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                  Financial Services
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Maria Vladimirova Geltz
                                                                                             on  January 25, 2023
                                                                     
                     Corporate awareness of environmental, social and governance (“ESG”) risks has grown significantly in the last decade, making ESG issues a strategic priority for many boards and executives. As a result, companies, both large and small, continue to grapple with how ESG issues affect their risk… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Brett J. Ashton
                                                                                             on  October 27, 2022
                                                                     
                                On the heels of the Consumer Financial Protection Bureau (the “CFPB” or the “Bureau”) consent order with Regions Bank last week in connection with alleged unfair and deceptive overdraft practices (the “Regions Consent Order” discussed in our earlier Client Alert), CFPB Director Rohit Chopra was… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Brett J. Ashton
                                                                                             on  September 29, 2022
                                                                     
                          The Consumer Financial Protection Bureau (the “CFPB” or the “Bureau”) announced yesterday that they had entered into a consent order (the “Consent Order”) against a financial institution for “unfair” and “abusive” acts and practices in connection with their assessment of overdraft fees tied to so… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Kay Dee Baird
                                                                                             on  June 23, 2022
                                                                     
                     As inflation and interest rates rise, a recession is likely coming. A recession means more bankruptcy filings. Providers of goods and services often unknowingly find themselves embroiled in bankruptcy litigation if the provider received payment within 90 days of the customer’s bankruptcy filing.… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Brett J. Ashton and Libby Yin Goodknight
                                                                                             on  June 8, 2022
                                                                     
                     While commercial businesses are typically aware of their responsibilities under the Americans with Disability Act (the “ADA” or the “Act”) relative to the maintenance of their physical office spaces and general corporate policies, some businesses have been the recipients of demand letters alleging… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Brett J. Ashton
                                                                                             on  June 2, 2022
                                                                     
                     Since his appointment on October 12, 2021, Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) Director Rohit Chopra has embarked on an aggressive campaign to identify and punish discriminatory practices in the financial services industry. While heightened regulatory scrutiny of fair… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Brett J. Ashton, Ann Marie Woolwine,  and Kyle P. Chambers
                                                                                             on  March 31, 2022
                                                                     
                     The world’s most popular contractual benchmark rate, the London Interbank Offered Rate or “LIBOR,” is being discontinued. Many LIBOR-based contracts contain inadequate provisions, or none at all, to deal with the discontinuation of LIBOR (“Vulnerable Contracts”). Lenders and industry leaders have… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Brett J. Ashton
                                                                                             on  March 21, 2022
                                                                     
                     Since his appointment on October 12, 2021, Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) Director Rohit Chopra has embarked on an aggressive campaign to identify and punish discriminatory practices in the financial services industry. While heightened regulatory scrutiny of fair… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Brett J. Ashton
                                                                                             on  February 3, 2022
                                                                     
                     The Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) recently issued a series of press releases and blog posts focused on the issue of so called “junk fees” consumers pay their banks, credit unions, and other financial institutions. Several of the largest banks in the country have… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
                       
                                                                                            By: Ann Marie Woolwine and Kyle P.  Chambers
                                                                                             on  January 28, 2022
                                                                     
                     Trillions of dollars are tied up in lending contracts that rely on the London Interbank Offered Rate (“LIBOR”) as their benchmark rate. On June 30, 2023, LIBOR will no longer be published in any capacity.1 Many LIBOR-based contracts contain inadequate provisions, or none at all, to deal with the… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: C. Daniel Motsinger
                                                                                             on  November 12, 2021
                                                                     
                     As noted recently by some United States Bankruptcy Courts, effective December 1, 2021, the Director of the Administrative Office of the United States Courts (the “AO”) has designated any entity that receives 100 or more paper bankruptcy notices in a single calendar month as a high-volume paper… Read More  
      
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