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Business and Corporate Law

Supreme Court Clarifies Bankruptcy Court Jurisdiction over Stern Claims, But Declines to Rule on Issue of Consent

In 2011, the Supreme Court issued a decision that shook up the bankruptcy world. In Stern v. Marshall, 131 S. Ct. 2594 (2011), the United States Supreme Court held that because they were not created ...

DCA Partners on Lender Liability: Good Faith Is Critical

Drew, Cooper & Anding partners John Anding and Ted Westbrook shared some of the insights they have gained from years of representing clients--both plaintiffs and defendants--in bank litigation in a recent article published in the ...

Mortgage Holders Cannot Sustain Class Action Against Bank Of America

After the recent economic collapse, a number of homeowners struggled to keep up with their mortgage payments. In response, the federal government established the Home Affordable Modification Program (HAMP) to help homeowners and banks come ...

Circuits Split over Inherited IRAs in Bankruptcy Cases

Bankruptcy in the United States courts has always been a battle between competing interests. On one hand, bankruptcy exists for the benefit of creditors; the bankrupt party (the “debtor”) generally works with the court and ...

CFPB Releases Mortgage Complaint Data

On March 28, 2013, the Consumer Financial Protection Bureau (CFPB) expanded its Consumer Complaint Database (CCD) to include complaints involving mortgages, student loans, bank services, and other types of loans. The expansion also features added ...

Fourth Circuit Extends FCA Statute of Limitations in Wartime

Under the False Claims Act (FCA), whistleblowers must file their qui tam claims within six years of the alleged violation (or within 10 years if the case is filed within 3 years of the whistleblowers ...

New Rules for Mortgage Lenders

The Consumer Financial Protection Bureau (“CFPB”) was created in 2010 as part of a wave of legislation attempting to make the subprime mortgage crisis a one-time disaster. Driven by Senator Elizabeth Warren, the CFPB was ...

Department of Justice Intervenes in Whistleblower Suit Against Lance Armstrong

On February 22, 2013, the U.S. Department of Justice (DOJ) announced that it will intervene in a Qui Tam whistleblower suit filed against Lance Armstrong, his team manager and Tailwind Sports, LLC. The lawsuit was ...

“Honeygate” Sting Fines Michigan Company for Anti-Dumping Violations

A joint operation by the U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection Agencies resulted in a $2 million fine levied on Onsted, Michigan based Groeb Farms. Officials alleged that the ...

Is it Plausible? Take Care When Crafting Copyright Infringement Complaints

The purpose of the Copyright Act of 1976 is to recognize the value of the copyright to the copyright holder, to encourage creativity, and to promote socially desirable works that augment United States culture. But ...