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Last year, the Eleventh Circuit was the first to hold that a debt collector engages in deceptive, misleading, unfair, or unconscionable conduct in violation of the Fair Debt Collection Practices Act (the "FDCPA") by filing a bankruptcy proof of claim on a debt that is barred by the applicable statute of limitations.
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Because the vast majority of U.S. publicly traded companies are incorporated in Delaware, legal developments in Delaware have a particularly important impact on legal standards governing corporate conduct in the U.S. Delaware law is particularly influential with respect to the responsibilities and potential liability exposures of corporate directors. In a series of recent opinions written by Chief Justice Leo E. Strine Jr., the Delaware Supreme Court has, according to an October 22, 2015 memo from the Skadden law firm “reaffirmed Delaware’s deference to the business judgment of disinterested corporate decision-makers and restored important protections for directors that had been weakened by prior court decisions.”
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Today we welcome Ted Williams, Partner, Piper Alderman.
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In advance of the November 19, 2015 Patent Public Advisory Committee meeting, the USPTO has distributed its first fee change plan. As a reminder, the agency was given fee setting authority under the America Invents Act, this is the first time that authority is being exercised.
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A plethora of scrutiny alerts and updates, dismissed, quotable, and for the reading stack.  It’s all here in the Friday roundup. 
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Non-US banks can engage in banking activities in the US through direct offices such as branches, agencies and representative offices or through bank subsidiaries. Branches and agencies can engage in banking activities, with more limited activities permissible for agencies (usually with respect to deposit-taking activities). Representative offices cannot engage in actual banking activities and are used for solicitation of certain banking business and liaison with customers. 
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220 people
Lorene Schaefer's profile photo
Rutter Mills Personal Injury Law Firm's profile photo
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A week or so ago, Robin Shea had a great post at the Employment and Labor Insider in which she listed ten of the hottest litigation trends at the EEOC. You’ll find some obvious ones (ADA accommodations, retaliation), and maybe one or two that may not be on your radar (immigrant/migrant/”vulnerable” workers). 
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A Washington jury has found accounting firm Ernst & Young ("E&Y") liable for at least $10 million of losses suffered by a Washington investment company that invested in Bernard Madoff's infamous Ponzi scheme through a "feeder fund" audited by the firm. 
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Last week Assistant Attorney General Leslie R. Caldwell spoke at the SIFMA Compliance and Legal Society New York Regional Seminar. In this speech she discussed the new Department of Justice (DOJ) Compliance Counsel. While emphatically noting that this new position was not an explicit or even tacit recognition of a compliance defense, Caldwell did state that DOJ lawyers are prosecutors and not compliance professionals. 
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Can a plaintiff support a collective lawsuit if some of the individuals in the purported class have not suffered any harm? The Supreme Court took up this question during yesterday’s oral argument in Tyson Foods v. Bouaphakeo, a case that will go a long way to deciding the continued viability of class or collective actions to decide wage and hour lawsuits. 
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The New York AG may have launched a new trend this week. Using the Martin Act, he filed a settled action against the largest coal producer in the nation alleging false statements regarding the firm’s ability to project the impact of climate change on its future business operations. Many of the statements were in filings made by the firm with the SEC. At the same time Exxon acknowledged receiving a subpoena from the Attorney General apparently based on the same kind of inquiry.
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The question whether concerns about climate change-related disclosures might lead to regulatory enforcement actions or even liability claims has been around for some time, but though the concerns have remained, the regulatory actions and liability claims have not really materialized.  However, in the past week, the service of a subpoena on Exxon Mobil Corp. by New York Attorney General Eric T. Schneiderman has raised the possibility that an enforcement action against the energy giant relating to its climate change-related disclosures may be in the works. The Attorney General’s action also raises the question whether other companies and industries could also be targeted. These possibilities highlight possible corporate climate change-related enforcement and liability exposures.
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Have them in circles
220 people
Lorene Schaefer's profile photo
Rutter Mills Personal Injury Law Firm's profile photo
Ronald Hedding's profile photo
Yasin Alhamed's profile photo
La Corte Degli Ulivi Gallery's profile photo
Jim Stavin's profile photo
R. Shannon Carpenter's profile photo
Philip Miles's profile photo
Ashley Morgan's profile photo
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Legal news, articles, podcasts, and more by legal experts from a broad array of practice areas.
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Legal news, articles, podcasts, and more by legal experts from a broad array of practice areas.