News

New York District Court Stays Putative TCPA Class Action Pending Outcome of Facebook v. Duguid

By EsqSocial Corporation 21/01/21

Elzen v. Global Strategy Group, LLC, et al., No. 20-cv-3541 (JPO), 2021 WL 185328 (S.D.N.Y. Jan. 19, 2021) - Plaintiff filed a putative class action, claiming Defendants violated the Telephone Consumer Protection Act, 47 U.S.C.

California Financial News: Enhanced DFPI Prepares to Flex Its Muscles

By EsqSocial Corporation 21/01/21

As we previously reported, the newly established California Department of Financial Protection and Innovation (DFPI) starts the new year with greatly enhanced powers, and it is making sure consumers, industry and the general public are on sufficient notice. We discuss the latest below....

States Seek to Invalidate The OCC True Lender Rule

By EsqSocial Corporation 21/01/21

Recently, seven states (New York, California, Colorado, Massachusetts, New Jersey, Minnesota, and North Carolina) and the District of Columbia filed suit in the Southern District of New York against the Office of the Comptroller of the Currency (“OCC”) and Brian P.

Practice Tips: Fair Use of a Trademark (Part II)

By EsqSocial Corporation 21/01/21

Sometimes it is necessary to use a third-party trademark to refer to the owner of a trademark or its goods and services, and not to describe a particular good or service. Can this use result in trademark infringement?...

Q&A: Consumer Protection Outlook Under the Biden Administration

By EsqSocial Corporation 21/01/21

It’s clear that President Joe Biden’s approach toward consumer protection and financial services enforcement will differ from that of his predecessor.

FHA Revises HUD Addendum to Uniform Residential Loan Application

By EsqSocial Corporation 21/01/21

The Federal Housing Agency (FHA) recently revised Form HUD-92900-A HUD Addendum to Uniform Residential Loan Application to (i) better align the loan level certifications with regulatory and legal requirements, and (ii) provide clarity and ensure accuracy of information provided to FHA.

The Dutch Scheme Has Arrived

By EsqSocial Corporation 21/01/21

After more than six years of development, the legislative process concerning new Dutch restructuring legislation (Wet Homologatie Onderhands Akkoord, or “WHOA”) that introduces a Dutch debtor-in-possession proceeding (a “Dutch Scheme”) combining features of chapter 11 of the U.S.

The Coronavirus Large Business Interruption Loan Scheme and the Coronavirus Business Interruption Loan Scheme

By EsqSocial Corporation 21/01/21

On 17 December 2020, the UK government announced that both the Coronavirus Large Business Interruption Loan Scheme (CLBILS) and the Coronavirus Business Interruption Loan Scheme (CBILS) would be extended until 31 March 2021....

UPDATE: Can a New York Resident Claim a Resident Tax Credit for the Connecticut Pass-through Entity Tax? New Legislation Provides An Answer

By EsqSocial Corporation 21/01/21

In the blog I posted below, more than a year ago, we tried to answer what has been a pressing question about how far New York’s resident credit rules go, and specifically whether NY resident who pays the Connecticut pass-through entity tax (or really any other state’s PTE tax) could claim a resid

DOL Finalizes New Prohibited Transaction Exemption for “Investment Advice”, With Statement That Fiduciary Standard May Apply to IRA Rollover Guidance

By EsqSocial Corporation 21/01/21

On December 18, 2020, the U.S.

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