ArticleStay Atop Emerging Threats To Fight CybercrimeIt is a relentless battle to protect your data from hackers, fraudsters and even nation-states that commit cyberattacks against the financial services sector.United StatesFinance and BankingMcGlinchey Stafford
ArticleAs Life Is Not Eternal, Injunction Also Cannot Run Ad InfinitumNationwide is NOT on your side, say the plaintiffs in this case. In this action, a District Court in Ohio held that if the court’s ruling requires a business establishment to change its business practice, then such "business practice" costs may be included in determining the amount in controversy. United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleIf The Burden Is On You To Prove The Amount In Controversy, Be Sure To Check Your Math!As lawyers, sometimes we are not the best number crunchers. After all, many of us pursued degrees in Political Science because there was very little math required.United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleIs My Arbitration Agreement Enforceable?McGlinchey's Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleThe Badlands Give A Good Opinion For CAFA JurisdictionIn this action a District Court in South Dakota held that denial of class certification is merely a change of a jurisdictional fact and such changes do not affect the continuation of jurisdiction under CAFA. United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleYou Know That Award For Most Boring Case Ever Written? Yeah, We Have A Winner.Here is a rare appellate snoozer that we have boiled down for you. United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleUpdate On The California Consumer Privacy Act And Other States' ActionsCalifornia became the first state in the nation to grant its citizens new and enhanced privacy rights when it enacted the California Consumer Privacy Act of 2018 (CCPA).United StatesPrivacyMcGlinchey Stafford
ArticleEPA's PFAS Enforcement Discretion And Settlement Policy Under CERCLAOn April 17, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule designating perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS)...United StatesEnvironmentMcGlinchey Stafford
ArticleOklahoma To Require Registration Of "Administrators" Of Motor Vehicle Debt Waivers & Value Protection AgreementsWhile it is not novel to see administrator registration requirements for vehicle service contracts or other vehicle protection products, Oklahoma recently enacted SB 541 which now requires...United StatesFinance and BankingMcGlinchey Stafford
ArticleCalifornia's New Legislation Takes Aim At GAP WaiversCalifornia Attorney General Rob Bonta has never minced words in expressing his position that consumers should be protected from guaranteed asset protection (GAP) waivers.United StatesFinance and BankingMcGlinchey Stafford
ArticleAll Representative Actions Are Not Removable Under CAFAThe plaintiffs filed a complaint in the state court as private attorney generals alleging violations by various American Express corporate defendants of the D.C. Consumer Protection Procedures Act.United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleAmbiguity Goes In Favour Of The Non-Removing PartyPlaintiffs, a group of mechanics, filed a putative wage-and-hour class action in the Superior Court of California, San Diego County.United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleBenefit Of Ambiguity In Complaint Goes To DefendantIt makes sense that if you work at the dollar store, you are only going to get paid a dollar an hour. United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleCourts (At Least This One) Always Respect Pleadings Made In Good FaithBrey Corp. v. LQ Management LLC, No. AW-11-cv-00718-AW, 2011 WL 5244647 (D. Md. Nov. 1, 2011).United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleLazy Defendants Lost The Second ChanceA District Court in California held that while calculating the value of the injunctive relief, the calculation should be limited to those employed at the time of filing the suit because the former employee class members do not possess standing to pursue injunctive relief as they would not benefit from the injunction.United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleOCC Advises "Careful And Cautious" Approach To FinTech-Bank PartnershipsOn Wednesday, September 7, 2022, acting Comptroller of the Currency Michael J. Hsu gave remarks in New York City at the Clearing House + Bank Policy Institute Annual Conference.United StatesTechnologyMcGlinchey Stafford
ArticleASTM's 2021 Standard Soon To Be Referenced In EPA's All Appropriate Inquiries (AAI) RuleIn November, 2021, the American Standard for Testing and Materials (ASTM) published its E1527-21 (-21 Standard), its 2021 update to its Standard Practice for Environmental Site Assessments.United StatesEnvironmentMcGlinchey Stafford
ArticleDo I Have A State Court Standing Defense?In this matter, the Second Appellate District dismissed the appeal as the issue of whether the trial court correctly determined the accounting on the promissory note...United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleThe First Circuit Rules That Federal Law Has Its Limits - Who Knew?Plaintiffs nationwide sought to bring claims on behalf of all persons or entities in the United States who were current or former owners of several particular vehicles, alleging that the engines were defectively designed and that the defendants concealed the defects. United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleThis Subprime Bubble Will Burst In State CourtIn an action brought by borrowers alleging fraudulent and negligent misrepresentation against national banks, a district court remanded the case to state court, finding that the defendants primarily failed to meet their burden to establish that this was a mass action under CAFA.United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford