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Privacy & cybersecurity update, issue 3 - October, 2014

  • Jones Day
  • -
  • Australia, Brazil, Canada, Chile, China, European Union, France, Germany, Hong Kong, Ireland, Italy, Japan, Mexico, Netherlands, New Zealand, Russia, Taiwan, USA
  • -
  • October 15 2014

On August 1, the Federal Trade Commission ("FTC") issued a report on mobile shopping applications. In it, the FTC found that such apps often fail to

Terminated trust lacks standing to intervene in derivative action

  • Jenner & Block
  • -
  • USA
  • -
  • October 15 2014

In In re Jenzabar, Inc. Derivative Litigation, No. 4521 (Del. Ch. Aug 8, 2014), the Delaware Chancery Court, applying Massachusetts law, held that an

Federal court rules restitution is not uninsurable under Delaware law

  • Jenner & Block
  • -
  • USA
  • -
  • October 15 2014

In July, the United States District Court for the District of Minnesota issued a pro-policyholder decision rejecting an oft-made insurer argument

Cross-border investigations update

  • Skadden Arps Slate Meagher & Flom LLP
  • -
  • China, United Kingdom, USA
  • -
  • October 14 2014

The inaugural edition of Cross-Border Investigations Update includes an overview of enforcement trends, including the increasing cooperation between U

Subsequent mortgagee excused from face-to-face meeting

  • McGuireWoods LLP
  • -
  • USA
  • -
  • October 14 2014

The 5th U.S. Circuit Court of Appeals affirmed a favorable ruling for banks and loan servicers, holding that a mortgagee is excused from complying

What banks large and small need to know about “prior express consent” under the Telephone Consumer Protection Act

  • Frost Brown Todd LLC
  • -
  • USA
  • -
  • October 13 2014

The Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. 227, has become the darling of the plaintiff class action industry. Too often the

FTC targeting deceptive advertising of mortgage lead generators

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • October 13 2014

The Federal Trade Commission's (FTC) recent complaint against Intermundo Media, LLC (Intermundo) alleging deceptive marketing tactics under the

Eleventh Circuit refuses to compel arbitration in dispute between loan servicer and borrower

  • BuckleySandler LLP
  • -
  • USA
  • -
  • October 10 2014

On October 2, the Eleventh Circuit affirmed a district court’s decision refusing to compel arbitration sought by a servicer in a dispute with a

Higher education facing scrutiny from CFPB

  • McGuireWoods LLP
  • -
  • USA
  • -
  • October 10 2014

Colleges, universities and anyone offering postsecondary education, take note: The Consumer Financial Protection Bureau (CFPB) continues to target

Cyber voluntary payment defense thwarted by bank fraud regulation

  • Wilson Elser
  • -
  • USA
  • -
  • October 9 2014

Financial institutions are one of the entities most threatened by cyber crisis events. As data breaches and cyber threats become more inventive, the