Volume 80, Issue 2
“Disinterested stockholder” doctrine clashes with institutional investor changes, causing vote miscounts/unworkable procedures. New “disinterestedness” conception/procedures enable implementation of…
Several corporate diversity initiatives that include LGBTQ+ people have been advanced the last several years, but now those are being challenged. How can firms advance LGBTQ+ rights and people throug…
Under the Corporate Transparency Act as enacted and as reflected in the Reporting Rules adopted in 2022, almost every LLC, corporation, and similar business organization in the United States is subje…
Companies incorporated in Delaware are following the trend of including forum selection clauses in their corporate bylaws. The clauses require shareholders to bring derivative lawsuits against the co…
Credit agreements for commercial loans in the U.S. often require that the lender receive an opinion letter of borrower’s counsel (closing opinion) containing opinions on legal matters about the borro…
This review summarizes legal developments regarding corporate compliance and ethics programs, consisting of organizational codes of conduct, policies, and procedures designed to achieve compliance wi…
The introduction to the consumer financial services survey provides a preview of the topics that will be included in the survey, including: arbitration, CFPB, mortgage regulation, FCRA, state privacy…
In PHH Corp. v. CFPB, the D.C. Circuit found that the structure of the Consumer Financial Protection Bureau (“CFPB”) was unconstitutional. While the en banc D.C.
This survey highlights some of the more significant arbitration rulings issued by the United States Supreme Court and the federal courts of appeals since the last annual update.
This survey discusses recent case law addressing mass arbitration disputes, such as the obligation to pay arbitration fees and the fairness of mass arbitration provisions, as well as arbitration prov…
The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) and the Federal Trade Commission (“FTC”) continue to be active under the Fair Credit Reporting Act (“FCRA”).
Over the past year, the Consumer Financial Protection Bureau (“CFPB”) and other federal financial regulators have issued rules and guidance affecting the mortgage industry.
The FinTech industry continues to face regulatory scrutiny. Federal and state regulators continue emphasis on compliance expectations. Legislation continues to be proposed and adopted to restrict, re…
Since the last publication of this survey, state legislatures have continued the trend of enacting comprehensive privacy laws. In this span, many comprehensive data privacy laws were enacted.
This article analyzes the recent enactment of several state standard commercial financing disclosure laws ("CFDLs") and the potential impact of this trend on the small business lending industry.
The U.S. Department of Justice (“DOJ”) continued its focus on combatting redlining in mortgage lending by bringing enforcement actions against banks. Enforcement actions alleging discrimination were…
Over the past year, legal and regulatory developments affecting automotive finance sped ahead in the fast lane. Developments were examined at the state and federal levels.
This survey addresses compliance issues related to the alternative financial services industry, including federal and state enforcement actions, consumer litigation, and new state laws and regulation…