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  • Article

    CA Supreme Court: Interest Rates On Consumer Loans In Excess Of $2,500 Can Be Challenged As Unconscionable Under California Law

    The California Financial Code imposes caps on the interest rates that lenders may charge on consumer loans for less than $2,500.
    United StatesFinance and Banking
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    PA Supreme Court Addresses Recovery Of Costs And Fees Under Act 6

    Under a Pennsylvania statute commonly referred to as "Act 6," a lender must give a residential borrower at least thirty days' notice before it may commence foreclosure proceedings.
    United StatesFinance and Banking
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Seventh Circuit Holds That FIRREA’s Time Limit For Seeking Judicial Review Of A Disallowed Claim Is Jurisdictional

    Under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), customers of failed banks that have been taken over by the Federal Deposit Insurance Corporation (FDIC) must, in the first instance, submit any claims they may have against the bank for resolution by the FDIC. If the FDIC disallows the claim, either expressly or by failing to act on the claim within 180 days, the claimant has 60 days to seek judicial review of the FDIC’s decision.
    United StatesFinance and Banking
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Third Circuit Holds That Only "Material" Representations By A Debt Collector Are Actionable Under The FDCPA

    Joining a national trend, the United States Court of Appeals for the Third Circuit recently held that a plaintiff must allege more than just a misleading representation to prevail on a claim under the Fair Debt Collections Practices Act (FDCPA).
    United StatesFinance and Banking
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    The Second Circuit Applies The Moench Presumption To The Administration Of A Lehman Brothers Retirement Savings Plan

    The United States Court of Appeals for the Second Circuit is the latest appellate court to apply the Moench "presumption of prudence" under ERISA to protect plan fiduciaries from liability despite the total collapse of the plan’s investment in company stock.
    United StatesFinance and Banking
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Universities And Sports Betting: New Hampshire Federal Court Sets Aside 2019 DOJ Opinion On The Wire Act

    Earlier this year, the Department of Justice issued a memorandum opinion that effectively reversed the DOJ's 2011 guidance and advised federal prosecutors that the Wire Act's prohibition against interstate gambling ...
    United StatesMedia, Telecoms, IT, Entertainment
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Aviation Happenings: Spring 2020

    The Spring 2020 edition of the Aviation Group's newsletter examines some of the most recent and relevant cases and developments in aviation...
    United StatesTransport
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    FFIEC Proposes Guidance For Use Of Social Media By Banks

    The primary bank regulatory agencies, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Consumer Financial Protection Bureau and the State Liaison Committee of the Conference of State Bank Supervisors (collectively, the Federal Financial Institutions Examination Council, or "FFIEC") recently proposed guidance for their respective regulated financial institut
    United StatesFinance and Banking
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Changes To Federal Court Practice Affect Jurisdiction, Removal, And Venue

    Big changes for any attorney who practices in the United States federal courts are here. Effective with all new state and federal lawsuits commenced on or after January 6, 2012, the Federal Courts Jurisdiction and Venue Clarification Act of 2011, H. R. 394, P.L. 112-63 (the "Act") has significant implications for diversity jurisdiction and clarifies numerous issues related to removal procedures by resolving differences among the Circuit Courts.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    OFCCP Directive Warns Against Blanket Criminal Record Exclusions For Applicants

    With the signing of the Office of Federal Contract Compliance Programs’ (OFCCP) Directive No, 306, Director Patricia Shiu is taking aim at government contractors that exclude all job applicants who have a criminal record.
    United StatesEmployment and HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Pennsylvania's Shared Work Program May Provide Options For Employers Looking To Avoid Layoffs

    In 2011, in response to the Great Recession, Pennsylvania joined a handful of states in enacting work sharing legislation (also known as short-time compensation).
    United StatesEmployment and HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Proposed Minnesota Legislation To Prohibit Most Non-Compete Covenants

    Anti-not to compete legislation H.F. No. 506 was introduced in the Minnesota House of Representatives on February 11 that would, if enacted, broadly void "any contract that prohibits a party to that contract from exercising a lawful profession, trade, or business" except in three specific instances:
    United StatesEmployment and HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Pennsylvania Supreme Court Expands Liability Under Consumer Protection Law

    The jury returned a verdict for the defendants on the fraudulent and negligent misrepresentation claims, but the trial court ruled in Plaintiffs' favor on the CPL claim.
    United StatesConsumer Protection
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Limited Extension Of USPTO Trademark Deadlines Under The CARES Act

    On March 31, 2020, the United States Patent and Trademark Office (USPTO) issued an advisory Notice (Notice) on the waiver of certain trademark-related deadlines for those who have been personally affected by the COVID-19 outbreak.
    United StatesCoronavirus (COVID-19)
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    All Companies Registered To Do Business In Pennsylvania Are Subject To The Courts' General Jurisdiction

    In a decision not following developing nationwide rulings regarding the effect of registration to do business, the Pennsylvania Superior Court, in a unanimous decision, held that foreign companies...
    United StatesCorporate/Commercial Law
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    The Pennsylvania Capital Stock Tax Is No More—Now What?

    With the April 15 deadline for calendar year Pennsylvania Corporate Tax Report (RCT-101) filers right around the corner, it is worth remembering that the Pennsylvania Capital Stock/Foreign Franchise Tax ("CS/FFT") has finally been allowed to expire for tax years beginning after December 31, 2015.
    United StatesCorporate/Commercial Law
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    It's A Slam Dunk: Take Steps Now To Avoid Tough Lessons Learned By Several NCAA Basketball Programs

    The more critical aftershock, however, will be the effort undertaken by the universities to work toward changing their culture and improving compliance.
    United StatesCriminal Law
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    3d Circuit Clarifies Standard In FCA Retaliation Cases

    In a precedential decision, the Third Circuit Court of Appeals held that the "but-for" standard applies in retaliation cases filed under the False Claims Act (FCA).
    United StatesEmployment and HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Federal Court Dismisses Complaint Against EEOC For Unauthorized Use Of Employer’s E-Mail System

    Late last year we reported that Case New Holland, Inc. (CNH) had sued the EEOC after learning that the agency, in the course of investigating a claim of age discrimination, had sent a blast email. This email was linked to a questionnaire and sent to 1300 employees at their work email addresses at the beginning of their workday.
    United StatesEmployment and HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Ninth Circuit Panel Reverses Denial Of Uber's Motion To Compel Arbitration Of Misclassification Claims And Upholds Class Action Waiver

    A panel of the Court of Appeals for the Ninth Circuit unanimously decided last week that a properly-drafted arbitration clause that waives class actions and reserves to the arbitrator the determination of whether a dispute ...
    United StatesEmployment and HR
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP

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