ArticleC-PACE Offers Benefits For Energy Efficient Properties In Many StatesRegardless of arguments as to its cause, climate change is real and its negative effects on health and the environment are evident.United StatesReal Estate and ConstructionMcGlinchey Stafford
ArticleDid I Waive The Terms Of My Contract?In this appeal, the Court of Appeals for the Sixth Circuit reversed and remanded the District Court for the Northern District of Ohio's decision, finding the debt collector violated the Fair Debt Collection Practices Act...United StatesFinance and BankingMcGlinchey Stafford
ArticleIs A Continuing Tort An "Event Or Occurence" Under CAFA’s Mass Action Provisions?The Third Circuit held that CAFA’s phrase "an event or occurrence" is not limited to something that happened at a particular moment in time.United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleCFPB Takes Adverse Action Against Machine LearningIn 2020, the CFPB blogged that Regulation B's flexibility can be compatible with AI algorithms, because "although a creditor must provide the specific reasons for an adverse action…United StatesFinance and BankingMcGlinchey Stafford
ArticleCFPB Poised To Up The Ante After Supreme Court VictoryThis is the second part of a two-part series on Consumer Financial Protection Bureau v. Community Financial Services Association of America. Read part one here. In what should not come as a surprise to anyone... United StatesFinance and BankingMcGlinchey Stafford
ArticleThorogood Tried 1 Bourbon, 1 Scotch, 1 Beer, And Got SlammedThis story of house-main blues is about a dryer instead of being able to pay the rent. United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
Article"My Client Wanted To Remove But The District Court Said No, No, No. "Any Defendant" Does Not Mean "Any Defendant.""A District Court in California remanded the action to state court finding that use of the term, "any defendant" in 28 U.S.C. § 1453(b) does not change the long standing rule that only original defendants can remove. United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleWhen Does A Plaintiff Have A Right To A Jury Trial Under The CSPA?In this appeal, the Eighth Appellate District reversed the trial court's decision under the Fraudulent Transfer Act case to the extent it was based upon the grounds that the statute of limitations expired...United StatesFinance and BankingMcGlinchey Stafford
ArticleDoes CAFA Permit Appellate Review Of Sua Sponte Remand Orders?In this appeal, the Tenth Appellate District affirmed the trial court's decision, agreeing that although the acknowledgment clause erroneously stated the previous sheriff's name, the clause substantially complied...United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleCan I Recover Excess Proceeds From A Foreclosure Sale?In this appeal, the Eighth Appellate District considered who is entitled to excess sale proceeds; another mortgagee (who never appeared or answered in the case) or the borrower...United StatesFinance and BankingMcGlinchey Stafford
ArticleCan I Enforce The Arbitration Clause In A Terminated Agreement?In this appeal, the Ninth Appellate District affirmed the trial court's decision, agreeing that the alleged agreement was barred by the Statute of Frauds under R.C. 1335.05 as it was...United StatesLitigation, Mediation & ArbitrationMcGlinchey Stafford
ArticleRescheduling Marijuana FAQs: Cannabis-Related InvestmentsOn May 21, 2024, the Drug Enforcement Agency (DEA) filed the Proposed Rule to move marijuana from Schedule I of the Controlled Substances Act (CSA) to Schedule III of the CSA.United StatesCannabis & HempMcGlinchey Stafford
ArticleRescheduling Marijuana FAQs: How Do I Submit Comments On DEA's Proposed Rules?On May 16, 2024, the U.S. Drug Enforcement Administration (DEA) released the proposed rule (Proposed Rule) to reschedule marijuana from Schedule I to Schedule III...United StatesCannabis & HempMcGlinchey Stafford
ArticlePodcast: Securing Retail Space For Your Cannabis Business (Episode 1 Of 2)Obtaining retail space for any small business is a big move. There are many issues to consider, and working with a knowledgeable real estate lawyer helps to avoid surprises down the road.United StatesCannabis & HempMcGlinchey Stafford
PodcastDeFi And Digital Assets: What Do The UCC Amendments Mean For Business Transactions? (Podcast)Big changes are coming to the UCC, the Uniform Commercial Code, with regard to cryptocurrency and other digital assets. What will that mean to business transactions involving those digital assets going forward?United StatesTechnologyMcGlinchey Stafford
ArticleNo More Cap On Holder's Liability: A New FTC Perspective On The Holder RuleOn January 18, 2022, the FTC issued an advisory opinion to clarify that the FTC's Trade Regulation Rule Concerning Preservation of Consumers' Claims and Defenses, 16 C.F.R. § 433.2, does not preclude the recovery of attorneys' fees ...United StatesConsumer ProtectionMcGlinchey Stafford
ArticleFinTech Regulation: How True Lender, Valid-When-Made, And The Fight About Usury Impact FinTech Business ModelsThe laws governing the financial technology ("FinTech") services companies have continued to develop.United StatesTechnologyMcGlinchey Stafford
ArticlePodcast: How Does DeFi Impact Insurance, Employment, And Litigation?You may have heard things about cryptocurrencies and decentralized finance. How are these developments going to impact areas that range from insurance to employment to litigation?United StatesTechnologyMcGlinchey Stafford
PodcastDeFi And Tax: How Are Digital Currencies Treated By The IRS? (Podcast)Cryptocurrency has gained in popularity. Many finance companies have begun offering digital loyalty points and rewards. This sounds appealing until it's time to figure out how and when digital currency may be taxed.United StatesTechnologyMcGlinchey Stafford
ArticleFCRA Litigation UpdateThis article will review recent important rulings in Fair Credit Reporting ("FCRA") Act cases. Specifically, the cases relate to (1) the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act")...United StatesConsumer ProtectionMcGlinchey Stafford