Troutman Sanders LLP (LexBlog United States)

3848 results for Troutman Sanders LLP (LexBlog United States)

  • Virginia’s Eviction Moratorium to Lift, but Opponents Want to Keep it in Place

    In response to the COVID-19 pandemic, Virginia issued a moratorium on evictions in March that was extended earlier this month. Beginning June 29, pursuant to an order issued by the Supreme Court of Virginia on June 22, those eviction proceedings can resume. However, opponents assert that thousands of families who are still facing financial difficulties...

  • Texas-based Payment Processor Permanently Banned from the Industry

    Earlier this month, the United States District Court for the Western District of Texas permanently banned Madera Merchant Services and B&P Enterprises, LLC from payment processing for their involvement in business practices that scammed consumers out of millions of dollars. The Federal Trade Commission and Ohio Attorney General Dave Yost filed their complaint in 2019....

  • After the Stay-At-Home Order: Water Management Best Practices for Re-Opening Buildings

    As businesses across the country begin to re-open, many will be hypervigilant about the safety of indoor spaces. While stay-at-home orders may be lifting, business owners and their employees may have significant trepidation about the risks of returning to their workspaces and public venues. Building owners and property management companies will be called upon to...

  • Background Checks: Required Disclosures, Notices Prior to Adverse Action, and More

    We are pleased to announce that Tim St. George will present during the Employment Screening Resources (ESR) webinar, “Background Checks: Required Disclosures, Notices Prior to Adverse Action, and More.” This webinar will provide a clear run down on the latest legal decisions as well as best practices when providing disclosures of background checks before taking...

  • Troutman Sanders Attorneys Publish Law360 Article, “Mortgage Industry Should Prepare For Forbearance Scrutiny”

    The COVID-19 pandemic has wreaked havoc on the U.S. economy in unimaginable ways. Millions are unemployed as a result of federal and state action to contain and limit the spread of the virus. The cascading effects of shutting down the entire U.S. economy have already been felt by both mortgage servicers and borrowers alike. In...

  • Nevada Allows Collection Agency Licensees to Resume Certain Outbound Collections

    On June 4, Commissioner Sandy O’Laughlin of the State of Nevada Financial Institutions Division (“NFID”) informed licensed collection agencies that they may resume operations contingent upon compliance with any outstanding emergency directive issued by Governor Steve Sisolak, guidance issued by a state agency, Justice Court Orders for each jurisdiction, and health and safety guidance from...

  • Troutman Sanders Weekly Consumer Financial Services COVID-19 Newsletter

    Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Sanders and Pepper Hamilton have 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...

  • Sixth Circuit: Spill Response Plans Do Not Trigger Endangered Species Act or NEPA Review

    Two months ago, we issued a post regarding oral arguments before the U.S. Court of Appeals for the Sixth Circuit in National Wildlife Federation v. Secretary of the Department of Transportation. That case asked whether approval of pipeline spill response plans by the Pipeline and Hazardous Materials Safety Administration (PHMSA) triggered consultation and review processes...

  • CISA Shares 5 Ways Business Leaders Could Reduce Their Organizations’ Cyber Risks

    The Cybersecurity and Infrastructure Security Agency (“CISA”) launched its first installment of its “Cyber Essentials Toolkit” titled, “Yourself, The Leader – Drive Cybersecurity Strategy, Investment, and Culture” on May 29. CISA is developing the Cyber Essentials Toolkit, with the assistance of small businesses, to equip businesses with resources to improve their cybersecurity practices. CISA...

  • State Attorneys General: Evolving Concerns, Compliance, and Enforcement

    June 9th at 2:00 pm ET Link: https://attendee.gotowebinar.com/register/516611443199528973 State Attorneys General have become more active in their efforts to protect consumers as it relates to banks and payment processors, especially when you take into consideration COVID-19. In this webinar we will discuss some key concerns of State Attorneys General, expectations, and their relationship to...

  • Is L.A. County’s Flavored Tobacco Ban Unlawful?

    Cases challenging Los Angeles County’s flavored tobacco ban could define the limit of State and local authority in addressing flavored tobacco products and could have implications for similar laws in other States and localities. Los Angeles County’s flavored tobacco ban is being challenged in two cases: R.J. Reynolds Tobacco Co., et al. v. Los Angeles...

  • Ninth Circuit Joins Seventh and Eleventh Circuits – Holds Intended Recipient Is Not “Called Party” for Purposes of the TCPA

    On June 3, the United States Court of Appeals for the Ninth Circuit held that consent from the intended recipient of calls does not absolve an entity of liability under the Telephone Consumer Protection Act if the entity did not have the consent of the party actually called. This decision aligns with decisions from the...

  • Court Sanctions Attempt by Plaintiff’s Counsel to Use the FDCPA as an ATM Machine

    In Alcivar v. Enhanced Recovery Company, the United States District Court for the Eastern District of New York awarded nearly $37,000 in attorneys’ fees and costs to a debt collection agency over a Fair Debt Collection Practices Act claim that the plaintiff’s attorneys brought in bad faith. Plaintiff Imelda Alcivar owed approximately $1,100 on an...

  • OCC Issues Valid-When-Made Rule With an Eye Toward Legal Challenges

    Authors: James Stevens, Partner, Troutman Sanders Jake Lutz, Partner, Troutman Sanders Mark Dabertin, Partner, Pepper Hamilton Greg Rubis, Partner, Pepper Hamilton Rick Eckman, Partner, Pepper Hamilton The OCC’s new rule titled “Permissible Interest on Loans That Are Sold, Assigned, or Otherwise Transferred” (the Permissible Interest Rule) states that a national bank “may transfer a loan...

  • On Rehearing, FERC Decides Not to Require Prospective Refund Commitment from Non-Public Utility Transmission Owners

    On May 21, 2020, FERC reversed, on rehearing, an earlier determination from October 2017 that the Commission has the authority to require the Midcontinent Independent System Operator, Inc. (“MISO”) to revise its Transmission, Energy and Operating Reserve Markets Tariff (“Tariff”) to include refund commitments by non-public utility transmission owning members. FERC found that although it...

  • FERC Denies Complaints Against PJM’s Seasonal Resource Participation Rules

    On May 21, 2020, FERC denied two 2017 complaints alleging that PJM Interconnection, L.L.C.’s (“PJM’s”) capacity procurement rules are unjust and unreasonable as applied to seasonal resources. FERC concluded complainants failed to show that PJM’s single annual capacity product is unjust and unreasonable, and rejected arguments that the rules discriminate against seasonal resources. Commissioner...

  • FERC Finds PJM Tariff Lacks Transparency for Pseudo-Tied Resources

    On May 21, 2020, FERC issued three orders denying, or denying in part, complaints against PJM Interconnection, L.L.C. (“PJM”), finding that the complainants failed to demonstrate that PJM’s pseudo-tie rules are unjust, unreasonable, or unduly discriminatory or that such rules had been applied in a manner inconsistent with the PJM Tariff. With respect to PJM’s...

  • FERC to Convene Technical Conference on Impacts of COVID-19 on the Energy Industry

    On May 20, 2020, FERC issued a notice that it will convene a Commissioner-led technical conference on Wednesday and Thursday, July 8–9, 2020 from approximately 9:00 a.m. to 5:00 p.m. Eastern time each day “to consider the ongoing, serious impacts that the emergency conditions caused by COVID-19 are having on various segments of the United...

  • RISA Rises in New Jersey to Include Service Contracts Paid in Installments

    The Supreme Court of New Jersey recently issued a decision that extends the applicability of the state’s Retail Installment Sales Act (“RISA”) to service contracts, even those that do not include a financing arrangement. This decision could have a wide reaching effect on companies that provide services to New Jersey consumers – companies that perhaps...

  • Long-Awaited EPA Rule Overhauls Section 401 of Clean Water Act

    On June 1, the Environmental Protection Agency (EPA) released a final rule clarifying substantive authorities and procedural requirements for water quality certifications under section 401 of the Clean Water Act (CWA). EPA’s August 2019 notice of proposed rulemaking (NOPR) (summarized in our previous post) articulated the Agency’s first-ever statutory interpretation of section 401 since its...

  • CCPA Final Proposed Regulations Submitted for Approval, Expedited Review Requested

    Authors: Wynter L. Deagle, Partner, Troutman Sanders Sharon R. Klein, Partner, Pepper Hamilton Alex C. Nisenbaum, Partner, Pepper Hamilton Ronald I. Raether, Partner, Troutman Sanders Anne-Marie Dao, Associate, Troutman Sanders Sadia Mirza, Associate, Troutman Sanders Attorney General Xavier Becerra submitted the final proposed regulations package under the California Consumer Privacy Act (CCPA)...

  • Complimentary Webinar Invitation: The Nuts and Bolts of CCPA 2.0

    Please join Troutman Sanders and Pepper Hamilton for a complimentary webinar titled, “The Nuts and Bolts of CCPA 2.0,” on June 10, 2020 at 1pm ET. During this webinar, partners Ronald Raether, Sharon Klein, Wynter Deagle, and Alex Nisenbaum will provide an overview of the California Privacy Rights Act ballot initiative (dubbed, “CCPA 2.0”) and...

  • Federal Courts May Be Trending Toward Delaying CBD Consumer Class Action Lawsuits

    Relying on the regulatory and legal uncertainty surrounding cannabidiol (CBD), Food and Drug Administration statements and state laws, several class actions have been filed since late 2019 against companies selling CBD products, a number of which have been filed in California federal courts. In at least two cases, courts have adopted defendants’ requests to delay...

  • Treasury and IRS Issue Long-Awaited Proposed Regulations for Section 45Q Production Tax Credits for Qualified Carbon Sequestration

    On May 28, 2020, Treasury and the IRS issued Proposed Regulations under Section 45Q of the Code, which provides for a production tax credit for persons who physically or contractually ensure the capture and disposal of qualified carbon oxide. The Proposed Regulations address the requirements for capture and disposal, the use of qualified carbon oxide...

  • EPA Overhauls Clean Water Act Section 401 Regulations

    On June 1, 2020, the Environmental Protection Agency (“EPA”) released a final rule establishing procedural requirements for water quality certifications under section 401 of the Clean Water Act (“CWA”).  EPA’s August 2019 notice of proposed rulemaking (“NOPR”) articulated the Agency’s first-ever statutory interpretation of section 401 since its enactment nearly 50 years ago, and proposed...

  • Complimentary Webinar: Why Can’t You Meet Me in the Middle?

    We are pleased to announce that Troutman Sanders attorney, Samrah Mahmoud, will present during the Berkeley Research Group’s interactive webinar, “Why Can’t You Meet Me in the Middle? When, Why, and How to Mediate TCPA Class Actions,” on June 4, 2020 at 1:00 pm CDT. With courts across the country closed in response to the...

  • FERC Approves Additional Early Action Investments to Support Longer License Term on Relicensing

    On May 26, 2020, FERC staff issued an order determining that additional information provided by the South Carolina Public Service Authority (Santee Cooper) was sufficient for FERC to determine that certain investments made over the term of the existing license for the Santee Cooper Project (FERC No. 199) satisfied the criteria under section 36(b) of...

  • President Trump Issues Executive Order Directing Regulatory Relief to Support Economic Recovery from COVID-19

    On May 19, 2020 President Trump issued an Executive Order directing federal agencies to “combat the economic consequences of COVID-19” by “rescinding, modifying, waiving, or providing exemptions from regulations and other requirements that may inhibit economic recovery.” To encourage a nationwide economic recovery from the impacts of COVID-19, the Order includes five directives to the...

  • Dam Fails at Michigan Project with Revoked FERC License

    On May 19, 2020, the Edenville dam on the Tittabawassee and Tobacco Rivers in central Michigan was breached during historic flooding.  The downstream FERC-licensed Sanford Dam (Project No. 2785) was later overtopped by the increased flows from the Edenville breach.  Evacuation orders were issued for around 10,000 residents in the area and floodwaters from the...

  • Troutman Sanders Weekly Consumer Financial Services COVID-19 Newsletter

    Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Sanders and Pepper Hamilton have 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...

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