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A warning to financial institutions: failure to issue a litigation hold may have serious consequences

Frost Brown Todd LLC
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USA
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May 3 2013

As electronic discovery has become more prevalent and voluminous, national standards for the preservation of evidence have evolved dramatically in

Lenders’ mortgages found to have priority over subcontractors’ liens due to flow down clause in subcontracts

Frost Brown Todd LLC
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USA
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April 15 2013

Ohio's Tenth Appellate District very recently decided a matter which continued Ohio's history of broadly construing and freely enforcing flow down

Indirect auto lending carries fair lending risk

Frost Brown Todd LLC
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USA
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April 9 2013

A recent guidance published by the Consumer Financial Protection Bureau is a helpful reminder of one of the risks associated with indirect auto

The blank personal guaranty: just asking for a fight

Frost Brown Todd LLC
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USA
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March 27 2013

John Williamson, a local bank vice president, meets with Ronnie Roma and Harry Levine about a $25,000 equipment loan for their closely-held business

Electronic funds transfer liability: business convenience versus commercial reasonableness

Frost Brown Todd LLC
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USA
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March 27 2013

In a recent lawsuit rising from cyber account-takeover fraud, the defending financial institution won summary judgment on two issues of apparent

HUD sets uniform standard for evaluating discriminatory effect claims

Frost Brown Todd LLC
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USA
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March 22 2013

Last month, the Department of Housing and Urban Development ("HUD") issued a formal rule relating to housing discrimination that went into effect

The changing face of criminal background checks aka there are limits to the “get out of jail free card” for financial institutions

Frost Brown Todd LLC
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USA
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February 28 2013

Human Resource officers with banks and credit unions face unique professional challenges. While complying with the many general rules governing

Residential mortgage foreclosure subject to Fair Debt Collection Practices Act

Frost Brown Todd LLC
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USA
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February 5 2013

On January 14, 2013, the Sixth Circuit Court of Appeals ruled that the Fair Debt Collection Practices Act ("FDCPA") applies to foreclosures, even

Consumer Financial Protection Bureau issues new rules on qualified mortgages

Frost Brown Todd LLC
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USA
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January 29 2013

The Consumer Financial Protection Bureau ("CFPB") has adopted a final rule creating additional requirements for lenders to document and confirm

Kentucky Supreme Court changes the law on emotional damages

Frost Brown Todd LLC
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USA
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January 7 2013

Kentucky lenders are accustomed to facing an array of lender liability claims in actual and threatened litigation. But now our industry may face a new

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