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BLT: March 2013

Our Mini-Theme: The Brave New World of Consumer Financial Services

Feature Articles

Our Mini-Theme: The Brave New World of Consumer Financial Services

This BLT mini-theme is dedicated to the myriad of mortgage origination and servicing rules recently enacted by the CFPB.

This article explains tribal lending and the potential conflict between the tribe’s sovereign immunity and the Consumer Financial Protection Bureau.

Roughly 20 years ago, the EEOC enacted guidelines on how employers could comply with Title VII in using criminal history information in making a hiring decision. In April of 2012, the EEOC published new Enforcement Guidance (the Guidance) that goes beyond anything it had previously said. The Guidance focuses on race and national origin discrimination, the Title VII protected classes that the EEOC has decided are most often implicated in the use of criminal history in employment decisions.

The ABA has recently updated several of its Model Rules of Professional Responsibility, including both rules and comments, to better deal with technology and its effects on lawyers' practices. All business lawyers should know what has changed. While the rules are not binding in themselves, they do form the basis of most states' rules governing lawyers. Comments to the rules expand on their meaning and provide additional interpretive guidance.

On January 14, 2013, in Freedman v. Adams the Delaware Supreme Court reaffirmed that executive compensation decisions are business judgments vested in the board of directors that will rarely be second-guessed absent a showing that the board acted on an ill-informed basis or in bad faith.

Richard W. Pound, in his capacity as Business Law Advisor, offered the following remarks at the Council Meeting during the 2013 Midwinter Meeting. William Rosenberg provided the introduction. Please take an extra minute to enjoy these comments as did those who attended the Council Meeting.

This month’s IBL explores the Professional Responsibility and the Nonprofit Organizations Committees.

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Question: From September 8 through 10,  Boston, Massachusetts – also known as Bean Town, the City of Notions and the Cradle of Liberty – will host the 2016 Business Law Section Annual Meeting. Which of the following is the official motto of the City of Boston?

A.  Ense petit placidam sub libertate quietem

B.  Libertate defenderet, justic sectantes

C.  Ad astra per aspera

D.  Sicut patribus sit Deus nobis 

Please see Inside Business Law for the answer to this month’s Business Law Section Trivia Question.

Following the 2016 Section Annual Meeting, the September issue of Business Law Today will feature an array of highlights from the meeting in Boston. Additional topics include explaining the Defend Trade Secrets Act, diversity jurisdiction and unincorporated entities, and mitigating the threat of insolvency before it’s too late.

Do you have a great idea for a BLT article? Would you like to see more of a featured column? Let us know how we can make Business Law Today the best resource for you and your clients. We welcome any suggestions. Please send us your feedback here.

Business Law Section Annual Meeting
September 8-10, 2016
Boston, MA

Miscellaneous IT Related Legal News (MIRLN) 24 July - 13 August 2016 (v19.11)

BLT is a web-based publication drawing upon the best of the Section's resources, including featured articles and other information from around the Section. Stay informed on the latest business law practice news and information that will benefit you and your clients.