DCA Blog

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 designed to put fairly heavy regulations on lending institutions: regulations that not only would punish banks for misdeeds, but also would require all mortgage lending institutions to be more discerning in their lending practices. The carrot for the lenders is that following the strict guidelines to the letter in many cases gives the lender a safe harbor from borrowers. The safe harbor exists when a lender makes what the CFPB is calling “qualified” mortgages.

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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.

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“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.

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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 how valuable is a copyright when it becomes almost impossible for a plaintiff to successfully sue for copyright infringement? Increasing the difficulty in enforcing a copyright lessens the value of the copyright--which works against the very purpose of the Copyright Act. Recent developments in federal case law have indeed made it harder than ever for a plaintiff copyright holder to successfully enforce his copyright. A trend arising in the courts may result in a higher pleading standard for copyright plaintiffs, which would lead to more copyright cases being dismissed at the pleading stage.

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Justice Delayed But Not Denied

The Sixth Circuit Court of Appeals recently upheld Congress’ 2009 Amendment of the False Claims Act. Congress, enacting the Fraud Enforcement and Recovery Act (FERA), lowered the standard of liability under the False Claims Act. The previous standard imposed liability for “knowingly making a false record or statement to get a false or fraudulent claim paid or approved by the government.” The new, significantly broader standard imposes liability for “knowingly making a false record or statement material to a false or fraudulent claim.”

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