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Consumer Finance Litigation Blog

Do We Want the CFPB to Regulate the Practice of Law?
by: Ashley M. Elmore Drew | Posted on: April 29, 2016

On April 25, the Consumer Financial Protection Bureau (“CFPB”) entered into a Consent Order with a New Jersey debt collection law firm, Pressler & Pressler, LLP, and two of its managing partners, Sheldon H. Pressler, and Gerard J. Felt (collectively “the Firm”).[1] The Firm agreed to pay a civil penalty of $1 million dollars in […]

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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

Second Circuit Issues Amended Order Affirming Dismissal in Transocean
by: Ben Coulter | Posted on: May 2, 2016

On April 29, the United States Court of Appeals entered an amended order (previously decided on March 17, 2016) that affirmed the decision of the United States District Court for the Southern District of New York in DeKalb County Pension Fund v. Transocean Ltd., Robert L. Long, Jon A. Marshall, and Transocean Inc. The central […]

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Tennessee Business Litigation Blog

TN COA Tosses Fraud & Securities Claims Over “Crazy” Scam
by: Thomas K. Potter III | Posted on: April 29, 2016

Tennessee fraudulent misrepresentation claims – and “investment contract” claims under the State’s Blue Sky Law – fail the “reasonable reliance” requirement, where the plaintiff himself asserts it’s a fraud because nobody would believe such a thing. In a case the Court of Appeals charitably called “astonishing,” a lawyer and his successful businessman friend and client […]

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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

Coal: Hope in the Face of Pressure?
by: Ron Farley | Posted on: May 2, 2016

The coal industry has experienced substantial economic turmoil over the recent past, including bankruptcies – most recently by Peabody Energy Corporation – but also by Arch Coal, Inc., Walter Energy, Inc., and Patriot Coal Corp. Generally, the industry and associated users of coal, have attributed these problems to the designated “War on Coal,” the fashionable […]

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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