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  • Article

    Why Judge Jackson Is Wrong: The CFPB Cannot Be Lawfully Funded When The Federal Reserve Has No Profits

    In her December 30, 2025 opinion in National Treasury Employees Union v. Vought (which we blogged about here), Judge Amy Berman Jackson concluded that the CFPB...
    United StatesConsumer Protection
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    OCR Issues Guidance Related To PHI Disclosures During COVID

    On December 18, 2020, the United States Department of Health and Human Services ("HHS") Office for Civil Rights ("OCR") issued guidance specific to the Health Insurance Portability...
    United StatesCoronavirus (COVID-19)
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    NLRB Division Of Advice: Employee Gaza Protests Are Not Protected Activity

    The National Labor Relations Board's Division of Advice recently issued a memorandum concluding that a major software company lawfully terminated employees who organized a Gaza war protest at company headquarters. The Division determined that the protest lacked sufficient connection to workplace conditions to qualify as protected concerted activity under federal labor law, despite employee claims that the company's Israeli government contracts affected their working environment.
    United StatesEmployment and HR
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    Statutory Discrimination Claims And Constitutional Claims Opposing DEI Initiatives Receive Different Treatment In The Seventh Circuit – Practical Takeaways For Employers

    A federal appeals court decision illustrates how public employers defending DEI-related challenges must navigate distinct legal frameworks. While opposition to diversity initiatives alone may not sustain a Title VII discrimination claim, constitutional protections like the First Amendment can create separate vulnerabilities that require careful consideration when implementing workplace equity programs.
    United StatesEmployment and HR
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    Banking Agencies Update Interagency Documents To Remove Reputational Risk References

    Federal banking regulators have jointly updated interagency supervisory documents to remove all references to reputational risk, marking a significant shift in how banks will be examined and supervised.
    United StatesFinance and Banking
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    CFPB Brings Claim Against Former Debt Collection Company Executive And His Family For Allegedly Seeking To Fraudulently Transfer Assets To Undermine Earlier Consent Decree

    This complaint follows a 2019 consent decree, in which MacKinnon was one of three defendants who had entered a stipulated final judgment with the CFPB and NYAG.
    United StatesFinance and Banking
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Podcast

    Debt Sales 101 Mini-Series — Episode 3: Who Buys Debt And How Deals Are Structured (Podcast)

    This episode explores the critical factors that drive debt sale transactions, from buyer selection and portfolio evaluation to deal structuring and risk allocation. Learn how buyers assess legal, regulatory, and commercial risks when purchasing charged-off debt, and discover why understanding these dynamics is essential for successful debt sale programs.
    United StatesFinance and Banking
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    Federal Banking Regulators Issue Statement On Loan Reference Rates And Advise Prompt Transition From LIBOR

    The Fed, FDIC, and OCC have issued a "Statement on Reference Rates for Loans" that addresses replacement rates for the London Inter-Bank Offered Rate
    United StatesFinance and Banking
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    House Passes CRA Resolution To Override OCC True Lender Rule

    Last week, by a vote of 218-208, the House of Representatives passed the resolution introduced by Democratic Senators under the Congressional Review Act (CRA) to overturn the OCC's "true lender" final rule.
    United StatesFinance and Banking
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    HUD Addresses FHA Loan Eligibility Of DACA Recipients And Documentation Requirements For Certain Other Non-Permanent Residents

    The U.S. Department of Housing and Urban Development (HUD) recently addressed eligibility for FHA mortgage loans for Deferred Action for Childhood Arrival (DACA)...
    United StatesFinance and Banking
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    H-1B Cap Lottery Registration Deadline Is Approaching

    This article is about the U.S. Citizenship and Immigration Services' (USCIS) H-1B Cap for Fiscal Year 2024 (registration is in the first half of March 2023 for a potential start date of October 1, 2023).
    United StatesImmigration
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    Afterpay Faces Putative Class Action Alleging It Failed To Warn Consumers Of Possible Overdraft Fees

    Afterpay, a buy-now, pay-later company, is facing a putative class action lawsuit in a California federal district court
    United StatesLitigation, Mediation & Arbitration
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    When Arbitration Emails Go Unread: Lessons From The Ninth Circuit

    The U.S. Court of Appeals for the Ninth Circuit's recent decision in Rickes v. Thermo Fisher Scientific examines whether email-based notices alone can establish mutual assent to arbitration agreements and class action waivers. The court held that merely sending emails containing arbitration terms, without evidence of actual viewing or affirmative interaction, fails to demonstrate the assent required for contract formation under California law.
    United StatesLitigation, Mediation & Arbitration
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    Court Denies Class Certification In Internet Tracking Case Over Individualized Statute Of Limitations Issues

    A Northern District of California ruling demonstrates how class definition changes between complaint and certification can create statute of limitations issues that defeat predominance.
    United StatesPrivacy
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    Vermont Just Changed The Rules For Data Brokers – Is Your Business Ready?

    Vermont has enacted sweeping changes to its data broker law, expanding the definition of covered businesses, introducing consumer deletion rights, and imposing significantly higher registration fees and penalties.
    United StatesPrivacy
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    Oregon Would Tax Oregonians (And Only Oregonians) On All Gain From The Sale Of QSBS Under Proposed Bill

    Like its neighbors to the north (Washington), and south (California), Oregon has developed a reputation for being unfriendly to businesses.
    United StatesTax
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    President Biden's Cybersecurity Executive Order Has Implications For The Private Sector

    On May 12, 2021, President Joe Biden issued an Executive Order to implement new policies aimed at strengthening the nation's cybersecurity.
    United StatesTechnology
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Podcast

    Cantero II: Circuit Split And OCC Preemption Determination Set Up Likely Supreme Court Review (Podcast)

    National bank preemption faces another Supreme Court showdown as circuit courts split on whether state laws requiring interest payments on mortgage escrow accounts are preempted by the National Bank Act. The Second Circuit's decision conflicts with First and Ninth Circuit rulings, while the OCC has issued regulations siding with preemption, prompting challenges from ten state attorneys general. This podcast explores whether state consumer financial laws can regulate national banks and when federal preemptio
    United StatesFinance and Banking
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    Paoletta Becomes CFPB Acting Director

    Mark Paoletta has assumed the role of Acting Director of the Consumer Financial Protection Bureau following Russell Vought's term expiration under the Federal Vacancies Reform Act. While President Trump's nominee Brian Johnson awaits Senate confirmation after his July hearing, the Bureau continues operating under acting leadership with Vought reportedly staying on as senior adviser.
    United StatesGovernment, Public Sector
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    Who’s Really At The Keyboard? Ninth Circuit Opines On Agentic AI In E-Commerce

    The Ninth Circuit's recent decision in Amazon v. Perplexity raises critical questions about how existing computer fraud statutes apply to AI-powered shopping agents that operate through customer accounts. As retailers face increasing deployment of third-party AI tools on their platforms, this ruling provides crucial guidance on the limitations of traditional legal frameworks and the need for alternative enforcement strategies.
    United StatesMedia, Telecoms, IT, Entertainment
    Ballard Spahr LLP
    Ballard Spahr LLP

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