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Consumer Finance Litigation Blog

CFPB Receives Strategy Lesson—Court Holds it Overreached by Investigating For-Profit School Accreditation
by: Ashley M. Elmore Drew | Posted on: April 27, 2016

The CFPB received a lesson in the importance of specificity on April 21st when the United States District Court for the District of Columbia’s Judge Richard J. Leon found that it overreached in its attempt to enforce a Civil Investigative Demand (“CID”) it served on the Accrediting Council for Independent Colleges and Schools (“ACICS”). The […]

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Noncompete Trade Secrets Law

Better Think Twice About Enforcing A Non-Compete
by: John Paul Nefflen | Posted on: February 26, 2016

Over the last couple of years, there has been an increase in employees striking back against employers trying to enforce non-compete agreements.  In those cases, the employee argues that his former employer has interfered with his new job or business relationships. For example, an employee in Rutherford County, Tennessee sued his former employer for getting […]

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Securities Litigation

MSRB on Direct Purchases – Transparency Trumps Tower?
by: Thomas Potter, III | Posted on: April 28, 2016

The Municipal Securities Rulemaking Board (“MSRB”) issued a concept release last month suggesting that market transparency trumps the direct Congressional prohibition against federal regulations requiring filing of information by (or by broker-dealers, from) municipal issuers (the “Tower Amendment”). Regulators are concerned that direct purchases of municipal debt (akin to private placements) and bank loans to […]

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Tennessee Business Litigation Blog

TN Republican Party Challenges MA Pay-to-Play Rules
by: Thomas K. Potter III | Posted on: April 22, 2016

On April 12, the Tennessee Republican Party filed a petition in the US Sixth Circuit Court of Appeals, seeking to invalidate the SEC’s approval of new rules extending the MSRB’s long-standing “pay-to-play” prohibitions to new municipal advisors. The MSRB has prohibited “pay-to-play” practices in the municipal securities space since its Rule G-37 was promulgated in […]

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Telephone Consumer Protection Act

Florida District Court Holds Calling System Sufficiently Configured to Avoid TCPA Liability
by: Frank Springfield and Ryan Hebson | Posted on: April 5, 2016

As lawsuits asserting claims under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”), continue to rise in the wake of the consumer-friendly Declaratory Ruling and Order issued by the Federal Communications Commission (“FCC”) last July, see In re Rules & Regulations Implementing the Telephone Consumer Protection Act of 1991, 30 FCC Rcd. [...]

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Environmental Law Matters

Renewable Energy Projects Are Making Impacts in Several Ways – – Nationally and Worldwide
by: Ron Farley | Posted on: April 7, 2016

Renewable energy investments (primarily solar and wind generation) set a record in 2015 with a collective investment of $286 billion. This according to a report from the United Nations Environment Progamme. (Climate Central News). The indication was that this amount was substantially greater than the total of $130 billion spent on fossil fuel plants last […]

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Best Practices Construction Law

Proceed Wisely, Ninja Contractor, Because Suing Your DOT May Have Limitations
by: Matthew DeVries | Posted on: April 14, 2016

No self-respecting Ninja goes into battle without a plan, right? You need to know your environment, your opponent and the rules of the battle.  For you Ninja contractors, it’s a good thing to fully understand your potential recovery before you spend countless months and thousands of dollars pursuing a claim against your state DOT for… Continue Reading

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