Troutman Pepper (JD Supra United States)

2883 results for Troutman Pepper (JD Supra United States)

  • Circuit Split on Class Feasibility Offers Defense Opportunities

    Defense counsel tend to see individualized issues of fact and law when litigating a class action. Plaintiffs counsel, on the other hand, will often look at those same issues and suggest that they apply uniformly across the entire purported class, with little variation. Originally published in Law360 on March 1, 2021.

  • The Scope of the Least Sophisticated Consumer Standard: New York District Court Grants Defendant’s Motion to Dismiss in FDCPA Case

    In Teitelbaum v. I.C. Sys., a New York district court granted a defendant’s motion to dismiss in a Fair Debt Collection Practices Act (FDCPA) case. In its holding, the court emphasized that the least sophisticated consumer standard may not be invoked to support the proposition that a collection letter is ambiguous in situations where the interpretation, in context of a reading of the entire...

  • Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter - June 2021 #2

    Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients through this unprecedented global health challenge. We regularly update this site with COVID-19 news and developments, recommendations from leading health organizations, and tools...

  • Proposed Legislation to Impact Hydropower

    On May 26, the Senate Finance Committee voted to advance legislation that would amend certain energy tax provisions in an effort to combat climate change, curtail greenhouse gas emissions, and create jobs. The bill, known as the Clean Energy for America Act, would provide an “emissions-based, technology-neutral tax credit” for facilities with zero or net negative emissions as well as certain...

  • District Court Lacked Jurisdiction Over Clean Water Act Section 404 Permit Challenge Involving FERC License Amendment

    On March 31, U.S. District Judge Christine Arguello found that the Federal Power Act (FPA) is the exclusive authority with regards to controversies related to Federal Energy Regulatory Commission (FERC) -issued hydroelectric licenses, including challenges that stem from the permitting decisions of other federal agencies acting under their independent statutory authority. In Save the Colorado v....

  • Court Finds Plaintiff’s Subjective Interpretation of a Debt Collection Letter Insufficient to Confer Standing Under the FDCPA

    The Southern District of Florida has added to the growing collection of cases under the Fair Debt Collections Practices Act (FDCPA) based on a lack of standing.

  • More Privacy, Please - June 2021

    Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to offer More Privacy, Please — a monthly newsletter recapping significant industry and legal developments, as well as trends in the areas of cybersecurity, information...

  • EPA Announces Reconsideration and Potential Revision of the Clean Water Act Section 401 Final Rule

    On May 27, the Environmental Protection Agency (EPA) announced its intent to reconsider the Clean Water Act (CWA) Section 401 final rule issued by the Trump administration in June 2020 (Final Rule).

  • Judge Does Not Require Dam to Alter Water Flows for ESA Species Protection

    On April 15, Judge André Birotte Jr. for the U.S. District Court for the Central District of California determined that the U.S. Bureau of Reclamation’s (Bureau) operation of the Twitchell Dam with certain water flows did not result in an unlawful take of Southern California Steelhead trout, a species listed as endangered under the federal Endangered Species Act. Plaintiffs San Luis Obispo...

  • Clean Energy Groups Ask FERC for Transparency Into “Anti-Climate” Groups

    On March 17, 2021, a coalition of environmental organizations and clean energy groups led by the Center for Biological Diversity (CBD) petitioned the Federal Energy Regulatory Commission (FERC) for a rulemaking that would amend the Uniform Systems of Accounts (USofA) requirements to disallow utilities from recovering the cost of membership from ratepayers in associations engaged in lobbying or...

  • EpiPen Ruling Could Embolden Private Anti-Kickback Claims

    Earlier this year, the U.S. District Court for the District of Minnesota approved a new liability theory that would effectively create a private right of action for violations of the federal Anti-Kickback Statute. Originally published in Law360 on March 1, 2021.

  • Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter - June 2021

    Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients through this unprecedented global health challenge. We regularly update this site with COVID-19 news and developments, recommendations from leading health organizations, and tools...

  • FERC Fills Newly Created EJ Position

    On February 11, 2021, the Federal Energy Regulatory Commission (FERC) announced plans to create a senior position at the Commission to coordinate incorporation of environmental justice (EJ) concerns into the Commission’s decision-making process. FERC Chairman Richard Glick indicated that the newly created office would be a cross-cutting position and that its eventual occupant would be charged...

  • EEOC Updates and Expands COVID-19 Vaccination Technical Assistance and Rules for Employer Vaccine Incentives

    Who Needs to Know - All employers considering mandatory vaccinations and vaccine incentives at the workplace. Why It Matters - The EEOC updated technical assistance questions and answers regarding COVID-19 vaccinations on May 28, providing some much-needed clarity for employers.

  • NEPA Litigation Update

    Following the Council on Environmental Quality’s (CEQ) July 2020 overhaul of regulations implementing the National Environmental Policy Act (NEPA), environmental plaintiffs filed a series of lawsuits challenging the rule in federal courts in California, Virginia, New York, and the District of Columbia. The plaintiffs argued that CEQ violated NEPA itself in promulgating the final rule by failing...

  • FERC Terminates Licenses for Projects Involved in Michigan Dam Breach

    In an order dated May 20, 2021, the Federal Energy Regulatory Commission (FERC, or the Commission) terminated the hydropower licenses for three projects located on the Tittabawasee River in Michigan—the Secord (P-10809), Smallwood (P-10810) and Sanford (P-2785) dams. The termination by implied surrender follows a May 2020 breach at the Sanford dam and the breach and failure of the upstream...

  • Investment Management Update - June 2021

    The Office of the Chief Accountant of the SEC’s Division of Investment Management periodically issues “Dear Chief Financial Officer” letters to help registered investment companies, business development companies (BDCs), and their independent public accountants address certain accounting, auditing, financial reporting, or other related disclosure matters. The letters provide SEC staff...

  • CSBS Seeks Comment on Licensing Requirements for MSBs

    On May 24, the Conference of State Bank Supervisors (CSBS) released that it is seeking public comment on proposed nationwide licensing requirements for money service businesses (MSBs). The comment period will end on July 23.

  • FERC Increases Focus on Environmental Justice

    Addressing environmental justice (EJ) has been an immediate priority for the Biden administration. Within a week of taking the oath of office, President Biden issued a sweeping executive order with a number of EJ initiatives, including creation of a White House Environmental Justice Interagency Council consisting of the heads of each Cabinet-level and independent federal agency. The order also...

  • FERC Issues Show Cause Order Directing GreenHat Energy to Respond to Market Manipulation Claims

    On May 20, 2021, FERC issued a Show Cause Order directing GreenHat Energy, LLC (“GreenHat”) and its owners to show why they did not violate the Federal Power Act, FERC’s regulations, the PJM Interconnection, L.L.C. (“PJM”) Tariff, and the PJM Operating Agreement by manipulating PJM’s Financial Transmission Rights (“FTR”) market, generating $13 million in unjust profits and imposing $179 million...

  • Recent Amendments to West Virginia Consumer Credit Protection Act Signal a Move to Level the Playing Field

    On March 18, the West Virginia legislature passed Senate Bill 5, amending the West Virginia Consumer Credit and Protection Act (WVCCPA). The amendments will apply to all causes of action filed on or after June 16, 2021, the effective date of the amendments.

  • FERC Approves Pipeline Certificates with Last Minute Amendment Caveating GHG NEPA Analysis as “Information Only”

    On May 20, 2021, FERC issued two orders in which it authorized two pipeline companies to construct and abandon certain pipeline facilities, subject to conditions. In an exciting and sometimes tense Commission open-meeting, the Commission ultimately approved Northern Natural Gas Company’s (“Northern”) application to construct and operate certain pipeline compression and auxiliary facilities and...

  • IRS Issues Guidance on Federally Funded COBRA Premium Subsidy: FAQs and What You Need to Know

    On March 25 and April 15, Troutman Pepper reported on the 100% federally funded COBRA premium subsidy included in the American Rescue Plan Act (ARPA), noting the need for additional guidance on a number of issues. On May 18, the Internal Revenue Service (IRS) issued Notice 2021-31, in the form of 86 FAQs, providing much needed guidance on the implementation and administration of the COBRA premium

  • Exxon Mobil Corp. Board Turnover: A Cautionary ESG Tale or Recipe for Success

    The financial world appears to be reeling from the recent board of director election held by Exxon Mobil Corp. (Exxon) in which activist Hedge Fund Engine 1 (Engine 1) garnered enough votes to seat two directors (Kaisa Hietala and Gregory Goff), and potentially more, as the vote count continues. In the grand scheme of things, eight of Exxon’s nominees, including CEO Darren Woods, were re-elected...

  • FERC Maintains Order Directing Briefing Long After Authorizing Gas Facilities to Begin Operations, Prompting Dissent from Commissioner Danly

    On May 19, 2021, FERC issued an order dismissing requests for rehearing of an order directing briefing (“Briefing Order”) about the operation of Algonquin Gas Transmission, LLC’s Atlantic Bridge project after finding that requesting parties were not “aggrieved” under court precedent interpreting Section 19(a) of the Natural Gas Act (“NGA”). Commissioner James Danly wrote separately in dissent...

  • Washington Adopts Two Ambitious Environmental Justice Laws

    Last week, Washington became the latest state to address environmental justice (EJ) through legislation by adopting the Healthy Environment for All (HEAL) Act and the Climate Commitment Act into law. The HEAL Act, which is the more comprehensive of the two passed laws, was based on recommendations of a state-funded environmental task force issued in fall of 2020 and seeks to remedy the effects of

  • CFPB Issues Rule Delaying the Mandatory Compliance Date of the New General Qualified Mortgage Final Rule

    On April 27, the Bureau of Consumer Financial Protection (CFPB) issued a final rule to delay the mandatory compliance date for the General QM Final Rule until October 1, 2022. The CFPB stated that it issued the rule “to help ensure access to responsible, affordable mortgage credit and to preserve flexibility for consumers affected by the COVID-19 pandemic and its economic effects.” The mandatory...

  • Int'l Arbitration Rules Revision Reflects Flexible Approach

    On Feb. 15, the International Bar Association released the long-awaited update, adopted by the IBA Council on Dec. 17, 2020, to the IBA Rules on the Taking of Evidence in International Arbitration. Originally published in Law360 on February 25, 2021.

  • Tolling Issues in Class Actions

    This article addresses the practical issues that arise when a class action defendant, in fact, wins a challenge to the named plaintiff’s Article III standing in federal court. How does such a ruling affect absent class members and specifically the tolling of their claims under the U.S. Supreme Court’s decisions in American Pipe and China Agritech? Can absent class members refile otherwise time-bar

  • Senators Aim at Big Tech with Bipartisan Privacy Bill

    On May 20, a bipartisan group of senators reintroduced the Social Media Privacy Protection and Consumer Rights Act (Act), which would force big tech companies like Facebook and Google to give consumers greater control over their data and allow them to opt out of data tracking and collection.

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