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  • Article

    CFPB Small Business Panels: What A Change In ‘Size Standards’ Could Mean

    The Dodd-Frank Consumer Financial Protection Act gave the new Consumer Financial Protection Bureau (CFPB) the honor of being one of only three agencies subject to a statute that is aimed at providing extra protection for small businesses.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    FFIEC Increasingly Focuses On Cybersecurity Awareness

    The Federal Financial Institutions Examination Council, is increasingly focused on cybersecurity risks to financial institutions.
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Regulations Finalize Treatment Of Basis Of Indebtedness Of S Corporations To Their Shareholders

    Regulations issued July 23, 2014 finalize certain treatment of the basis of indebtedness of S corporations to their shareholders.
    United StatesTax
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Trying To Minimize Fire Risks In A Sustainable World

    Reducing cancer and noncancer risks from flame retardants has become a priority, to one degree or another, of the Environmental Protection Agency, the European Union's, the State of California, and other regulatory programs, but it has proven and will continue to prove to be a difficult task balancing that goal with the goal of minimizing risks from fires.
    United StatesEnvironment
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    One Big Misunderstanding: FDIC Clarifies That Caution On Higher-Risk Activity Is Not A Prohibition On Third-Party Payment Processor Relationships

    The misunderstanding targeted by the new FIL stems from three of the FDIC's previous Financial Institution Letters, FILs 127-2008, 3-2012 and 43-2013.
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    $45 Million Cyber-Attack Is Object Lesson From Verizon Study Showing No Business Is Safe, But Financial Institutions Bear Big Data Breach Risk

    Newspapers around the world recently reported that a sophisticated and well-coordinated cyber-attack resulted in the theft of $45 million from thousands of ATMs worldwide.
    United StatesPrivacy
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    The OCC’s New Stance: FDIC Insurance Required For ‘Trust-Only’ National Banks

    A trust-only bank must obtain FDIC insurance in order to be granted a charter.
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    The CFPB Issues Proposed International Money Transfer Larger Participant Rule

    Proposed rule would subject international money transmitters with at least one million aggregate annual transfers to the CFPB’s supervision and examination of compliance with federal consumer financial laws.
    United StatesConsumer Protection
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Court Of Chancery Holds That ‘Discovery Rule’ Cannot Toll Claims Beyond A Contractually Established Limitations Period

    In ENI Holdings, LLC v. KBR Group Holdings, LLC, the Delaware Court of Chancery ruled that parties to a stock purchase agreement may shorten the limitations period for contractual recovery by way of a clause providing for the survival, and subsequent termination, of representations.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    DelawAre Supreme Court Reverses Chancery And Gives Collateral Estoppel Effect To California Federal Court’s Dismissal Of Derivative Claims

    In its widely followed Allergan decision, the Delaware Court of Chancery declined to apply collateral estoppel to dismiss a Delaware derivative complaint even though a California federal court dismissed (with prejudice) essentially the same complaint brought by different stockholders.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Third Circuit: Securities Fraud Liability May Be Imputed To Employer Whose Employee Ran Ponzi Scheme On The Side

    On February 22, 2013, in the precedential opinion in Belmont v. MB Inv. Partners, Inc., a unanimous panel of the U.S. Court of Appeals for the Third Circuit reversed in part a ruling of the District Court for the Eastern District of Pennsylvania.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    A Real-Life Analysis Of The New Wage Deduction Rules In New York: What The Legislature Giveth, The Regulators Have Taketh Away

    Last week, the New York State Department of Labor issued regulations to implement the 2012 amendments to New York’s wage deduction law.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Eight Steps To Building A Strong Anti-Bullying Policy

    There are currently no federal or state laws that specifically prohibit bullying in the workplace, but this, however, may soon change.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Pennsylvania Supreme Court Reaffirms The Dunham Rule - Natural Gas Is Presumptively Not A Mineral For Purposes Of Private Deeds

    When the Pennsylvania Superior Court issued its opinion in Butler v. Charles Powers Estate in 2011, it seemed to cast doubt on the ongoing applicability of either the longstanding Dunham Rule or the rule announced in United States Steel Corporation v. Hoge.
    United StatesEnergy and Natural Resources
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    The World Green Building Council makes "The Business Case For Green Building"

    A discussion which focuses on whether a green building is a wise business decision.
    United StatesEnvironment
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Want To Find Out About "Big Things" And "Decoding Green"? – Check Out The Pa / NJ Sustainability Symposium

    In its third year, the PA / NJ Sustainability Symposium bills itself as an event that "brings together industry, education and community leaders to share best practices, ask challenging questions and provide cutting edge information about sustainability in the Delaware Valley."
    United StatesEnvironment
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Public Officials, Financial Disclosure And A New Era Of Liability

    The Securities and Exchange Commission is making it clear: Government leaders who issue misleading financial information are putting themselves at risk.
    United StatesGovernment, Public Sector
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Automatic Stay: Rolling The Dice With A Tax Deed

    A discussion on whether the IRS can issue a tax deed for real property after a bankruptcy has been filed where the tax sale took place prior to bankruptcy, or is that to be considered a violation of the automatic stay.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Third Circuit Reconciles Split Over The Standard For Deciding Motions To Compel Arbitration And Clarifies When Discovery Is Allowed On The Arbitrability Issue

    In Guidotti v. Legal Helpers Debt Resolution, LLC, the United States Court of Appeals for the Third Circuit reconciled a split on which standards apply to motions to compel arbitration.
    United StatesLitigation, Mediation & Arbitration
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Court of Federal Claims Holds Contract Term Prescribing Adjustment For Variances Does Not Bar Claim For Breach Of Contract Based On Negligent Estimates

    This action arose out of a contractor’s claim for additional compensation for unanticipated work.
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP

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