Until the Supreme Court's recent decision in Obduskey v. McCarthy & Holthus LLP, 139 S. Ct. 1029 (2019), if you were an entity engaged solely in the enforcement of security interests on loans, such as through nonjudicial foreclosure proceedings, the federal Fair...
Month: April 2019
United States Supreme Court to Consider Whether Fair Debt Collection Practices Act Subject to the Discovery Rule
The United States Supreme Court has agreed to consider a case that could resolve a split among the United States Courts of Appeals as to whether the discovery rule applies to the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq. ("FDCPA"). Rotkiske v....
First Circuit Interprets the Rights of Receivers under 12 U.S.C. § 1821(d)(2)(A) in the Federal Deposit Insurance Corporation’s Favor
In Zucker v. Rodriguez, No. 17-1749 (1st Cir. 2019), the First Circuit interpreted the rights of Receivers under 12 U.S.C. § 1821(d)(2)(A) in the Federal Deposit Insurance Corporation's favor. When an insured depository institution fails, it is common for regulators...
Massachusetts Federal Court Finds Mediation Privilege Waivable, Applies “Manifest Disregard” Standard In Med-Arb Case
Last month, one defendant's application to vacate a med-arb award brought about two important developments in ADR case law in Massachusetts. In Spruce Environmental Technologies, Inc. v. Festa Radon Technologies, Co., 2019 WL 1437826 (March 30, 2019) ("Spruce v....
Does The Wage Act Apply To Employment In A Foreign Country?
The answer is: it depends. A Superior Court recently addressed that issue in Lockley v. Studentcity.com (Suffolk Superior Court, No.201801293-BLS2). Ms. Lockley, a resident of Colorado, brought a putative class action lawsuit alleging violation of the Wage Act...
Business Litigation Session Holds That Memorized Information Derived From Employment Can Violate Confidential Information And Non-Solicitation Clauses
In a novel recent decision, the Business Litigation Session of the Superior Court of Massachusetts held that a financial consultant who had left his job and then allegedly prepared a list of his old firm's clients entirely from memory on his first day with his new...
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