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  • Article

    Application Of The FDCPA Is Limited By The 11th Circuit

    Recently, in Davidson v. Capital One Bank (USA), N.A., 2015 U.S. App. LEXIS 14714, the 11th Circuit held that banks do not qualify as "debt collectors" under the Federal Debt Collection Practices Act when attempting to collect a debt.
    United StatesFinance and Banking
    Butler Snow LLP
    Butler Snow LLP
  • Article

    CFPB Modifies ATR/QM Rule To Allow Some Balloon Payment Loans By Small Creditors

    On May 29, 2013, the CFPB amended the Truth-in-Lending Act and Regulation Z to finalize a rule aimed at assisting small creditors in originating Qualified Mortgages with the highest level of protection for compliance with the Ability To Repay Rule.
    United StatesFinance and Banking
    Butler Snow LLP
Butler Snow LLP
  • Article

    Executive Order On Debanking And What It Means For Community Banks

    On August 7, 2025, President Trump issued an executive order aimed at ending what the administration calls "politicized debanking."
    United StatesFinance and Banking
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Fair Lending In The Age Of Ability To Repay And Qualified Mortgages

    We have now been operating for close to 16 months under the effect of the Ability to Repay and Qualified Mortgage Rules, and the results thus far look like a mixed bag.
    United StatesFinance and Banking
    Butler Snow LLP
    Butler Snow LLP
  • Article

    How Companies Can Subsidize Project Costs With The New Markets Tax Credit Program

    If you are interested in the revitalization of commercial development projects and are looking for ways to assist with financing, the New Markets Tax Credit (NMTC) Program may be the answer.
    United StatesFinance and Banking
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Loans To Military Servicemembers: A Refresher And An Update

    Regulators have raised some questions in recent exams about the Servicemembers' Civil Relief Act and the Military Lending Act.
    United StatesFinance and Banking
    Butler Snow LLP
    Butler Snow LLP
  • Article

    New Executive Order Targets AML/KYC Compliance For Banks And Customers With Unverified Work Authorization

    Financial institutions should prepare for increased regulatory attention to customer due diligence, customer identification, and consumer credit risk involving non-work authorized individuals and customers whose lawful immigration...
    United StatesFinance and Banking
    Butler Snow LLP
    Butler Snow LLP
  • Article

    So You Think You Want To Sell The Bank

    Given, among other things, the current bank regulatory environment and dim prospects for future community bank profitability, many community bank boards are now considering the possibility of partnering with a like-sized institution or an outright sale to a larger institution.
    United StatesFinance and Banking
    Butler Snow LLP
    Butler Snow LLP
  • Article

    The 120 Days Before Foreclosure Requirement

    Many of you still have questions about the CFPB's RESPA (Regulation X) Mortgage Loan Servicing Rule that requires a delinquency period of more than 120 days before you can initiate a foreclosure.
    United StatesFinance and Banking
    Butler Snow LLP
    Butler Snow LLP
  • Article

    CMS Grants Additional Mississippi And Louisiana 1135 Waivers

    As we reported in another item posted here, on March 13, 2020, pursuant to section 1135(b) of the Social Security Act, the Secretary of the United States Department of Health
    United StatesFood, Drugs, Healthcare, Life Sciences
    Butler Snow LLP
    Butler Snow LLP
  • Article

    CMS Issues New And Revised Blanket Waivers

    On April 30, 2020, CMS issued several new and revised blanket waivers for health care providers retroactively effective March 1, 2020, through the end of the emergency declaration.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Court Deals Setback To Trump's Immigration Policy

    A federal appeals court on Thursday, February 9 unanimously ruled against President Trump's controversial "travel ban" Executive Order that attempted to bar foreign nationals from a list of...
    United StatesImmigration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    My Opinion About Insurance Coverage Opinions

    As anyone with a large insurance practice knows, insurance companies sometimes reach out to outside counsel not to request the defense of a lawsuit against an insured (or perhaps the insurer itself)...
    United StatesInsurance
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Nickelodeon Teaches Sound-Alike Trademarks

    My kids recently watched an episode of Nickelodeon’s teen sitcom Sam & Cat, starring Jennette McCurdy and Ariana Grande. Yes, it really was my kids who turned it on. I was in the other room working.
    United StatesIntellectual Property
    Butler Snow LLP
    Butler Snow LLP
  • Article

    The Mental Challenges Judges Face

    Serving as a judge is a unique experience. In Texas, where judges are selected in the general election on a partisan ballot, judges must campaign for their jobs.
    United StatesLaw Department Performance
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Arbitration Agreements: Make Your Own Rules Of Civil Procedure

    Generally, a party in litigation is constrained to follow the applicable State or Federal Rules of Civil Procedure as they navigate through each stage of the case.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    ESI Discovery Best Practices, Part 8 – Joni Mitchell Lyrics From 40 Years Ago Foreshadow ESI Spoliation Battles Of Today

    While it is possible that with four decades of music, Joni Mitchell's lyrics have been referenced in a court opinion before, I'd venture a guess that Ms. Mitchell has never made an appearance in an ESI case.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Montgomery v. Caribe Transport

    The Supreme Court's unanimous decision in Montgomery v. Caribe Transport II, LLC has fundamentally altered the landscape for freight brokers facing negligent hiring claims. After years of conflicting court decisions on whether federal law shields brokers from state tort liability, the nation's highest court has definitively ruled that such claims fall within the FAAAA's safety exception and are not preempted.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Practical Guidance On Application Of Caps On Non-Economic Damages And Punitive Damages

    On April 1, 2015, the Tennessee Court of Appeals (Western Section) decided Moneypeny v. Kheiv, Case No. W2014-00656-COA-R3-CV (Tenn. Ct. App. April 1, 2015).
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Seeking To Recuse A Judge Is Risky, But At Times, It’s A Risk That Must Be Taken

    Judicial recusal in Texas litigation presents a high-stakes dilemma for parties questioning a judge's impartiality. While successfully removing a presiding judge is rare, Texas law provides specific grounds for recusal when circumstances would cause a reasonable observer to doubt judicial neutrality, balancing the need for impartial tribunals against judges' authority to make difficult decisions.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Showing 821–840 of 1389 results

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