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State and Federal Policy on ESG Issues Creates Tensions for Financial Institutions

By: Maria Vladimirova Geltz on January 25, 2023

Corporate awareness of environmental, social and governance (“ESG”) risks has grown significantly in the last decade, making ESG issues a strategic priority for many boards and executives. As a result, companies, both large and small, continue to grapple with how ESG issues affect their risk…

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President Biden Weighs in on Financial Services “Junk Fees”

By: Brett J. Ashton on October 27, 2022

           On the heels of the Consumer Financial Protection Bureau (the “CFPB” or the “Bureau”) consent order with Regions Bank last week in connection with alleged unfair and deceptive overdraft practices (the “Regions Consent Order” discussed in our earlier Client Alert), CFPB Director Rohit Chopra was…

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CFPB Announces Consent Order with Bank for "Authorized-Positive Overdraft Transactions"

By: Brett J. Ashton on September 29, 2022

     The Consumer Financial Protection Bureau (the “CFPB” or the “Bureau”) announced yesterday that they had entered into a consent order (the “Consent Order”) against a financial institution for “unfair” and “abusive” acts and practices in connection with their assessment of overdraft fees tied to so…

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Your Customer Is Heading Towards Bankruptcy, What Should You Do Now?

By: Kay Dee Baird on June 23, 2022

As inflation and interest rates rise, a recession is likely coming. A recession means more bankruptcy filings. Providers of goods and services often unknowingly find themselves embroiled in bankruptcy litigation if the provider received payment within 90 days of the customer’s bankruptcy filing.…

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Website Compliance with the ADA: Is Your Company Compliant With the Latest DOJ Guidance?

By: Brett J. Ashton and Libby Yin Goodknight on June 8, 2022

While commercial businesses are typically aware of their responsibilities under the Americans with Disability Act (the “ADA” or the “Act”) relative to the maintenance of their physical office spaces and general corporate policies, some businesses have been the recipients of demand letters alleging…

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Recent Developments in Fair Lending Discrimination as a UDAAP Violation and Algorithmic Redlining

By: Brett J. Ashton on June 2, 2022

Since his appointment on October 12, 2021, Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) Director Rohit Chopra has embarked on an aggressive campaign to identify and punish discriminatory practices in the financial services industry. While heightened regulatory scrutiny of fair…

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Indiana’s Newly Passed LIBOR Legislation Immediately Preempted by Federal Counterpart

By: Brett J. Ashton, Ann Marie Woolwine, and Kyle P. Chambers on March 31, 2022

The world’s most popular contractual benchmark rate, the London Interbank Offered Rate or “LIBOR,” is being discontinued. Many LIBOR-based contracts contain inadequate provisions, or none at all, to deal with the discontinuation of LIBOR (“Vulnerable Contracts”). Lenders and industry leaders have…

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CFPB Significantly Expands UDAAP Authority to Address Discrimination

By: Brett J. Ashton on March 21, 2022

Since his appointment on October 12, 2021, Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) Director Rohit Chopra has embarked on an aggressive campaign to identify and punish discriminatory practices in the financial services industry. While heightened regulatory scrutiny of fair…

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CFPB Targets “Junk Fees” – What Does This Mean for Your Financial Institution?

By: Brett J. Ashton on February 3, 2022

The Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) recently issued a series of press releases and blog posts focused on the issue of so called “junk fees” consumers pay their banks, credit unions, and other financial institutions. Several of the largest banks in the country have…

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Indiana Senate Bill Would Replace LIBOR When Necessary

By: Ann Marie Woolwine and Kyle P. Chambers on January 28, 2022

Trillions of dollars are tied up in lending contracts that rely on the London Interbank Offered Rate (“LIBOR”) as their benchmark rate. On June 30, 2023, LIBOR will no longer be published in any capacity.1 Many LIBOR-based contracts contain inadequate provisions, or none at all, to deal with the…

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Overview of New Federal COVID-19 Vaccination Requirements for Employers (Podcast)

By: Shelley M. Jackson and George C. Lepeniotis on November 17, 2021

Employment Practice attorney Shelley M. Jackson discusses the new vaccination requirements for employers with over 100 employees.

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Mandatory Federal Registration Requirement for High-Volume Paper Bankruptcy Notice Recipients Effective December 1, 2021

By: C. Daniel Motsinger on November 12, 2021

As noted recently by some United States Bankruptcy Courts, effective December 1, 2021, the Director of the Administrative Office of the United States Courts (the “AO”) has designated any entity that receives 100 or more paper bankruptcy notices in a single calendar month as a high-volume paper…

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