BLT: October 2016



Business & Corporate

Do You Think Banks Are Debt Collectors? The CFPB and the FTC Do

The CFPB is engaged in developing rules to regulate debt collection practices and, in a significant step towards issuing a proposed rulemaking, on July 28, 2016, it released an outline of proposals under consideration aimed solely at “debt collectors” subject to the Fair Debt Collection Practices Act. However, due to a growing circuit split over the scope of the definition of “debt collector” for purposes of the FDCPA, it is unclear whether banks and other creditors that collect on debts acquired in default fall within the ambit of the July 28 Proposals.

Business & Corporate

Business Divorce: New Practice Area or Plain Old Commercial Litigation?

“Business divorce” is a term appearing with increasing frequency in legal circles, including treatises, blogs, law-firm website bios, social media groups, seminars, and even as the name of an ABA Business Law Section subcommittee. It is often used as a marketing tool to describe a particular practice area or type of case. What is business divorce? Is it really a separate practice area, or is it just old-time rock and roll with a new twist?

Business & Corporate

Registration and Compliance for “Exempt Reporting Advisers”

On November 20, 2015, the director of the SEC’s Office of Compliance and Inspections announced that the SEC would begin examining Exempt Reporting Advisers as part of the agency’s routine examination program. This article provides guidance on filing and reporting requirements of Exempt Reporting Advisers under the Investment Advisers Act, and recommends “best practices” for Exempt Reporting Advisers to identify conflicts of interest and minimize compliance risk.


Business & Corporate

KEEPING CURRENT: SEC Enforcement Expands Scope of Prohibited Provisions in Employment-Related Agreements

The SEC announced two significant enforcement action against an employer based on confidentiality and release provisions that the SEC asserts will discourage employees from participating in the SEC’s whistleblower program. These enforcement actions follow last year’s similar action against KBR, Inc. and expand the scope of prohibitions to certain waivers of remedies in employment separation agreements. Companies that have not evaluated the language in their agreements with current and former employees in light of these actions should consider doing so now. Those that have evaluated such agreements should consider whether the SEC’s recent enforcement action warrants making further changes.

Business & Corporate

MEMBER SPOTLIGHT: An Interview with Jason Goitia

In 2007, Jason Goitia was diagnosed with multiple sclerosis. While it has dramatically changed his life, it hasn’t stopped him from an active and fulfilling legal career. The solution for him was to develop an eLawyering practice, which focuses on serving clients via the Internet. In 2010, he was named one of eight innovative attorneys in the eLawyering movement in a Lawyerist post by Stephanie Kimbro, who is now an eLawyering expert at Stanford Law School.