Risks Associated with Fraudulent Surety Bonds

May 28, 2015
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In February, 2015, Darius Johnson was arrested for allegedly selling fraudulent surety bonds to Pennsylvania-based American Architectural Inc., a subcontractor working on the World Trade Center PATH transportation hub (“WTC Hub”). The complaint against Johnson states that he and a co-conspirator sold fake insurance bonds to contractors working on large construction projects, several which were […]

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Cyber Security Issues Faced by Design Professionals

May 26, 2015
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Major cyber-attacks on Target, Anthem, and Sony, received international attention and instigated serious conversations about cyber-security that transcended industries.  While those major attacks were well known, few people heard about the 2013 cyber-attach on the Australian Secret Intelligence Organization (“ASIO”).  When a new ASIO headquarters was being built in Canberra, Chinese hackers gained access to […]

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NY DFS Report Says 1 in 3 Banks Lack Proper Cyber Security Oversight of Third Party Vendors

May 18, 2015
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On April 9, 2015, the New York Department of Financial Services (“DFS”) released its Update on Cyber Security in the Banking Sector: Third Party Service Providers report which found that approximately 30 percent of the banks surveyed do not required third party vendors to report cyber security breaches. The report is a follow-up to letters […]

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Seventh Circuit Defines When Servicers Must Credit Online Mortgage Payments Under TILA

May 15, 2015
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The Seventh Circuit Court of Appeals has ruled that the Truth in Lending Act (“TILA”) requires that mortgage servicers must credit consumer accounts with online mortgage payments on the date the consumer authorizes payment, not the date when the servicer receives the funds from the consumer’s bank. In Fridman v. NYCB Mortgage Co., LLC, No. […]

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U.S. Supreme Court Holds Denial of Debtor’s Bankruptcy Plan Cannot Be Appealed

May 14, 2015
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On May 4, 2015, the U.S. Supreme Court held in Bullard v. Blue Hills Bank, No. 14-116, that a bankruptcy court’s denial of a debtor’s Chapter 13 bankruptcy plan cannot be appealed since that denial is not a final order that merits appeal. Case Background In 2010, Louis Bullard, a Massachusetts homeowner, filed Chapter 13 […]

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TCPA Theories: Developing Trend in Consumer Litigation Law

March 2, 2015
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In 1991, the Federal Communications Commission (“FCC”) implemented the Telephone Consumer Protection Act (“TCPA”).  Generally, the TCPA prohibits unwanted solicitation calls made by automatic telephone dialing systems or by using artificial (or prerecorded) voices, unless the consumer gives “prior express consent.”  Contrary to many misconceptions, calls that fall under the ambit of the TCPA do […]

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NJ Supreme Court to Consider Whether Federal Law Preempts Whistleblower Suit

February 27, 2015
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On February 5, 2015, the New Jersey Supreme Court granted certification in a whistleblower suit to determine whether federal law preempts the plaintiff’s Conscientious Employee Protection Act claims because the dispute requires interpretation of the parties’ collective bargaining agreement (“CBA”). In Puglia v. Elk Pipeline Inc., (Case No. 075171), plaintiff Salvatore Puglia alleged that he […]

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Wyndham Petitions Third Circuit to Reject FTC Data Security Order

February 26, 2015
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In its ongoing litigation with the Federal Trade Commission (“FTC”) that the agency lacks authority to regulate the data security practices of private companies, Wyndham Worldwide Corp. has asked the Third Circuit to consider a recent ruling by the Eleventh Circuit that it lacked jurisdiction in a parallel dispute between the FTC and a Georgia […]

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NY District Court Rules on Deference to Foreign Countries in Obtaining Discovery

February 25, 2015
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On December 22, 2014, the U.S. District Court for the Southern District of New York issued its decision on the question of, “[w]hether a New York judgment creditor, through subpoenas issued on New York offices of international banks, can obtain discovery regarding accounts held by judgment debtors or their agents in various foreign branches of […]

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New Certificate of Insurance Laws

February 24, 2015
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New York has adopted a law standardizing the use of certificates of insurance.  The new law, A.9590/S.6545-A, was modelled after a similar national bill and modified to comply with New York state insurance laws. A.9590 was adopted to address problems that occur when certificates of insurance are issued and they do not accurately represent policy […]

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