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July 24, 2023 | The Recorder

Lewis Brisbois Litigator Joins Tesla's Crew of 'Hardcore Streetfighters'

Frank Brannen is moving in-house for the first time from Los Angeles-based Lewis Brisbois Bisgaard & Smith, joining a litigation department that Elon Musk wants to be hyper-aggressive. "There will be blood," Musk said in a tweet last year.
3 minute read
July 20, 2023 | Corporate Counsel

Regulator's Proposed $8 Cap on Credit Card Late Fees Ignites Howls of Overreach

President Biden for months has been blasting "junk fees." So the industry expected a proposal. But what came is "far more radical than anyone anticipated," Ballard Spahr wrote in a client advisory.
6 minute read
July 13, 2023 | Corporate Counsel

Regulators Swarm Around Payment Apps, Raising Fears of Enforcement Spree

Among the concerns highlighted by the Consumer Financial Protection Bureau is that consumers may not understand that most accounts are not covered by deposit insurance.
6 minute read
June 29, 2023 | National Law Journal

'A Tremendous Expense'?: INFORM Act, Aimed at Boosting Compliance, Raises Financial Risk for E-Commerce

"I see an explosion of work in the compliance space, making sure companies are on top of this and that they're tracking what's needed," Dechert partner Christina Sarchio said.
6 minute read
June 27, 2023 | New York Law Journal

A Circuit Split on the Consumer Financial Protection Bureau's Funding Structure

In an unanimous opinion authored by Circuit Judge Richard Sullivan and joined by Circuit Judges Amalya Kearse and John Walker, the court determined the CFPB's funding structure was not constitutionally deficient under either doctrine.
7 minute read
June 23, 2023 | Daily Report Online

Upholding Sanctions, 11th Circuit Says CFPB Engaged in 'Dramatic Abuse of Discovery'

"The CFPB does not have the power to decide which discovery rules it will abide by and which it will ignore," the appeals court said.
4 minute read
June 15, 2023 | New York Law Journal

NY State Legislature to Dramatically Expand Power of Plaintiffs' Bar

The New York State Legislature is fast tracking A.7138 and S.795, a pair of bills expected to radically expand the power of the plaintiffs' bar and the New York Attorney General to punish unfair, deceptive, or abusive acts or practices. The authors write "perhaps the most poignant criticism is that the bills set out to fix a problem that does not exist."
8 minute read
June 08, 2023 | Corporate Counsel

State Attorneys General Flexing Muscles, Posing Growing Risk to Legal Departments

"When acting together, they're another FTC but maybe even worse," said Lori Kalani, co-chair of the state attorneys general practice at Cozen O'Connor.
8 minute read
June 06, 2023 | Corporate Counsel

With AI in Regulators' Crosshairs, What's Next for Fintech?

AI is poised to change the face of fintech, promising groundbreaking enhancements to marketing and decisioning models and unmatched efficiency in content generation. But regulators are concerned that the adoption of AI tools may "perpetuate unlawful bias, automate unlawful discrimination, and produce other harmful outcomes."
9 minute read
June 01, 2023 | New York Law Journal

Challenging Agency Power: 'Axon,' Part 2

In Axon Enterprise v. F.T.C., the U.S. Supreme Court very recently decreed that constitutional challenges to regulatory power need not be relegated to agency administrative law judges, but rather are cognizable in the district courts. In the first installment of his two-part series, Anthony Sabino discussed the foundation for this newest edict. Now he turns to Axon itself.
9 minute read

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