself that could have a wide ranging impact on businesses and entities subject to the CFPB’s authority.  

With affirmative action on the ropes, an upcoming Supreme Court decision likely will have ripple effects on private employers’ diversity programs.  

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

The Washington State Liquor and Cannabis Board (WSLCB) will open the application period for Social Equity marijuana retail licenses on March 1, 2023. The application period will close on March 30, 2023. More than 40 marijuana retail licenses that were forfeited, canceled, revoked, or never issued will be made available to social equity applicants in specific jurisdictions across the state.

Continuing its trend of aggressive oversight over financial institutions, the CFPB has recently announced proposals to create two publicly accessible databases that, it says, will highlight alleged bad actors, identify systemic unfair and deceptive acts and practices (UDAAP), and increase market transparency and regulatory oversight. This article provides an overview of each proposed registry alongMore

An interesting and precedent-setting ruling just came down from the U.S. Patent and Trademark Office (USPTO) Trial and Appeal Board in favor of Lizzo and her class #25 trademark filing for the clothing brand application in ‘100% that B-tch.’

Discussing current cases, exchanging war stories, or recounting past experiences on a listserv can have ethical ramifications.

In the age of big data, it's more important than ever to understand your obligations relating to your customers’ private information. Information can be utilized by bad actors in a variety of ways that can be harmful to both you and your consumers.

The IRS is proposing a new voluntary program, referred to as the Service Industry Tip Compliance Agreement (SITCA) program, for employers in service industries to avoid paying the employer’s share of FICA tax on unreported employee tips.

MedMen – a Canadian corporation, and one of the best-known names in marijuana – recently made headlines for pulling an old trick: attempting to avoid making nearly $1,000,000 of lease payments based on marijuana’s illegal status under federal law.

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

The next installment in McGlinchey’s Deep Dive Series covering all things privacy is a webinar featuring attorneys from McGlinchey’s Financial Institutions Compliance team. 

On January 17, 2023, the Financial Crimes Enforcement Network (“FinCEN”) published a notice inviting comment on the Beneficial Ownership Information Reporting Requirements final rule (“Final BOI Reporting Rule”) that was published on September 30, 2022. Interested parties are invited and welcome to submit comments on or before March 20, 2023.

On January 3, 2023, the Board of Governors of the Federal Reserve System (“Federal Reserve”), the Federal Deposit Insurance Corporation (“FDIC”), and the Office of the Comptroller of the Currency (“OCC”) (collectively “the Agencies”) issued a joint statement on the risks of crypto-assets to banking organizations. The statement came after a year of twists and turns for the cryptocurrency industry. The Agencies highlighted the “significant volatility and the exposure of vulnerabilities in the crypto-asset sector.”

If you work for a cannabis business, then bankruptcy relief may not be available to you, according to the In re Blumsack decision out of the U.S. Bankruptcy Court for the District of Massachusetts.

The Federal Trade Commission (FTC) has issued a new Health Products Compliance Guidance document to provide guidance to businesses on how to ensure that claims about the benefits and safety of health-related products are truthful, not misleading, and supported by science.

With an increasing number of states passing laws protecting employees who utilize marijuana, employers throughout the country are presently tasked with redesigning their marijuana-related policies and practices to avoid the (significantly increased) risk of suffering discrimination, retaliation, and other costly claims. With many relevant state laws going into effect throughout the next twelve months, the clock is ticking.

The world of cybersecurity and privacy have grown exponentially in recent years, both on the federal and state level. A pandemic-driven shift to remote has increased social media interaction, and electronic communication with state and federal governments increasingly focused on big data and the use and sharing of consumer information.

Last year, the IRS revised the question regarding digital assets that appears at the top of 2022 income tax returns in order to update terminology. Now, in IR-2023-12, the IRS has provided guidance on how to answer that question.

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

A pair of bills has been filed with the Texas Legislature that would amend the Texas Constitution (which is where the home equity lending statute is located) to allow home equity loan borrowers to close a home equity loan at a remote location using online notarization.

For many in the insurance industry, 2022 was a year of growth, a year dedicated to gaining traction after the residual effects of 2020. As we enter 2023, we reflect beyond the macro dynamics of other markets, in hopes of forecasting what is to come for the insurance industry.

The Board of Governors of the FRB released the final regulation, Regulation ZZ, to facilitate the transition away from the use of LIBOR as an index for variable rate loans due to LIBOR’s scheduled sunset on June 30, 2023.

On January 5, the FTC followed up on President Biden’s July 9, 2021 Executive Order requesting a broad ban on employer non-compete agreements. The proposed rule, based on the proposition that such agreements violate the FTC Act as an unfair competition method, would constitute a total ban on nearly all non-compete agreements.

As 2022 comes to a close, what better time to revisit our most popular insights of the last year? Our most-read pieces of 2022 appearing on JD Supra focused on decentralized finance, virtual currency, and cryptocurrency, mortgage foreclosures, and developments in cannabis law.

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

David W. Thompson, Gregg Stevens, Joseph Apatov, and Sanford P. Shatz co-authored an article on "Gross v. CitiMortgage: An Expansion of the Duty to Investigate Under the FCRA" in the Conference on Consumer Finance Law (CCFL) Consumer Finance Law Quarterly Report, Vol. 75, No. 4.

The California Department of Financial Protection and Innovation (DFPI) has released the Translated Notice to Cosigner on its website, in anticipation of a January 1, 2023 effective date for its cosigner notice amendment.

Often we hear of companies dismissing the need for a title search prior to entering into a commercial lease of real property. While there may be different reasons, beyond simply the cost, why a prospective tenant may choose to forego a title search; however, no matter what the reason, not undertaking a title search comes with serious risks, even when the transaction is a lease rather than a purchase.

In Community Financial Services Association of America Ltd. (CFSA) v. Consumer Financial Protection Bureau (CFPB), the Fifth Circuit held that the CFPB’s independent funding mechanism is unconstitutional and, thus, vacated its payday lending rule.

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

Tax season is nearly upon us. As cannabis businesses and the professionals who advise them can expect, navigating the variations and even direct conflicts that exist between and among the state and federal authorities that govern a cannabis business’s respective tax filings can be treacherous.

In late October, the Alabama Medical Cannabis Commission (AMCC) sent comprehensive License Application Forms to more than six hundred medical marijuana industry hopefuls throughout the state. The deadline to apply for one of Alabama’s 12 cultivator, four processor, four dispensary, five “integrated facility,” secure transporter, and state testing laboratory licenses is December 30, 2022.

The regulatory framework for cryptocurrency and DeFi in general is still a little murky. That hasn't stopped regulatory bodies from bringing enforcement actions against players in this space. What's on the horizon when it comes to investigation and enforcement activity in the decentralized finance space?

Buried deep in the Louisiana Code of Civil Procedure is a little-known law which gives creditors the right to seek wage garnishments from a borrower’s employer if the borrower fails to satisfy a loan obligation. In a recent case, after failing to respond timely (within 15 days) to garnishment interrogatories from an employee’s creditor and failing to appear at a hearing, an employer was held responsible for the full amount of a judgment rendered against its employee.

The Federal Trade Commission (FTC) has announced that the effective date for the new substantive information security requirements in the revised Safeguard Rule has been extended from December 9, 2022 to June 9, 2023.

Talk of bitcoin and cryptocurrency has been unavoidable in recent years. What should Louisiana businesses understand to play in this new sandbox?

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

The collapse of cryptocurrency exchange FTX has been widely reported across the world. One interesting exception to the fallout involves U.S. customers. We’ve received questions regarding whether there could be a regulatory reason for the different treatment between U.S. customers versus customers in other jurisdictions.

Effective January 1, 2023, all California vehicle owners will be able to display a digital license plate in lieu of a traditional, state-issued license plate. Assembly Bill 984—approved by the governor on September 29, 2022—effectively ends California’s multi-year pilot program, which capped digital license plates at roughly one-half of one percent of the state’s motor vehicles. California will join Arizona, Colorado, Georgia, and Michigan as states that have approved digital license plates for widespread use among the motoring public.

On September 29, 2022, the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a final rule that establishes a beneficial ownership information (BOI) reporting requirement that will require reporting companies to report information about their respective beneficial owners to FinCEN, effective January 1, 2024. This reporting requirement will be in addition to the current state level requirements for submission of entity formation information.

On October 11, 2022, the Financial Crimes Enforcement Network (“FinCEN”) and the Office of Foreign Assets Control (“OFAC”) acted in parallel to issue the first joint action in the cryptocurrency market against Bittrex. Bittrex was a convertible virtual currency (“CVC”) platform with offices primarily in Washington State and was licensed as a money services business (“MSB”) with FinCEN. As a licensed MSB, Bittrex was required to develop, implement, and maintain an effective anti-money laundering (AML) program that was reasonably designed to prevent money laundering and the potential financing of terrorist activities.

We often look to the federal judiciary as the gold standard of American jurisprudence. However, when it comes to the rapidly evolving cannabis industry, the federal judiciary has been anything but consistent.

The final installment in McGlinchey’s Deep Dive Series covering all things decentralized finance (DeFi) is a clients only webinar featuring attorneys from McGlinchey’s Financial Institutions Compliance team. 

You may have heard things about cryptocurrencies and decentralized finance. How are these developments going to impact areas that range from insurance to employment to litigation?

California Attorney General Rob Bonta has never minced words in expressing his position that consumers should be protected from guaranteed asset protection (GAP) waivers. This trend continued with his sponsorship of AB 2311, authored by California State Assemblyman Brian Maienschein.

On August 15, 2022, the California governor signed SB 633, which expands the obligation of creditors to provide a cosigner notice when obtaining more than one person’s signature on a consumer credit contract. For purposes of this law, a consumer credit contract includes, among other things, retail installment contracts, loans, or other extensions of credit.

In his announcement, the President stated that thousands of people with prior federal convictions could be denied housing, education, or employment. His statement is technically true – there are about 6,500 individuals who have been convicted of federal offenses for simple marijuana possession since 1992. The bigger issue is state convictions, as marijuana offenses overwhelmingly occur at the state level.

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

Cryptocurrency has gained in popularity and many finance companies have begun offering digital loyalty points and rewards. This sounds appealing until it's time to figure out how and when digital currency may be taxed.

The Inflation Reduction Act of 2022 has reinstated the Hazardous Substance Superfund Financing Rate at 16.4 cents per barrel on crude oil and petroleum products. Should chemical distributors care? The general answer is yes. This article provides background on the reinstated rate and how chemical distributors will be affected by its reinstatement, effective January 1. 2023.

Over the past twenty years, Louisiana has been hit by numerous natural disasters, each of which bring a new wave of unlicensed and unqualified home improvement contractors to the state. During the 2022 legislative session, the Louisiana Legislature passed two broad acts aimed at regulating home improvement contractors.

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

The market for digital assets has exploded in recent years. Digital and virtual currency activities provide great opportunities financially and technologically. However, such currencies can be utilized for illicit activity through exchanges, peer-to-peer exchangers, mixers, and darknet markets, which increase the risk of money laundering and terrorist financing. Financial institutions and other industry players haveMore

Beginning October 1, 2022, in lieu of the traditional metal license plate issued by the Georgia Department of Revenue (“Department”), motor vehicle owners may display a digital license plate provided by a state-approved digital license plate provider. The final rule, effective October 1, 2022, was published in June. Georgia is the fifth state to approve digital license plates, following Arizona, California, Colorado, and Michigan. (Earlier this year, Texas approved such plates for commercial fleets of twenty-five or more vehicles, but it has not yet approved them in non-commercial applications.)

On September 15, 2022, the U.S. Court of Appeals for the Second Circuit ruled in Cantero v. Bank of Am. that the National Bank Act (NBA) preempts a New York law requiring mortgage lenders to pay interest on mortgage escrow accounts as it relates to national banks. This ruling creates a circuit split on the issue of NBA preemption of state laws requiring payment of interest-on-escrow accounts.

On August 31, 2022, the Federal Housing Finance Agency (FHFA) announced that the agency will conduct a comprehensive review of the Federal Home Loan Bank (FHLBank) System starting in the fall of 2022. As part of the agency’s review, FHFA is seeking feedback from the public on the efficacy of FHLBanks. In particular, FHFA is seeking feedback from the public in six areas:

On August 24, 2022, the U.S. Court of Appeals for the Third Circuit held that the plain text of the Fair Credit Reporting Act (FCRA) operates as a waiver of sovereign immunity, widening the circuit split on this issue.

The trend to legalize the medical and recreational use of marijuana continues to blaze through the states, but federal law — and bankruptcy courts by extension — have not yet followed suit.