Recent Blog Posts

  • January in Brief (Internet Law and Cybersecurity) 2019 Data Privacy Magistrate Rejects Warrant Compelling Fingerprint Swiping to Unlock Device By Sara Beth A.R. Kohut, Young Conaway Stargatt & Taylor, LLP A California magistrate recently held that the government cannot compel a person to unlock a digital device using a finger swipe or other biometric features without violating the Fifth Amendment to the U.S. Constitution. In In re Search of a Residence in Oakland, CA, No. 4-19-70053 (N.D. Cal. Jan. 10, 2019), Magistrate Judge Kandis A. Westmore denied a search warrant application... More
  • January in Brief (Business Litigation and Dispute Resolution) 2019 Business Litigation The Supreme Court Upholds the Parties’ Right to Contract for Arbitration  By Leslie A. Berkoff, Moritt Hock & Hamroff LLP The Supreme Court has just issued the first of three decisions involving the Federal Arbitration Act which are set for determination this term.  In Henry Schein, et al. v. Archer & White Sales, Inc., No. 17-1272 (January 8, 2019), Justice Kavanaugh, writing for a unanimous Court,  addressed the question of whether, in light of  the Federal Arbitration Act (“FAA”),  a court may... More
  • January in Brief (Corporations, LLCs, and Partnerships) 2019 Limited Liability Companies Louisiana Court Holds that Executor Assignee Does Not Have the Right to Inspect LLC Books and Records By Elizabeth S. Miller, Baylor Law During the pendency of a divorce, an LLC member’s wife died, and her son was appointed executor of her estate. As part of the executor’s duties in preparing a detailed description of property in the succession, the executor sought LLC tax returns and other financial and business records from the surviving spouse regarding property believed to be... More
  • January in Brief (Mergers and Acquisitions) 2019 International M&A European Court of Justice Overturns European Commission’s Block of UPS-TNT Merger By Chris Johnson On January 16, 2019, The European Court of Justice (the “Court”) found the European Commission (the “Commission”) infringed upon United Parcel Service, Inc.’s (“UPS”) right to defend itself in connection with the investigation of its proposed acquisition of TNT Express NV, an international express deliverer of small parcels (“TNT”).  The Commission originally blocked the deal in 2013, claiming the proposed acquisition would burden consumers in 15 countries... More
  • January in Brief (Business Regulation and Regulated Industry) 2019 Consumer Finance USAA Federal Savings Bank Reaches Settlement with Consumer Financial Protection Bureau Kristina A. Del Vecchio, Joseph & Cohen, PC The Consumer Financial Protection Bureau (“CFPB”) announced that it reached a settlement and consent order with USAA Federal Savings Bank (“USAA”) for violations of the Electronic Fund Transfer Act (“EFTA”) and its implementing regulation, Regulation E.  Specifically, the CFPB alleged that USAA failed to properly enter stop payment orders after account holders notified USAA of their desire to stop payments on preauthorized... More
  • January in Brief (Bankruptcy and Finance) 2019 Bankruptcy Law Earmarking Defense Unavailable To Old GM’s Lenders By Michael Enright The prepetition lenders to General Motors Corporation, faced with clawback litigation pending in an adversary proceeding against them for money they were paid when Old GM sold its assets in its Chapter 11 case, asserted an earmarking defense. U.S. Bankruptcy Judge Martin Glenn recently granted partial summary judgment to the plaintiff, concluding that the earmarking defense was not available to defend the transfers in question. Motors Liquidation Company Avoidance Action Trust v.... More
  • January in Brief (Legal Opinions and Ethics) 2019 Professional Responsibility RICO Suit Against Southern Poverty Law Center By Keith R. Fisher The Southern Poverty Law Center (“SPLC”) is a law firm and advocacy group that, according to its website, “monitor[s] hate groups and other extremists . . ..”  SPLC defines a “hate group” as “an organization that – based on its official statements or principles, the statements of its leaders, or its activities – has beliefs or practices that attack or malign an entire class of people, typically for their immutable... More
  • December in Brief (Bankruptcy and Finance) 2018  Commercial Finance Proposed Regulations Remove Tax Obstacles to Secure U.S. Domestic Corporate Borrowings By David H. Saltzman, Elaine B. Murphy, and Sara Clevering, Ropes & Gray On October 31, 2018, the Treasury Department released proposed regulations under Section 956 of the Internal Revenue Code of 1986, as amended, that generally exempt U.S. domestic corporations from recognizing deemed dividends if a controlled foreign corporation (or CFC) invests in U.S. property or provides credit support for a U.S. domestic corporation’s borrowing. The broad application of... More
  • December in Brief (Business Regulation and Regulated Industries) 2018 Consumer Finance Eleventh Circuit Holds That a Chapter 13 Plan That Did Not “Provide For” Mortgage Was Not Discharged By Eric Tsai, Maurice Wutscher LLP The U.S. Court of Appeals for the Eleventh Circuit recently held that a mortgage with a post-plan maturity date was not discharged in a Chapter 13 bankruptcy because the plan did not “provide for” the debt and modify the repayment terms of the mortgage.  At the time she filed bankruptcy, the debtor was current on her payments for... More
  • December in Brief (Business Litigation and Dispute Resolution) 2018 Business Litigation Delaware Court of Chancery Invalidates Federal Forum Charter Provisions By Benjamin M. Potts In Sciabacucchi v. Salzberg et al., C.A. No. 2017-0931-JTL (Dec. 19, 2018) (“Mem. Op.”), Vice Chancellor Laster found invalid several Delaware corporations’ charter provisions that required lawsuits filed under the Securities Act of 1933 to be brought exclusively in federal district court.  The invalidated provisions were from the charters of several well-known companies that recently commenced initial public offerings:  Blue Apron Holdings, Inc., Roku, Inc., and Stitch Fix, Inc. ... More