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Consumer Finance Litigation Blog

Florida Lenders Not Required to Compete with Homeowner Associations to Foreclose
by: Latasha C. Scott | Posted on: February 5, 2016

It is not uncommon for a homeowner association (“HOA”) to file a separate claim of lien foreclosure action against a resident even though the bank’s mortgage foreclosure action remains pending. Therefore, a homeowner can potentially face two foreclosure actions against the property at the same time: one for unpaid assessments to the HOA and another […]

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Noncompete Trade Secrets Law

Continued Employment is Enough for a Severance Agreement
by: John Paul Nefflen | Posted on: February 9, 2016

Here’s one where the tables were turned. Former employees often argue that a non-compete agreement is unenforceable because there was inadequate “consideration.” Consideration is the exchange parties to a contract make, what one side gives to the other that makes the contract binding. Consideration can be in the form of a promise for a promise, […]

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Securities Litigation & Arbitration

Obama’s FY2017 Budget Would Double SEC & CFTC Funding
by: Thomas Potter, III | Posted on: February 11, 2016

White House officials this week said that President Obama’s fiscal 2017 budget will seek major increases in funding for Wall Street regulators in the near term, and proposes to double their funding by 2021. The President’s budget proposal would provide an 11% increase for the SEC (of $1.8 billion) and a 33% increase for the […]

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Tennessee Business Litigation Blog

Continued Employment is Enough for a Severance Agreement
by: John Nefflen | Posted on: February 9, 2016

Here’s one where the tables were turned. Former employees often argue that a non-compete agreement is unenforceable because there was inadequate “consideration.” Consideration is the exchange parties to a contract make, what one side gives to the other that makes the contract binding. Consideration can be in the form of a promise for a promise, […]

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Telephone Consumer Protection Act

New York District Court Denies Attempt To Defeat TCPA Class Certification By Depositing Funds Into Court, Citing Campbell Ewald
by: Joshua Threadcraft | Posted on: February 9, 2016

Brady v. Basic Research, L.L.C., 2:13-cv-7169 (SFJ) (ARL) (E.D.N.Y. Feb. 3, 2016) The day after Campbell Ewald Co. v. Gomez was decided by the United States Supreme Court, Defendants moved for permission to deposit funds with the Clerk of Court “consistent with the Rule 68 offer of judgment that [they] previously made to Plaintiffs.” The [...]

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Environmental Law Matters

Avoiding A Water Crisis Similar to That of Flint Will Require Both Technical and Practical Effort
by: Ron Farley | Posted on: February 2, 2016

The problems with the quality of drinking water in Flint, Michigan, are not necessarily an isolated collection of failures. From a technical standpoint, the potential for lead leaching into drinking water systems in many places in this country is a real issue. That potential is compounded if we see a repeat of the range of […]

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Best Practices Construction Law

Living Forward: A Book That Will Change You, Your Business and the Construction Industry
by: Matthew DeVries | Posted on: February 5, 2016

  In seven years of blogging, I have never marketed another company’s or individual’s services or products.  Today, I decided to make an exception for one special reason: I believe that Michael Hyatt and Daniel Harkavy’s new book, Living Forward will actually change your and my life.  Here’s why: A Virtual Mentor. I met Michael Hyatt during… Continue Reading

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