Based on the law’s current landscape, it is difficult for companies to confirm without doubt whether a specific kind of information is PII, especially with respect to types of consumer data that have not yet been at issue in a litigation. Having a full understanding of the laws (both the VPPA and VCPA) and receiving advanced consumer consent to disclose PII can help limit companies’ exposure.
Foreclosure defense is constantly evolving and is an extremely exciting and challenging area of law.
When deciding which dispute resolution mechanism is best suited to a favorable outcome, discovery is a consideration of paramount importance. Whether one wishes to seek broad, offensive discovery of their adversary or a limited discovery as to their own records, such decisions can influence the choice between U.S. litigation and arbitration.
Litigators are very attuned to the questions presented by attorney-client privilege. Deal lawyers may not be as attuned.
‘McCulloch’ is emblematic of the growing difficulties defendants face in attempting to remove cases to federal court.
A recent First Department decision, however, has potentially injected some uncertainty into limitations periods applicable to claims involving asset-backed securities where the trustee resides outside New York.