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Consumer Finance and Fintech Blog

FTC Judge Orders Tax Filing Software Company to Stop Advertising Products as “Free”

By Moorari Shah, A.J. Dhaliwal & Matt Benz on September 21, 2023 in
Financial, Technology

On September 8, the FTC’s Chief Administrative Law Judge (“ALJ”) issued an initial decision finding that a company providing tax filing software services engaged in deceptive advertising practices in violation…

Continue Reading FTC Judge Orders Tax Filing Software Company to Stop Advertising Products as “Free”
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Consumer Finance and Fintech Blog

FTC Settles FCRA Suit Against “People-Search” Companies

By Moorari Shah, A.J. Dhaliwal & Matt Benz on September 21, 2023 in
Financial, Technology

On September 11, the FTC announced that it had reached a settlement with two “people-search” companies which would resolve charges that the companies had engaged in practices that violated the…

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Consumer Finance and Fintech Blog

CFPB Adjusts Long Time Position Relating to Loan Originator Compensation

By Moorari Shah, A.J. Dhaliwal & Sherwin Root on September 21, 2023 in
Financial, Technology

Many residential mortgage lenders currently have loan compensation plans that provide for a payment to loan originators of one commission amount for loans funded by the lender, and a smaller…

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Labor & Employment Law Blog

Rage Against the Machine: New York Bill Would Dramatically Limit Employers’ Ability to Use Electronic Monitoring and Automated Employment Decision Tools

By Lindsay Colvin Stone on September 20, 2023 in
Employment & Labor

On August 4, 2023, the New York legislature introduced Senate Bill 07623 (“S07623”), which would dramatically restrict employers’ ability to use both electronic monitoring and automated employment decision-making technology in…

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Government Contracts & Investigations Blog

Hot off the Presses: Sheppard Mullin Publishes its “Federal Grants Survival Guide” for Commercial, For-Profit Companies

By Ryan Roberts & Ariel E. Debin on September 18, 2023 in
Administrative, Government

In fiscal year 2022 alone, the Federal Government is estimated to have spent over $1 trillion in grant and assistance programs – a little less than double the Federal Government’s…

Continue Reading Hot off the Presses: Sheppard Mullin Publishes its “Federal Grants Survival Guide” for Commercial, For-Profit Companies
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Government Contracts & Investigations Blog

Top 10 Takeaways from OMB’s “Build America, Buy America” Guidance for Infrastructure Projects

By Ariel E. Debin on September 18, 2023 in
Administrative, Government

On August 23, 2023, the White House’s Office of Management and Budget (“OMB”) issued its notification of final guidance implementing Title IX of the Infrastructure Investment and Jobs Act (“IIJA”)…

Continue Reading Top 10 Takeaways from OMB’s “Build America, Buy America” Guidance for Infrastructure Projects
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Government Contracts & Investigations Blog

Antiboycott Update for Government Contractors and More

By Ryan Roberts & Lisa Mays on September 18, 2023 in
Administrative, Government

The U.S. antiboycott laws and regulations have been around since the era of disco. In stark contrast to fast-moving sanctions and export controls, we rarely see updates to the antiboycott…

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Consumer Finance and Fintech Blog

CFPB Reaches $2.6 Billion Settlement with Credit Repair Company

By Moorari Shah & A.J. Dhaliwal on September 15, 2023 in
Financial, Technology

On August 28, the CFPB announced a proposed settlement with Utah-based credit repair telemarketing company and its affiliates for allegedly committing deceptive acts and practices in violation of the Telemarketing…

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Consumer Finance and Fintech Blog

Texas Court Strikes Down CFPB UDAAP Policy

By Moorari Shah, A.J. Dhaliwal & Sherwin Root on September 15, 2023 in
Financial, Technology

On September 8, a Texas federal judge ruled that the CFPB exceeded its authority by adopting a sweeping anti-discrimination policy last year. The CFPB adopted the policy in March 2022, via…

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Consumer Finance and Fintech Blog

Kentucky Court Grants Injunction on Small Business Lending Rule

By Moorari Shah & A.J. Dhaliwal on September 15, 2023 in
Financial, Technology

On September 14, U.S. District Court for the Eastern District of Kentucky granted a motion brought by the Kentucky Bankers Association (KBA) and eight Kentucky-based banks (plaintiffs), seeking a preliminary…

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Eye On Privacy

What Do the CPPA’s Draft Regulations on Risk Assessments and Cybersecurity Audits Mean for Companies?

By Liisa Thomas, Julia Kadish & Kathryn Smith* on September 14, 2023 in
Privacy & Data Security, Technology

The CPPA, the California regulatory body charged with enforcing CCPA, has now issued draft regulations on risk assessments and cybersecurity audits. The draft was released ahead of a public…

Continue Reading What Do the CPPA’s Draft Regulations on Risk Assessments and Cybersecurity Audits Mean for Companies?
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White Collar & Government Enforcement Blog

The SEC’s Sudden Impact on NFTs

By Zachary Golda, William Kane & William de Sierra-Pambley on September 14, 2023 in
Corporate & Commercial

On August 28, 2023, the Securities and Exchange Commission (“SEC”) instituted cease-and-desist proceedings under Section 8A of the Securities Act against Impact Theory, a Los Angeles media and entertainment company…

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Eye On Privacy

The “First State” Officially Becomes the Thirteenth State with a Comprehensive Data Privacy Law

By Liisa Thomas, Julia Kadish & Kathryn Smith* on September 13, 2023 in
Privacy & Data Security, Technology

After some delay, Delaware’s governor has at last signed into law the thirteenth state comprehensive privacy law. This is the seventh law passed in 2023, joining Iowa, Indiana…

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Law of The Ledger

SEC Enforcements Against NFTs – Are You Next?

By James Gatto on September 13, 2023 in
Corporate & Commercial, Technology

The SEC has, in rapid fire, announced enforcements against two NFT projects for allegedly violating securities laws. The first action announced August 28, 2023 was against Impact Theory and the second…

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Government Contracts & Investigations Blog

Bid Protest High Season Is Coming – A Reminder About the Need for Fast Decisions

By Anne Perry & Katie Calogero on September 13, 2023 in
Administrative, Government

The end of the Fiscal Year is upon us, which typically coincides with a flurry of procurement activity and then a wave of bid protests. As most of you know…

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Government Contracts & Investigations Blog

Challenging Other Transaction Agreements – Navigating the Jurisdictional Highway

By Anne Perry & Lillia Damalouji on September 13, 2023 in
Administrative, Government

The origination of Other Transaction Agreements (OTAs) traces back to the October 1957 launch of Sputnik I by the Soviet Union and the subsequent Space Race. Congress created the National…

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