On June 3, 2024, the Consumer Financial Protection Bureau imposed a new set of regulatory obligations on nondepository consumer-financial companies that are subject to court or administrative orders enforcing federal or state consumer-protection laws. The Bureau’s new rule creates a public registry of such orders dating back to January 1, 2017. It requires covered entities
Financial
Notable Litigation – April 2024
Notable litigation filed during April 2024 includes Fielder v. Bullock.
Fielder v. Bullock, No. 16-JCV-24-641 (Ark. Cir. Ct.).
Plaintiff, individually, as Power of Attorney for his parents, and as Trustee of the Fielder Living Trust, filed suit against a defendant schemer in Arkansas state court for losses arising from an alleged Ponzi scheme run through…
Steps for Companies to Maximize Potential Insurance Recovery After the EPA’s Recent PFAS Designation
On April 19, 2024, the U.S. Environmental Protection Agency announced the designation of two per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) and their salts and structural isomers—as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).[1] In its designation, the EPA has identified over 85 industries…
Milk Coverage for All Its Worth While the “Steaks” Are High: An Insurance Primer on Coverage for the H5N1 Bird Flu Outbreak
Dairy is the latest round of kitchen staples to suffer from viral diagnoses. In a first, the H5N1 virus, commonly referred to as the bird flu, is rapidly spreading through US cattle herds.[1] The virus has already been detected in pasteurized milk sitting on grocery store shelves.[2] The World Health Organization labeled…
Notable Litigation – March 2024
Notable litigation filed during March 2024 includes SEC v. Sanchez, et al. and four related actions captioned Dottore v. FC Real Estate Development Co., Dottore v. Kensington Pointe Ltd., Dottore v. Seibert Enterprises, Ltd., and Dottore v. Harper.…
CFPB Updates Process to Designate Nonbanks for Supervision
Yesterday, the Consumer Financial Protection Bureau updated its process for designating a nonbank for supervision. Initially issued in 2013, the revised rule specifically establishes the CFPB’s procedures in determining whether a nonbank “poses risk to consumers” and is thus subject to the Bureau’s supervisory authority. The CFPB has had the authority to supervise such nonbanks…
Insurance Recovery for Businesses Impacted by the Francis Scott Key Bridge Collapse
On March 26, a containership struck the Francis Scott Key Bridge in Baltimore, Maryland, resulting in the collapse of the highway infrastructure and tragic loss of life.[i] As communities grieve the loss of their loved ones, businesses around the world are grappling with the economic fallout, including significant supply chain disruptions. The closure…
Ponzi Perspectives: 2023 Year-End Roundup
McGuireWoods’ Ponzi Litigation team launched its Ponzi Perspectives blog in early 2021. Since that time, we’ve posted detailed case alerts of Ponzi-related complaints filed throughout the country and posted key decisions that have the potential to influence controlling law on Ponzi-related issues involving financial institutions. This 2023 year-end round up summarizes the cases and opinions…
Notable Litigation – October 2023
Notable litigation filed during October 2023 includes: California Land Acquisition and Development Inc. v. Eran Drori, et al. Additionally, cryptocurrency and the potential for fraud surrounding the increasingly popular industry were on display during the month of October with the trial and conviction of Sam Bankman-Fried, founder of the cryptocurrency exchange company FTX.…
Notable Litigation – November 2023
Notable litigation filed during November 2023 includes: (1) BB & MB WDF, LLC v. Seare, et al.; (2) Day v. Heppner, et al.; (3) Scura v. Heppner, et al.; and (4) Commodity Futures Trading Comm’n v. Young, et al.…