As many expected with the change of administrations, U.S. Attorney General Jeff Sessions has reversed Obama-era Department of Justice policies respecting marijuana.  The reversal came in a January 4 memorandum to all United States Attorneys within the DOJ’s 94 federal districts (the “Memorandum”).  This development is of particular concern to financial institutions and other…

On February 6-8, 2018, DBA International will host its annual conference – Play Your Best Hand – at the Aria Resort & Casino in Las Vegas.

We are pleased to announce to announce that Troutman Sanders partner David Anthony will present on a panel entitled, “De-tangling Licensing Requirements – Monitoring for Changes, License Maintenance, and Practical Considerations.” This session…

One of the largest data breaches in U.S. history, the Equifax breach has reverberating implications not only for the big three consumer credit reporting agencies, but for all organizations maintaining and transmitting protected information. Talks of universal data breach law immediately grew louder and within weeks, state Attorney Generals from Massachusetts to California, the U.S.…

On December 14, the Supreme Court of Virginia reaffirmed in MCR Federal, LLC v. JB&A, Inc. that tort claims for actual and constructive fraud cannot stand where the source of the duty breached arises from the parties’ contractual relationship.  The Court’s holding is consistent with established precedent and is beneficial to the mortgage servicing industry…

The Moore v. Rite Aid Headquarters Corp. case has a long history of addressing significant questions regarding an employer’s adverse action responsibilities under the Fair Credit Reporting Act.  That history recently ended in the District Court for the Eastern District of Pennsylvania, with a dismissal of Moore’s claims and a denial of her motion for…

On December 27, the Consumer Financial Protection Bureau released “The Consumer Credit Card Market,” its report on the state of the industry. Mandated to be released every two years by the Credit Card Accountability and Disclosure Act, the report was last released in 2015. The 2017 report focused on tracking credit card market trends and…

On December 14, the Consumer Financial Protection Bureau officially withdrew a proposal to conduct a web-based consumer survey on the various debt collection disclosures required by the Fair Debt Collection Practices Act. According to the accompanying Notice of Action, the proposal was withdrawn at the CFPB’s request because the “Bureau leadership would like…

On December 22, a federal court applied the plain language of the “whistleblower-protection provisions” of the False Claims Act, including 31 U.S.C. § 3730(h), to hold that a plaintiff may bring a retaliation claim against a former employer even if that employer was not the subject of any FCA allegations.  In O’Hara v. NIKA Technologies,…

On January 1, 2018, California Government Code § 12952 goes into effect.  § 12952 is yet another state law that regulates how employers can use criminal background checks in the hiring process.  Although state laws governing this practice have become commonplace, § 12952 is unique in that it contains new requirements as to what…