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Results: 1-10 of 44

Court denies bank, insurer's, and reinsurer's motion to dismiss RESPA complaint

  • Jorden Burt LLP
  • -
  • USA
  • -
  • March 20 2013

Two borrowers filed a putative class action complaint in Pennsylvania federal court alleging that mortgage lender, First Horizon Home Loan

Equitable estoppel cannot compel arbitration against non-signatories where claims were based on statute and not contract

  • Jorden Burt LLP
  • -
  • USA
  • -
  • March 12 2013

In a putative class anti-trust action brought by retail grocers against wholesale grocers, a divided panel of the Eighth Circuit recently reversed

STOLI litigation: dare to be different

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 15 2013

Remember: it's OK to think outside of the box. The distinctive fact patterns of two recent cases demonstrate the benefits of imaginative, resourceful

Court denies motion to dismiss where defendant retroceded reserves held on vehicle service contracts

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 5 2013

Operators of vehicle dealerships filed suit alleging breach of contract, conversion, breach of fiduciary duty, and money had and received against an

Courts may still be expanding coverage for liability of computer hacking victims

  • Jorden Burt LLP
  • -
  • USA
  • -
  • September 4 2012

Large retailers and other traditional businesses face significant risks for failure to secure their customers' credit card information

Who is a supervisor after the urban case?

  • Jorden Burt LLP
  • -
  • USA
  • -
  • August 27 2012

A recent SEC case involving Theodore W. Urban underscores how difficult it can be to determine whether legal and compliance officers are also “supervisors” of business line-level employees

Are fund advisers out of the woods after Janus?

  • Jorden Burt LLP
  • -
  • USA
  • -
  • March 20 2012

In the U.S. Supreme Court’s recent decision, Janus Capital Group, Inc. v. First Derivative Traders, the Court observed that a fund is a legally separate entity with a board of directors exercising ultimate control over the prospectus; therefore, the fund not the adviser preparing the prospectus makes the statement in the fund’s prospectus for purposes of Rule 10b-5(b) liability

Fourth Circuit confirms award certifying nationwide class arbitration of claims alleging violations of state consumer protection law

  • Jorden Burt LLP
  • -
  • USA
  • -
  • January 3 2012

The Fourth Circuit Court of Appeals confirmed an arbitration award certifying a nationwide class of plaintiffs alleging violations of Maryland’s Consumer Protection Act

Court refuses to compel arbitration over “collateral” matters in the interests of justice and judicial economy

  • Jorden Burt LLP
  • -
  • USA
  • -
  • December 22 2011

In a shareholder dispute over the alleged improper termination of a company president, a court recently compelled arbitration of issues central to the case, but retained jurisdiction over a collateral issue related to ownership of corporate shares

Incentive compensation to receive SEC scrutiny

  • Jorden Burt LLP
  • -
  • USA
  • -
  • May 17 2011

The SEC is proposing to scrutinize incentive compensation arrangements offered by any SEC-registered broker-dealer or investment adviser with at least $1 billion in consolidated assets