Publications

The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers issued a proposed rule to amend the regulatory definition of “waters of the United States” under the Clean Water Act.

The Internal Revenue Service (IRS) recently issued guidance to individuals on how to claim the deduction for qualified tips and qualified overtime compensation.

On November 19, 2025, the Appellate Division, Second Department reversed the trial court’s denial of defendant’s motion to dismiss claims alleging violations of the FDCPA for lack of standing

In a recent decision, the Northern District of Illinois denied a beauty salon’s motion to dismiss claims under the Trafficking Victims Protection Reauthorization Act, the Trafficking Victims Protection Act of 2000, and various Illinois state law claims.

In First Pay, Inc. v. Dukes, LA Supreme Court potentially raises more questions than it answers.

Federal appellate courts are currently confronting pivotal questions about hazardous substance designations, cultural natural resource damages, and judicial oversight of EPA settlements.

President Trump has nominated Stuart Levenbach to serve as permanent director of the CFPB.

In a recent opinion, the Supreme Court of Ohio clarified that a broad arbitration provision meant that all claims – even tort claims – were arbitrable.

On November 10, 2025, EPA issued a pre-publication version of a proposed rule that would substantially narrow the scope of PFAS reporting obligations under the TSCA.

In a recent case, the Fifth Circuit gave a resounding “no” to the NLRB in its effort to award compensatory damages to individuals who are the victims of unfair trade practices.

In Notice 2025-62, the Internal Revenue Service (IRS) announced on November 5, 2025 that it will provide penalty relief for taxable year 2025 for implementation of new information reporting requirements related to the deductions for qualified tips and qualified overtime compensation.

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. Subscribe here.

A policy for the use of AI in the workplace should, at minimum, address the main concerns for most employers: discrimination and bias risks, confidentiality and intellectual property, and compliance with state and federal law.

In a recent ruling from the Eighth District Court of Appeals in Ohio, the court held that where parties present contradicting affidavits of fact, a trial court may commit reversable error by denying a motion to compel arbitration without first holding a hearing—even if neither party ever requested a hearing at all. Background Ms. CleavengerMore

The Internal Revenue Service (IRS) has issued transitional relief in Notice 2025-57 for businesses that receive interest on specified passenger vehicle loans. The “One Big, Beautiful Bill” allows certain taxpayers to deduct interest paid on a “qualified passenger vehicle” loan for taxable years 2025 through 2028. Businesses that receive from any individual interest of $600More

The Family and Medical Leave Act (FMLA) requires covered employers to provide 12 weeks of unpaid leave to employees for certain qualifying events. Calculating the 12 weeks is simple enough when an employee is out for blocks of time. But what about when an employee takes intermittent leave? This calculation is more difficult, and theMore

The CFPB's recently announced intent to revise its personal financial data rights rules has cast a shadow on the future of open banking regulations in the U.S. Despite the overwhelming ambiguity that exists for banks and fintechs using open banking technology in the U.S. today, rays of stability are emerging.

Nowadays, arbitration agreements are ubiquitous in the consumer finance context; some studies indicate that more than 90% of certain consumer contracts contain mandatory arbitration agreements. Over the years, many states and various government agencies have attempted to curtail or outright ban the use of arbitration agreements with little success. That has not stopped the California State legislature,More

On September 5, 2025, President Trump signed into law H.R. 2808, the Homebuyers Privacy Protection Act.

The United States Court for the District of Massachusetts recently allowed part of a pro se plaintiff’s complaint under, inter alia, the Telephone Consumer Protection Act (TCPA), 47 U.S.C § 227 et seq in Jones v. Safr Technologies, Inc., to proceed beyond the motion to dismiss stage. This decision should caution businesses from trusting theMore

Twenty years ago this summer, Hurricane Katrina forced businesses, property owners, insurers, and courts to grapple with unprecedented questions about coverage, liability, recovery, and preparedness. For those who lived through the loss and rebuilding of homes and businesses, it redefined “community.”

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. 

A federal court in Nevada recently granted a motion to dismiss, reaffirming that an agency relationship between a target defendant and the people actually making the calls is necessary for a plaintiff to sustain a claim for TCPA violations.

On September 8, 2025, the District of Columbia Attorney General filed suit against one of the nation’s largest Bitcoin ATM operators for allegedly scamming District residents.

The CFPB recently published an Advance Notice of Proposed Rulemaking (ANPR) to reconsider four key issues related to its “Personal Financial Data Rights” rules, which were finalized at the end of 2024 but have been mired in controversy ever since. So what exactly does this latest effort mean for the future of open banking regulations in the U.S.?

Recently, the Northern District of Florida certified two classes under the TCPA in a matter regarding alleged telemarketing text messages.

In a recent opinion, the Supreme Court of Ohio definitively held that a creditor does not have an affirmative duty to disclose facts that materially increase risk to a surety—and nor does a surety have a duty to disclose to the creditor.

We previously examined President Donald Trump’s proposal to eliminate the U.S. Department of Education (DOE, or Department) and, in his words, return “education back to the states.” Since that time, two significant developments have unfolded that could bring this proposal closer to reality.

Recently, the American Law Institute adopted a “Special Rule on Vicarious Liability for Sexual Assault” which rejects the notion that employers can never be held liable in tort for their employees’ sexual assaults.

The U.S. Environmental Protection Agency (EPA) has published a sector-wide set of non-regulatory recommendations to strengthen U.S. drinking water and wastewater systems against cyber attacks, alongside new funding for resilience projects.

Susan Fahey Desmond (New Orleans) co-authored an article on recent developments and risk mitigation best practices under Title III of the ADA for the American Bar Association's Business Law Today.

The next episode in McGlinchey’s Deep Dive into Lending series takes a close look at unsecured lending with insights from Aaron Kouhoupt and Adam Maarec. They discuss innovations in loan applications, underwriting, and customer interactions, and then explore the other side of the equation: what today’s consumers expect from lenders and creditors.

Virtually all forms of marine insurance involve elements of vessel ownership, operation, or the transportation of cargo. The contract of marine insurance is, in essence, a contract of indemnity against the risks or perils inherent to the maritime industry and oceangoing commerce.

The Americans with Disabilities Act (ADA) protects the rights of employees with disabilities to request reasonable accommodation that enables them to perform their essential job functions and enjoy the privileges and benefits of employment. Absent an undue hardship, the ADA requires employers to provide these accommodations. According to the Equal Employment Opportunity Commission (EEOC), anMore

McGlinchey’s Employment Pulse newsletter showcases thought leadership from our team of experienced labor and employment attorneys to provide timely insights that help employers stay competitive, meet regulatory requirements, and tackle evolving workplace challenges. 

In this next installment of our Deep Dives into Lending series, McGlinchey attorneys Aaron Kouhoupt, Jim Sandy, and Robert Savoie will examine the latest developments shaping the space, with an eye toward both compliance and litigation trends in this interactive webinar.

On July 1, 2025, Florida’s Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act took effect, ushering in substantial changes to the state’s non-compete law under Florida Statute § 542.335.

The U.S. Department of Justice (DOJ) has expanded the Corporate Whistleblower Awards Pilot Program (CWAPP) to include corporate immigration violations, thereby incentivizing whistleblowers to report such violations. What is the CWAPP? Through the pilot program’s expansion, the DOJ expands its scrutiny to corporate compliance with federal immigration laws. The program was initially launched on AugustMore

On July 4, 2024, President Trump signed the “Big Beautiful Bill” which contains two provisions that provide federal income tax deductions on both tips and overtime compensation beginning January 1, 2025 through December 31, 2028. 

Hear from Aaron Kouhoupt (Cleveland), McGlinchey’s Chief Privacy Officer and a Member of our Financial Institutions Compliance Team, as he discusses this fascinating and vibrant subject matter while giving you a breakdown of the content you can expect in the coming weeks.

On July 30, the 9th Circuit Court of Appeals settled a long-standing debate between federal contractors and journalists when it ruled on Center for Investigative Reporting v. United States Department of Labor.

On June 27, 2025, a new enforcement directive from the U.S. Department of Labor (DOL)’s Wage and Hour Division (WHD) took effect, formally eliminating the agency’s policy of seeking the payment of liquidated damages in any administrative matter conducted under the Fair Labor Standards Act (FLSA).

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.

The Appellate Division, Second Department declined to apply FAPA to a mortgage foreclosure commenced prior to FAPA’s enactment, pursuant to the doctrine of judicial estoppel.

The Southern District of New York dismissed an action under the Fair Credit Reporting Act (FCRA), finding that there was no private right of action under section 1681s-2(a) for purportedly inaccurate reporting by a furnisher. Background In Wendy Marie Drews v. Goldollar Real Estate Investments, et al. (S.D.N.Y., July 28, 2025, No. 24-CV-6697 (LLS)) 2025More

In Barnett v. American Express National Bank, 24-CA-60391 (5th Cir. 7/29/2025), the U.S. Fifth Circuit reaffirmed that a waiver of the right to arbitrate by “substantially invoking the judicial process” requires a showing that the party litigates a “specific claim” the party subsequently seeks to arbitrate. That claims have the same operative facts is insufficient.More

The CFPB’s open banking rules, issued under Section 1033 of the Dodd-Frank Act, have been the subject of ongoing litigation since their finalization late last year.

Member Adam Maarec (Washington, DC) authored an article on the application of consumer privacy laws in open banking, which will appear in the October issue of The Review of Banking & Financial Services.

Following the Supreme Court’s decision in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp., district courts have begun to respond by declining to follow the FCC’s interpretation of the TCPA.

The highly compensated employee (HCE) exemption under the Fair Labor Standards Act (FLSA) is one of the most complex exemptions in employment law.

In a significant victory for environmental advocacy groups, the Supreme Court's refusal on June 30, 2025 to grant certiorari in two pivotal cases is widely expected to embolden and increase the prevalence of citizen suits under federal environmental statutes.

The U.S. Environmental Protection Agency (EPA) has officially extended key compliance deadlines for air toxics standards affecting steel-sector coke oven operations, reflecting industry concerns about the feasibility of implementing the Biden-era rules within the original timeline.

Member Adam Maarec (Washington, DC) authored an article in The Financial Brand, "What Banks Must Do While 1033 Open Banking Rules Hang in Legal Limbo," published on July 10, 2025.

The Internal Revenue Service has reached a settlement, subject to court approval, that would permit political speech in houses of worship.

In a significant move, on June 27, 2025 the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued an order granting banks and their subsidiaries an exemption from the Customer Identification Program (CIP) Rule of the U.S.A. PATRIOT Act.

A district court in Illinois has ruled that an amendment to the Illinois Biometric Information Privacy Act (BIPA) regarding a limitation on damages does not apply retroactively.

On June 23, 2025, U.S. District Judge Dale S. Fischer of the Central District of California sentenced a former Chairman and CEO of a behavioral healthcare company to 42 months in federal prison.

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.

The District of Rhode Island dismissed pro se plaintiffs’ claims against R.I. Housing for alleged violations of RESPA.

In a case of first impression, the Fifth Circuit joined the First, Seventh, Ninth, and Tenth Circuits in affirming a decision that a consumer may not use the FCRA to  “collaterally attack” the legal validity of a debt through an FCRA reinvestigation claim when the reported information was factually accurate.

The Northern District of New York recently granted a motion to dismiss a putative class action on the grounds that the defendant honored the named class representative’s request to opt out of text messages within a reasonable time under the TCPA.

A forum-selection clause cannot strip a court of jurisdiction conferred by statute. Thus, courts must rule on a pending motion to compel arbitration if there is no dispute as to the court’s jurisdiction over the claim.

On June 18th, the U.S. Supreme Court issued two rulings determining where challenges to Environmental Protection Agency (EPA) actions under the Clean Air Act must be filed.

Following in the wake of last years’ Loper Bright and Relentless, Inc. decisions that ended agency deference, the Supreme Court ruled on Friday in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp. that the Hobbs Act likewise does not bind district courts to an agency’s order regarding the meaning of a statute.

In discrimination claims, one of the first questions a court asks is whether an individual is in a protected class under anti-discrimination laws. According to the United States Supreme Court, a member of 'the majority' can also be a victim of discrimination.

The new policy aims to provide companies with greater certainty and strong incentives for voluntarily disclosing misconduct, cooperating with investigations, and implementing effective remediation.

Sandy Shatz (Irvine) and Paul Lysobey (Cleveland) co-authored an article on state privacy laws in the American Bar Association’s (ABA) Business Law Section’s The Business Lawyer, Volume 80, Issue 2, Spring 2025.

Robert Savoie and Rachael Aspery (Cleveland) co-authored an article on the regulatory scrutiny that FinTech companies face in the ABA Business Law Section’s The Business Lawyer, Volume 80, Issue 2, Spring 2025.

In a unanimous opinion, the Ohio Supreme Court held that a trial court is not required to first hold an oral hearing on a motion to compel arbitration under Ohio’s Arbitration Act if no party requests a hearing. 

In a landmark ruling issued May 29, 2025, the U.S. Supreme Court sharply limited the scope of environmental review under the NEPA. This ruling represents a significant judicial recalibration, restoring deference to federal agencies and clarifying that NEPA does not require consideration of remote or indirect environmental effects.

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.

Louisiana’s Direct Action Statute was recently amended to remove the right of an injured person or, if deceased, the statutory beneficiaries, to bring a direct action claim against a tortfeasor’s insurer, except in certain, narrow exceptions. Significant litigation has ensued regarding whether the amendment can be applied retroactively when a plaintiff has filed suit before the amendment’s effective date.

The increasing volume of litigation involving Poly- and Perfluoroalkyl Substances (PFAS) presents substantial financial and operational uncertainties for the insurance sector.

The Third Circuit Court of Appeals recently affirmed the district court’s decision to dismiss a putative class action against a collection company on the grounds that the plaintiff lacked standing to sue under the FDCPA.

A federal Judge recently granted the motions of several public entities to dismiss the amended complaint of a pro se plaintiff who brought claims under, among other civil and criminal statutes, the FDCPA.

This decision surrounds the case of Alisha Strife v. Aldine Independent School District, in which the plaintiff, a U.S. Army veteran employed in the school district’s Human Resources department, requested an accommodation for various disabilities, including post-traumatic stress disorder (PTSD), to bring her service dog to work.

On May 16, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a significant ruling in a longstanding dispute between the Texas Commission on Environmental Quality (TCEQ) and the U.S. Environmental Protection Agency (EPA) over sulfur dioxide emissions compliance.

On May 12, 2025, the U.S. Court of Appeals for the Sixth Circuit issued a pivotal decision addressing the timing of contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund.

On May 8, 2025, the governor of Montana signed into law SB 297, which amends the Montana Consumer Data Privacy Act (MCDPA).

On May 1, 2025, the American Arbitration Association’s (AAA) new amendments to the Consumer Arbitration Rules officially went into effect. While not a complete overhaul, the revisions impact many of the existing rules while also adding numerous new provisions.

In a recent case, the United States District Court for the District of Connecticut granted a motion to dismiss, finding that the Defendant had no obligation to provide disclosures under the Truth in Lending Act during a loan pre-approval process.

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.

On April 29, 2025, the U.S. Supreme Court heard oral arguments in Labcorp v. Davis et al to determine whether certification is appropriate in a class action when certain class members may have not suffered a cognizable injury under Article III of the U.S. Constitution.

Open banking has been lauded by many as an accelerant for innovation in financial services. But a lawsuit is challenging the new rules of the road for open banking and has thrown ice on the prospect of a regulated market.

Plaintiff brought action in the United States District Court for the Northern District of Georgia after being terminated by Defendant without receiving pre-adverse notice, in violation of the Fair Credit Reporting Act (FCRA).

On March 31, 2025, the Western District of New York dismissed a pro se plaintiff’s Truth-in-Lending Act (TILA) claim as being time-barred.

The legal profession has long upheld a duty to maintain ethical integrity, ensuring that attorneys act within the boundaries of professional responsibility while zealously representing their clients.

A federal Judge for the United States District Court for the District of Arizona recently granted in part and denied in part a consumer reporting agency’s motion for summary judgment, with respect to claims raised by the plaintiff under the FCRA.

This short note focuses on the #1 reason to register your trademark, namely, acquiring a Certificate of Registration on the Principal Register.

In a case that has profound implications for the regulated community, particularly in the realms of environmental justice, civil rights, and land use planning, the U.S. Fifth Circuit Court of Appeals has permitted plaintiffs to move forward in a claim that land use policies and industrial siting decisions adversely affected the minority community.

The U.S. 5th Circuit Court of Appeals gave a big win to the EPA when it upheld a Biden-era ozone ruling affecting Louisiana and Texas, but there was also a set-back for the EPA when the Court both upheld the ability of such cases to be brought outside the D.C. Circuit, and reversed the EPA’s rejection of a Mississippi air quality plan.

In an unprecedented move, the Trump administration established an electronic mailbox to allow the regulated community to request a Presidential Exemption to certain requirements of the Clean Air Act (CAA).

In a lengthy decision that highlighted the CFPB’s very public efforts to dismantle the CFPB from within, the District Court for the District of Columbia granted a motion for preliminary injunction designed to preserve the CFPB pending litigation on the merits with the National Treasury Employees Union (NTEU). The Government has already appealed, seeking an emergency stay of the district court’s order.

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.

One of Donald Trump’s most controversial campaign promises was his proposal to eliminate the U.S. Department of Education (Department) and, in his words, send “education back to the states.”

The Ninth Circuit Court of Appeals affirmed a district court’s decision to deny the plaintiff’s motion to compel arbitration, finding that the plaintiff was not an “aggrieved” party within the meaning of the FAA because the defendant did not refuse to arbitrate.

Recently, the District Court in the District of Colombia rejected a company’s attempt to preliminary enjoin more than 1,000 customers from proceeding to arbitrate claims in California.

On March 11, 2025, the New York County Civil Court issued an injunction under the NYFCRA barring a landlord from reporting to the credit reporting agencies the withheld rent payments, notwithstanding the court’s lack of jurisdiction to award injunctive relief.

Right on schedule, on March 21, 2025, FinCEN issued an Interim Final Rule that exempts U.S. companies and persons from the requirement to report, modify, or correct beneficial ownership information (BOI) under the Corporate Transparency Act (CTA).