Publications

It is a relentless battle to protect your data from hackers, fraudsters and even nation-states that commit cyberattacks against the financial services sector. Legal requirements for data security come from a variety of places, including the Gramm-Leach-Bliley Act’s Safeguards Rule, examination requirements, payment network rules and contract requirements. We have seen data security enforcement actions by the Federal Trade Commission (FTC) for many years.

On Wednesday September 7, 2022, acting Comptroller of the Currency Michael J. Hsu gave remarks in New York City at the Clearing House + Bank Policy Institute Annual Conference. Hsu’s remarks were focused on measures the OCC is taking to build stronger trust among consumers in the banking system.

On July 26, 2022, the Office of the Comptroller of the Currency (OCC) issued an update to its 2013 policy statement on minority depository institutions (MDIs). Changes to the policy statement include: (i) clarifying the definition of an MDI, (ii) describing how an MDI may be formed de novo or by designating an existing bank as an MDI, and (iii) providing examples of support to MDIs. The updated policy statement streamlines descriptions of the OCC’s policies, procedures, and programs relative to MDIs.

Gregg Stevens (Dallas) and Greg DeVries (Houston) authored an update on FCRA Litigation for the Texas Bar CLE’s 18th Annual Course on Advanced Consumer & Commercial Law.

A “dragnet” clause—a/k/a “cross-collateralization” clause—states that collateral pledged to secure a borrower’s obligations also secures the borrower’s different obligations to the same lender.

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.

Under current California law, cannabis licensees are not permitted to “transport or distribute, or cause to be transported or distributed, cannabis or cannabis products outside the state, unless authorized by federal law.” 

Many states have laws that provide “super liens” to facilities that tow, repair, and store vehicles. Georgia’s current abandoned motor vehicle statute is an example of how these statutes can put the secured party financing source’s lien in jeopardy.

While student loan debt forgiveness may be excludible from income for federal income tax purposes, some states do not exclude such debt forgiveness from income for state income tax purposes. This means the borrower may have to pay state income tax on the forgiven student loan debt.

Big changes are coming to the UCC, the Uniform Commercial Code, with regard to cryptocurrency and other digital assets. What will that mean to business trans

Perhaps the most challenging (and intimidating) part of Decentralized Finance is understanding all the terms and industry jargon—many of which are new and technical while others are as old as time but commonly misunderstood.

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. We’re pleased to expand our Commercial Law Bulletin from its previous coverage of Ohio case law to include additional areas in McGlinchey’s footprint.

The Fair Credit Reporting Act (FCRA) 15 USC 1681 et. seq. requires furnishers of information to report the information accurately. Recently, several payment rating/account status cases have been filed and litigated where the Plaintiff’s bar contends the industry’s reporting of account information is misleading and violates the FCRA. However, on August 8, 2022, the U.S. Court of Appeals for the Third Circuit outlined how district courts within the Circuit must analyze credit reports when determining whether an individual tradeline is inaccurate or misleading under the FCRA. This analysis may prove to be the first nail in the coffin of the so-called “payment rating” cases which began in 2015.

On July 26, 2022, the Office of the Comptroller of the Currency (OCC) issued an update to its 2013 policy statement on minority depository institutions (MDIs). Acting Comptroller Michael J. Hsu noted as follows concerning the reason for updating the policy: “MDIs are on the frontlines serving low-income, minority, rural and other underserved communities. They are a critical source of credit to support the financial needs and economic vitality of their communities. The OCC has a long history of recognizing the value of these institutions, and we will continue our efforts to ensure they remain a bedrock of financial access and inclusion.”

Effective August 10, 2022, the owner of a Colorado registered vehicle may display a “digital number plate” in lieu of one or both of the plates traditionally issued by the Colorado Division of Motor Vehicles (“DMV”), as long as the registration number and expiration date are clearly visible at a distance of one hundred feet in normal sunlight. The legislation was signed by the Governor on April 22, 2022. Colorado is the fourth state to enact such legislation, following Arizona, California, and Michigan.

On July 28, 2022, the Board of Governors of the Federal Reserve System (the “FRB”) published a proposed regulation to implement the Adjustable Interest Rate (LIBOR) Act (“Act”). Due to problems with London Interbank Offer Rate (LIBOR) no longer being representative of the underlying borrowing costs of banks that LIBOR was intended to reflect, LIBOR is scheduled to be discontinued on June 30, 2023. While the federal banking regulators previously required that lenders stop writing new contracts using LIBOR as of December 31, 2021, there are a significant number of existing contracts that reference USD LIBOR that will not mature by June 30, 2023, and cannot be easily amended. Of particular concern are so-called “tough legacy contracts.” Tough legacy contracts not only reference LIBOR and will not mature by June 30, 2023, but also lack adequate fallback provisions providing for a clearly defined or practicable replacement benchmark following the cessation of LIBOR.

With the anticipation of federal marijuana legalization, the cannabis industry rang in 2021with sky-high equity values and anticipated social justice reforms seemingly imminent. However, differing ideas regarding how to legalize marijuana has left federal legalization in limbo and, 20 months later, the sector is still plagued by a myriad of factors that have effectively limited opportunities to succeed in the newly legal cannabis market: onerous capital requirements which can only be financed privately, prohibitions on granting licenses to drug felons, and other hurdles. While both chambers of Congress have made strides by passing bills addressing these issues, such as the Secure and Fair Enforcement (SAFE) Banking Act, Cannabis Administration and Opportunity Act (CAOA), and the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, all have failed to secure enough bipartisan support to break through the stalemate.

In this episode of "More with McGlinchey," Aaron Kouhoupt and Robert Savoie (Cleveland) discuss the fascinating and vibrant world of decentralized finance, blockchains, virtual and cryptocurrency.

With the increasing adoption of remote work policies and use of electronic messaging platforms, should employers be concerned that their employees may inadvertently open the door to a lawsuit?

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. We’re pleased to expand our Commercial Law Bulletin from its previous coverage of Ohio case law to include additional areas in McGlinchey’s footprint.

A recent decision from a divided three-judge panel of the U.S. Court of Appeals for the First Circuit has put these residency requirements in jeopardy by holding that Maine’s residency requirement for marijuana business license holders violates the dormant Commerce Clause of the U.S. Constitution.

Recent federal cases and administrative actions make it clear that, although participants in the marijuana industry may be engaging in conduct deemed illegal under federal law, cannabis companies must still comply with federal discrimination laws.

On July 13, 2022, the FTC’s proposed Motor Vehicle Dealers Trade Regulation Rule, was published in the Federal Register. The FTC’s stated purpose of the proposed rule is to "protect consumers and honest dealers by making the car-buying process more clear and competitive". More specifically, the FTC believes consumers do not know the true cost of the vehicle they purchase and finance, and that consumers unknowingly purchase or are tricked into purchasing Add-on products without knowing its costs, benefits, that the Add-on products are optional, or that they are even purchasing Add-ons for the vehicle at all.

You are likely aware that the Fair Credit Reporting Act (FCRA) 15 USC 1681 et. seq. requires furnishers of information to report the information accurately. Recently, several payment rating/account status cases have been filed and litigated where the Plaintiff's bar contends the industry's reporting of account information is misleading and violates the FCRA. However, on August 8, 2022, the U.S. Court of Appeals for the Third Circuit outlined how district courts within the Circuit must analyze credit reports when determining whether an individual tradeline is inaccurate or misleading under the FCRA. This analysis may prove to be the first nail in the coffin of the so-called 'payment rating' cases which began in 2015.

The world of decentralized finance, blockchains, virtual and cryptocurrency have grown exponentially in recent years. Many financial institutions are looking to enter or expand their operations in the digital economy, but the regulatory environment gives many pause.

Yesterday, the United States Senate passed the Inflation Reduction Act of 2022. As introduced, the Act included a provision requiring that carried interests (known to real estate developers as “promotes”) would have required that developers hold on to their interest in the development venture for 5 years, rather than the current 3 years required by Section 1061 of the Internal Revenue Code (the Code).

State rep. Jerome “Zee” Zeringue, R-Houma, views the recent updates to Louisiana’s offshore wind energy legislation as an important step in securing new investments and new jobs through the state’s developing offshore wind energy business.

Dealers continue to struggle with inventory shortages that frustrate sales staff and potential customers. In many cases, potential customers are ready, willing and able to finance a specific vehicle or type of vehicle if it becomes available within a month — or possibly within two, three or even four months in the current environment. This raises questions about how dealers can respond when customers want to finance vehicles that may remain unavailable for months.

On July 8, 2022, the Federal Reserve Board (“Board”) updated “Question 3” of its frequently asked questions (FAQs) regarding Regulation O, “Loans to Executive Officers, Directors, and Principal Shareholders of Member Banks.” In the update, the Board clarified that a bank’s payment of premiums as part of a split-dollar life insurance arrangement is not an improper extension of credit to an insider if certain conditions are met.

The U.S. Department of Housing and Urban Development (HUD) Code, the federal building code regulating the manufacture, installation, and overall safety standards of manufactured homes, is about to undergo another major update. On July 19, 2022, HUD published its proposed rule amending the HUD Code. The comment deadline is September 19, 2022.

On Thursday, July 21, 2022, Senators Chuck Schumer, Ron Wyden, and Cory Booker unveiled the long-awaited Cannabis Administration and Opportunity Act (CAOA), which, if passed, would decriminalize marijuana at the federal level and require various federal agencies to establish rules for regulating various aspects of the marijuana industry.

Continuing a recent trend of highlighting potential unfair and deceptive acts or practices (UDAAP) within the auto loan servicing industry, the Consumer Financial Protection Bureau (CFPB) recently issued a new blog post focusing on the Servicemembers Civil Relief Act (SCRA). Auto loan servicers and dealerships may want to review their SCRA policies and procedures to ensure they comply with the law and provide the requisite protection for active military members prior to repossessing collateral.  

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.

Member Sarah McMillan (New Orleans) served as co-editor of the Summer 2022 issue (Vol. 18, Issue 4) of the American Bar Association's The SciTech Lawyer, which includes articles on The Internet of Things, supply chains, cybersecurity, climate change, privacy and remote work, and career prospects for new law school graduates.

servicing portfolios. This quarter, the reporting banks serviced approximately 12.2 million first-lien residential mortgages, with an unpaid principal balance of $2.6T, representing 22% of all outstanding residential mortgage debt.

On June 23, 2022, Representatives Pallone, Rodgers, Schakowsky, and Bilirakis introduced the American Data Privacy and Protection Act, HR 8152. This Act represents an effort to create a comprehensive federal privacy law. Information that could be linked to a person or a device would be covered, and the Act would provide extra protections for sensitive covered data. The Act would not cover publicly available data or de-identified data.

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.

ent demands application of various methods of planning and construction, as well as financing. One of the proven means of achieving energy efficiency in developing and redeveloping commercial properties has been the Commercial Property Assessed Clean Energy program, commonly known as “C-PACE.”

The Louisiana Virtual Currency Business Act (Act), which requires virtual currency businesses to hold a license became effective on August 1, 2020. At that time the Louisiana Office of Financial Institutions (OFI) was tasked with adopting administrative rules to govern the licensing process before it could begin accepting license applications. The wait is over andMore

The CFPB has announced a clear focus on fair lending, “junk” fees, voluntary protection products, and repossessions. Each of these focus areas will require powersports finance companies to reconsider their relationships with service providers whose value proposition is to be the “brain” behind complex operational functions like credit decisioning, payment processing, and default servicing.

Ben Schupp (New Orleans) authored an article on equitable subordination in the Q2 2022 issue of Marine Money Magazine, the ship finance publication of record.

The Conference of State Bank Supervisors (CSBS) has sent letters to the U.S. House of Representatives and the Senate, stressing the importance of providing safe harbor for financial institutions offering financial products and services to cannabis or cannabis ancillary businesses under the proposed Secure and Fair Enforcement (SAFE) Banking Act.

The Mortgage Bankers Association’s (“MBA”) First Quarter 2022 National Delinquency Survey revealed that the delinquency rate for mortgage loans on 1–4-unit residential properties decreased to 4.11% of all loans outstanding at the close of the first quarter of 2022. This rate, according to the MBA, represents a decrease of 54 basis points from the fourth quarter of 2021 and 227 basis points from one year ago. Further, MBA Vice President of Industry Analysis Marina Walsh notes that the delinquency rate dropped for the seventh consecutive quarter, reaching its lowest level since the fourth quarter of 2019. Walsh credits the improvement in loan performance to the movement of loans that were ninety days or more delinquent, with most of these delinquencies either being cured or entering post-forbearance loan workouts.

On May 24, 2022, the Consumer Financial Protection Bureau (CFPB) announced that it is replacing the Office of Innovation with the newly-established Office of Competition and Innovation. The CFPB intends to “help spur innovation in financial services by promoting competition and identifying stumbling blocks for new market entrants.”

On May 17, 2022, the Federal Deposit Insurance Corporation (FDIC) adopted a final rule establishing a new subsection B to the Federal Deposit Insurance Act (FDIA) addressing False Advertising, Misrepresentation of Insured Status, and Misuse of the FDIC’s Name or Logo.

The CFPB issued a Fair Lending Report in May of 2022 (“Report”), in which it provided updates on its involvement with ongoing litigation, including its amicus program. The CFPB emphasized that its amicus program provides courts with its views and helps “ensure that consumer financial protection statutes are correctly and consistently interpreted.”

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 the trend to legalize the medical and recreational use of marijuana continues to blaze through the states, federal law, and bankruptcy courts by extension, have not yet followed suit. Bankruptcy courts have historically prevented cannabis – and even cannabis-ancillary companies – from filing for protection under the United States Bankruptcy Code because marijuana remains illegal under the Controlled Substances Act (CSA) at the federal level. Consequently, financially distressed companies in states where marijuana is legal still have limited restructuring options and must rely on state law options.

Beginning July 1, 2022, a Federal excise tax, commonly referred to as the “Superfund Tax,” will be imposed on any taxable chemical sold by a manufacturer, producer, or importer. The Superfund Tax also will be imposed on the importer if taxable chemicals are consumed, used, or warehoused in the United States. The Superfund Tax funds the Hazardous Substance Superfund Trust Fund for use in the clean-up of hazardous waste sites.

The Consumer Financial Protection Bureau (CFPB) has given special consideration to data, algorithms, and machine learning for years. In 2017, as part of a field hearing on alternative data, the CFPB issued a request for information in part to explore “whether reliance on some types of alternative data could result in discrimination, whether inadvertent or otherwise, against certain consumers.”

Whether you are an existing domestic company expanding to offer a consumer finance product or service, a new domestic company looking to enter the space as a start-up, or a foreign company looking to expand into the U.S. market, there are a number of important considerations facing your business during the planning phase. Below is a list of some of the factors your business should think about while developing your product offering.

On May 24, 2022, the Consumer Financial Protection Bureau (CFPB) announced that it is replacing the Office of Innovation with the newly-established Office of Competition and Innovation. The CFPB intends to “help spur innovation in financial services by promoting competition and identifying stumbling blocks for new market entrants.”

Kentucky and Virginia have passed legislation relating to student loan servicers. In Kentucky, a new student loan servicing law creates new licensing and compliance requirements. In Virginia, an amendment to their law limits the scope of their existing law. An explanation of the changes follows below.

On Thursday, May 19, 2022, the Ninth Circuit ruled that hemp-derived products which contain delta-8 THC are currently legal under federal law, and entitled to trademark protection.

In a per curiam decision released on March 8, the U.S. Court of Appeals for the Fifth Circuit in New Orleans found that a noncompete agreement was not enforceable because the employee signed it before he was officially hired.

In a unanimous Opinion issued Monday, May 23, the United States Supreme Court resolved a circuit split and held that waiver of a right to arbitrate does not require a showing of prejudice to the opposing party.

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 April 15, the Consumer Financial Protection Bureau issued its annual report on the Fair Debt Collection Practices Act. The report not only looks back at the number and type of debt collection complaints the bureau received in 2021, but also identifies specific debt collection activities that the bureau targeted in the past year.

Members of the auto finance industry continue to have a strong appetite for developing their digital origination and servicing platforms. Much of the industry also has a desire to use data in novel and creative ways to facilitate customer access to credit. 

On March 31, 2022, California Governor Gavin Newsom approved Assembly Bill 2179, which extends existing protections for California renters.

On March 24, 2022, a complaint was filed against Equifax Information Services, LLC based on its alleged inaccurate reporting of a mortgage loan delinquency. The borrowers filed the two-count complaint in the U.S. District Court for the Southern District of California, alleging Equifax violated the Fair Credit Reporting Act (FCRA) and the California Consumer Credit Reporting Agencies Act (CCRAA). The borrowers contend Equifax failed to follow reasonable procedures to establish maximum possible accuracy in the preparation of the borrowers’ credit reports. As a result, they seek actual, statutory, and punitive damages, attorney fees and costs, and other relief.

System (“Board”), the Federal Deposit Insurance Corporation (“FDIC”), and the Office of the Comptroller of the Currency (“OCC”), jointly issued a final rule with respect to establishing notification requirements for computer-security incidents for banking organizations and bank service providers in order to promote early awareness of emerging threats and enable the agencies to react to the threats before the threats become systemic (“Final Rule”).

Almost eight million borrowers entered forbearance plans during the pandemic, including those plans available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Many borrowers have exited their forbearance plans. As a follow-up to its May 2021 report, the Consumer Financial Protection Bureau (CFPB) recently published an updated report on the characteristics of mortgage borrowers who remained under the protection of a forbearance plan as of January 2022 to help understand their demographics and financial capacity.

On January 26, 2022, the Consumer Financial Protection Bureau (CFPB) issued a Request for Information Regarding Fees Imposed by Providers of Consumer Financial Products or Services (“RFI”). The CFPB indicated its desire to mitigate charges like credit card late fees and overdraft and non-sufficient funds fees, which it said accounted for billions of dollars in 2019. The CFPB stated that its goal is to “strengthen competition in consumer finance by using its authorities to reduce these kinds of junk fees.”

Since its passage, the California legislature has amended the CCPA; California voters modified the CCPA when they passed ballot proposition 24, the California Privacy Rights Act of 2020 (CPRA); the California attorney general implemented final regulations; and the California Department of Justice began enforcing the CCPA.

The laws governing FinTechs have continued to develop. One prominent business model utilized by FinTech companies involves partnerships with traditional depository institutions, often state-chartered, FDIC-insured community banks. In the context of this model, the non-depository FinTech companies and traditional depository institutions act together to offer consumer financial services and products.

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.

Major airlines and airports are dropping their mask requirements following a federal court ruling that struck down the federal government’s mask mandates for public transportation.

On Friday, April 1, 2022, the House of Representatives passed the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act for the second time in two years. The MORE Act is one of at least three pieces of offered legislation that legalizes, or partially legalizes, marijuana at the federal level.

Tax returns and return information generally are protected from disclosure by Section 6103 of the Internal Revenue Code (Code), and unauthorized disclosures can result in penalties. Certain disclosures are permitted, but what happens when a person properly receiving return information “rediscloses” that information?

alters that a district court cannot “look through” to the underlying controversy in order to support jurisdiction to decide a motion to confirm, amend, or alter an arbitration award issued under the Federal Arbitration Act (FAA).

The hardship stays provided under New York’s COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (EEFPA) officially ended on January 15, 2022. What does this mean for lenders, mortgage servicers, and landlords?

The CFPB highlighted several areas of concern in automobile lending in its recent blog post titled “Rising car prices means more auto loan debt.” Technology and its impact on consumers, particularly when it comes to how the use of technology may “disproportionally impact certain communities,” was a primary focus of this bulletin.

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 November, 2021, the ASTM published its E1527-21 (-21 Standard), its 2021 update to its Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.

With a new administration comes new priorities for federal agencies, and the Consumer Financial Protection Bureau (CFPB) is no different. During the Trump administration, the Bureau focused on “educating” consumers. Under President Biden, the CFPB has signaled, through words and actions, a return to significantly more aggressive supervision and enforcement actions.

On March 9, 2022, President Biden signed an Executive Order that serves as the first “whole-of-government” strategy that addresses both the benefits and risks of digital assets and their underlying technology. The Order outlines six priorities that factor into addressing a national policy for digital assets, which include: consumer and investor protection; financial stability; illicit finance; U.S. leadership in the global financial system and economic competitiveness; financial inclusion; and responsible innovation.

On March 7, 2022, the California Supreme Court held in Sheen v. Wells Fargo Bank, N.A. that a lender owes no tort duty sounding in general negligence principles to “process, review and respond carefully and completely to” the borrower’s loan modification application.

Guaranteed asset protection (GAP) waivers have always held state regulators’ attention, but as vehicle price increases drive up consumer demand for debt cancellation agreements, regulatory scrutiny into such agreements is also on the rise.

Signed into law on March 15, 2022, the Adjustable Interest Rate (LIBOR) Act of the Consolidated Appropriations Act of 2022 resolves a pending concern with variable interest rate loan contracts that use LIBOR as their index.

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 per curiam decision released on March 8, 2022, the U.S. Court of Appeals for the Fifth Circuit in New Orleans found that a non-compete agreement was not enforceable because the employee signed it before he was officially hired.

Diversity initiatives can help “bridge the gap” between an employer’s stated goals for inclusion, but implementing such initiatives requires careful thought and consideration.

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.

Did the world exist before March 2020? It was around that time that vehicle subscription services began to expand beyond startups, and industry disruptors started to take hold of the imaginations of new product developers within OEMs.

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. We’re pleased to expand our Commercial Law Bulletin from its previous coverage of Ohio case law to include additional areas in McGlinchey’s footprint.

On Tuesday, February 8, 2022, the United States District Court for the Northern District of California issued two separate orders that upheld the OCC’s and FDIC’s “valid-when-made” rules.

For years auto industry insiders talked about the “dawn” of the electric vehicle (EV) era. A confluence of developments demonstrates that we’re past mid-morning and hitting high noon of the EV epoch.

On December 30, 2021, the Federal Reserve Board (Fed) published updates to its FAQs for Regulations H, O, W, and Y, as well as FAQs related to covered savings associations. These FAQs are staff interpretations and have not been approved by the Board.

In a case of first impression in Ohio, the Fairfield County Court of Common Pleas held that R.C. § 1343.031, Ohio’s version of the Servicemembers Civil Relief Act, does not apply to residential mortgages.

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.

Ben Schupp (New Orleans) authored an article on maritime liens on equipment in the Winter 2021 issue of Marine Money Magazine.

On January 18, 2022, the FTC issued an advisory opinion to clarify that the FTC’s Trade Regulation Rule Concerning Preservation of Consumers’ Claims and Defenses, 16 C.F.R. § 433.2, does not preclude the recovery of attorneys’ fees and costs when state law authorizes such awards against a holder of a consumer credit contract.

The Dodd-Frank Act gave the Consumer Financial Protection Bureau (CFPB) direct supervisory authority over any institution that engages in private education lending, regardless of whether the lender is a depository institution or a non-depository institution, or the size of the lender. The CFPB also has direct supervisory authority over “larger participants” in the student loanMore

The hardship stays provided under New York's COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (EEFPA) officially ended on January 15, 2022.

ob Driscoll (Washington), co-chair of the Government and Internal Investigations team and former Deputy Assistant Attorney General of the U.S. Department of Justice (DOJ)'s Civil Rights Division authored an article that was published in The Dispatch on January 17, 2022. The piece gives an overview of the Voting Rights Act's provisions and historical application.

The Ohio Supreme Court has proposed a number of significant changes to the Ohio Rules of Civil Procedure that seek to utilize remote technology, pursuant to its rulemaking authority under the Ohio Constitution.

In two per curiam opinions released Thursday afternoon, the Supreme Court released long-awaited guidance on two vaccine mandates issued by federal agencies.

The Supreme Court is currently considering the validity of two rules promulgated by federal agencies in the past months regarding vaccines and testing in the workplace. Whether those rules—OSHA’s Emergency Temporary Standard (ETS) and the Centers for Medicare and Medicaid Services’ omnibus vaccine rule for healthcare workers (CMS Mandate or Omnibus Rule)— will be upheld is up in the air. Still, employers should be prepared in case those rules do remain in effect, as their enforcement began on Monday, January 10.