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A Brief Look At Lender Liability Litigation: Awareness & Risk Mitigation

What is “lender liability” and when do risks arise? These questions—while quite elemental—naturally occur to professionals at the outset of […]

Unforgiven: Appealing PPP Loan Review Decisions

SBA Issues its Interim Final Rule for Appealing PPP Loan Review Decisions In response to COVID-19, the federal government enacted […]

Bankruptcy Court Holds Filing a Bankruptcy Proof of Claim is “Debt Collection”

A 2020 bankruptcy court decision has created cause for concern among lenders and debt collectors pursuing debtors in bankruptcy court […]

Recent Changes to Bankruptcy Code Helps Lenders and Creditors with Preference Claims

Congress enacted the Small Business Reorganization Act last year, which became effective in February 2020. The SBRA amended the Bankruptcy […]

OCC’s New “True Lender” Rule Already Having Positive Effects: Colorado Settles Long-Running “True Lender” Case

The Office of the Comptroller of Currency recently issued a proposed Final Rule concerning when a national bank is the […]

Prompt Self-Reporting & Full Cooperation in Foreign Corrupt Practices Act Case Persuade SEC and DOJ to Exercise Leniency

The Securities and Exchange Commission and the Department of Justice recently resolved an egregious Foreign Corrupt Practices Act case involving […]

FinCEN’s Procedure Ensures Financial Institutions’ Compliance with the Bank Secrecy Act

Domestic financial institutions and agencies of foreign banks operating in the U.S. must comply with the requirements of the Bank […]

Paycheck Protection Program Litigation Update: No MDL Consolidation of Cases

In March, Congress enacted the Coronavirus Aid, Relief, and Economic Security Act—the CARES Act—to help small businesses suffering economic damage […]

Three States Sue to Overturn OCC’s New “Valid When Made” Rule

Debate over the rule issued in June by the Office of the Comptroller of the Currency—that the valid interest rate […]

New Regulation Alert: OCC Proposed New “True Lender” Rule May Reduce Claims Against Banks and Facilitate Partnered Lending

Loans made by national banks partnered with non-bank entities, like fintech companies, have led to increased litigation. A key question […]