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In a striking move at the end of March, the U.S. Department of Justice (“DOJ”) announced a $4.6 million settlement with MORSE Corp Inc. (“MORSE”), a defense contractor based in Cambridge, Massachusetts, for falsely certifying that the company complied with cybersecurity requirements. The...

For the past decade, many courts have found class action waivers in consumer contracts to be valid and enforceable under the Federal Arbitration Act. However, recently, the Allegheny Court of Common Pleas in Pittsburgh recognized not all clauses warrant enforcement in Pierce v. FloatMe Corp., No. GD...

The Consumer Financial Protection Bureau (“CFPB”) filed an action on December 23, 2024, against Rocket Home Real Estate LLC (“Rocket Homes”), a real estate brokerage and affiliates (“Defendant Brokerage”) and an individual owner of the real estate brokerage, asserting violations of the Real Estate...

After nearly a year of speculation, the Consumer Financial Protection Bureau (“CFPB”) issued a final rule (the “Rule”) to cap overdraft fees that financial institutions with at least $10 billion in assets can assess to consumers. The CFPB has hailed the issuance of the Rule as permitting “consumers...

On October 31, 2024, the U.S. Department of Health and Human Services (“HHS”), Office of Civil Rights (“OCR”) announced a $500,000 settlement with Plastic Surgery Associates of South Dakota (“PSA”) concerning potential violations of the Health Insurance Portability and Accountability Act of 1996 (...

Over the past decade, businesses and institutions with public-facing websites have increasingly turned to internet tracking technologies, such as cookies, pixels, and session replay tools, to optimize their websites and offer website visitors a more efficient and personalized experience, as well as...

On October 16, 2024, the New York Department of Financial Services (“NYDFS”) issued guidance and strategies (“Guidance”) concerning cybersecurity risks that arise in response to the advancements in artificial intelligence (“AI”). While AI technology has, in many cases, positively impacted businesses...

Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to developments during the second quarter of 2024. If you would like to discuss...

On July 11, 2024, the U.S. Court of Appeals for the 7th Circuit held in Bureau of Consumer Financial Protection v. Townstone Financial, Inc. , that the Equal Credit Opportunity Act (“ECOA”) prohibits discriminatory conduct, comments or remarks directed at both actual and prospective applicants for...

On July 1, 2024, the Consumer Financial Protection Bureau (“CFPB”)—the primary federal watchdog of the consumer finance industry—along with several other federal agencies, approved a new rule to regulate the use of automated valuation models (“AVMs”) affecting the mortgage industry. The new rule...

On May 16, 2024, the United States Supreme Court issued its highly anticipated decision in Consumer Financial Protection Bureau v. Community Financial Services Association of America , determining once and for all that the Consumer Financial Protection Bureau’s (“CFPB”) self-funding mechanism is not...

The Consumer Financial Protection Bureau continues to expand its presence into different businesses, including for-profit colleges. On April 17, 2024, the CFPB issued a consent order against a for-profit college for computer programming. According to the consent order, the school “offers training...

Mark April 4, 2024 in your calendar – it is the day that the Consumer Financial Protection Bureau (CFPB) set its sights on the video game industry. The CFPB issued a Report this week entitled "Banking in video game and virtual worlds [1] ." In the Report, the CFPB detailed the many different ways it...

This checklist highlights certain considerations for companies preparing to file annual reports on Form 10-K for the calendar year ended 2023 and is intended to serve as a focused resource highlighting changes in disclosure requirements and points of emphasis for the Securities and Exchange...

Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to developments during the fourth quarter of 2023. If you would like to discuss...

On November 21, 2023, the Federal Trade Commission (FTC) approved a resolution allowing it to use “compulsory process in nonpublic investigations involving certain products and services that use or claim to be produced using artificial intelligence (AI) or claim to detect its use.” This allows the...

On October 31, 2023, a Missouri jury awarded the plaintiff class in Sitzer/Burnett v. Nar, et al a $1.78 billion damages verdict against several real estate brokerage companies and the National Association of Realtors, based on a finding that the defendants conspired to fix commission being paid by...

I. Introduction: On October 3, 2023, the U.S. Supreme Court held oral argument in Community Financial Services Association of America Ltd. v. Consumer Financial Protection Bureau. This case has potentially widespread implications for the consumer finance industry, as it challenges the...

On Halloween, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced a $100,000 settlement under the Health Insurance Portability and Accountability Act (HIPAA) with Doctors’ Management Services (DMS), a Massachusetts medical management company that provides...

On Monday, October 30, President Biden issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” [1] (the “Order”) in an attempt to seize the promise and manage the risks of artificial intelligence (“AI”) technology. The Order establishes new...

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