Regulators “embed” in the financial industry [WSJ]. Coming to your business next?
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Posts tagged as:
banks
- “Electronic Arts Has Right to Refer to John Dillinger in Its Video Games” [Volokh]
- Fans of “Civil Gideon” (constitutional entitlement to publicly funded lawyers in civil cases) glum that SCOTUS didn’t give idea much of a boost in Turner v. Rogers case last week [Concurring Opinions symposium, ABA Journal]
- Feds (in particular, the FTC) go after Google [AW, Manne & Wright/TotM, Stoll]
- “The Dept of Education, Yale, and the New Threat to Free Speech on Campus” [Greg Lukianoff/HuffPo] “In Making Campuses Safe for Women, a Travesty of Justice for Men” [Christina Sommers, Chron Higher Ed] Feds crack down on campus flirting and sex jokes [Michael Barone, D.C. Examiner] Heather Mac Donald on Yale hostile-environment complaint [City Journal, earlier] “Why Cross-Examination Rights Matter in Campus Sexual Harassment Cases” [Hans Bader]
- Trial lawyer propaganda coup? HBO airs plaintiff’s-side “Hot Coffee” documentary [Abnormal Use, Ted Frank/PoL, Schwartz/NYT, more, yet more]
- Financial institutions abroad will be pleased to be roped into U.S. regulatory schemes. Won’t they? [Dan Mitchell, Cato at Liberty]
- Proposal for judge-guided negotiations in NY med-mal cases leaves Ted Frank underwhelmed [PoL]
- “Virginia inmate sues after gruesome tries at sex change” [AP]
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- Gender imbalance in Wikipedia and geographic bees? Find something else to worry about [Heather Mac Donald, Slate, via Secular Right; Perry] “On Equality: The Anti-Interference Principle” [Donald Kochan, Chapman, SSRN]
- High-profile NY attorney suspended after “avalanche” of complaints [Turkewitz, more]
- Credit unions vs. class action lawyers [Funnell]
- Obligation to use club cards to facilitate recalls? CSPI’s strange lawsuit against Safeway [Goldfarb, Food Liability Law]
- “Arkansas Justice Has a Generous Lawyer Friend, Disclosure Forms Reveal” [Weiss, ABA Journal]
- NYC pols plan regulatory squeeze on popular inter-city “Chinatown bus” operators [DNAInfo, Reason]
- “Kentucky appeals court reverses $42 million fen-phen fraud judgment” [Courier-Journal, PoL]
- $1,500 per lead brought in: why you see so many mesothelioma ads on the web [three years ago on Overlawyered]
Let’s hope it doesn’t unfold that way, says Richard Epstein [Truth on the Market]
P.S. It looks as if from Congress will accord lawyers and some other professionals an exemption from Federal Trade Commission regulations on identity theft that would have lumped them in with more traditional lenders because they often do not bill clients at the time work is performed. Fair enough, one supposes, but also another indication of the truism that one’s success in dodging nonsensical regulation is often a function of one’s status as a potent lobby in Washington.
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I’ve got a new post up at Cato at Liberty about a snafu “embarrassing even by the standards of federal government foul-ups”: federal regulations intended to prevent “money laundering” are leading to dozens of mini-diplomatic crises as U.S. banks refuse to do business with smaller countries’ embassies for fear of tripping up under the regulations.
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Larry Ribstein is not persuaded by a ProPublica columnist’s demand for more banker scalps. [Truth on the Market]
A breach-of-contract trial under way in D.C. this week “pits the trial lawyers group American Association for Justice against its would-be lender, Wachovia Bank.” [ABA Journal]
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- Lawsuit of the Day: Partner Booted From Three Firms Sues ‘Em All! [Legal Blog Watch]
- Drawing wrong lessons from the Rutgers suicide [Greenfield and more (proposed "Tyler's Law"), John Schwartz/NYT (quoting Orin Kerr), Volokh and more, Above the Law]
- John Sullivan leaving after 15 years at helm of Civil Justice Association of California [L.A. Times]
- Maybe consumers don’t feel so victimized by overdraft “protection” after all [Bank Lawyer's Blog]
- Yes, it’s another dust-up pitting all sensible Supreme Court commentators against Dahlia Lithwick, if you like that sort of thing [Kerr, Bodie/Prawfs, Ponnuru, Frank; bonus, Richard Epstein on Erwin Chemerinsky and Hans Bader on a prize flight of Lithwick fancy]
- Blog post relatively sympathetic to Righthaven copyright trollery draws many responses [Robert Zelnick, Patently-O]
- “Should they have let the guy’s house burn down?” [Tyler Cowen; Firey, Cato]
- “Drunken man passes out, wins $850K from police” [six years ago on Overlawyered]
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“Ahern may look at higher ATM fees after €300,000 robbery and kidnap” [Irish Times]
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There are lots of them tucked into the bill, and they will probably come at a significant cost for companies in the economy’s financial sector, as I explain in a new post at Cato at Liberty (earlier; more on qui tam and whistleblower matters more generally).
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As the title of Marc Hodak’s post explains: “Because Congress couldn’t pass something called ‘The Free Unlimited Checking Killer for Young, Old, and Underprivileged Americans Act of 2009′”
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“An 86-year-old Vancouver fraud victim has taken a stand against Canada’s biggest bank, saying her Royal Bank branch shouldn’t have allowed her to withdraw $10,000 on her Visa card to give to a scam artist with no questions asked.” [CBC]
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No good deed goes unpunished, suggest the editorialists at the Washington Post of an aggressive enforcement action by New York attorney general Andrew Cuomo over the bank’s Merrill Lynch deal. “Dishonest dealing in the securities markets is a problem. So are duplicative state and federal laws that can make companies repeatedly liable for the same conduct under different legal standards.”
- “U.S. Still Won’t Join International Criminal Court” [Julian Ku, Opinio Juris via Adler] International jurisdiction is a bit of a crime in itself [Stuttaford, NRO "Corner"]
- “Tourette’s Sufferer Sues Starbucks for Discrimination” [Seattle Weekly]
- Colorado: “Science Fair Bans Most Science” [Free-Range Kids]
- For best results in lawsuit against “Girls Gone Wild” producer, it helps not to have made X-rated films [OnPoint News]
- New Mexico revolt against Feds’ takeover of community bank [Bank Lawyer's Blog, more]
- Citizen’s United decision continued: “Yes, money is speech” [Rick Esenberg, Point of Law] “When Individuals Form Corporations, They Don’t Lose Their Rights” [Ilya Shapiro, Cato at Liberty]
- Thomas Lenard and Paul Rubin, “In Defense of Data: Information and the Costs of Privacy” [SSRN last year]
- Sex-harassment charge against six-year-old boy will cost Brockton, Mass. taxpayers $180,000 [Brockton Enterprise]
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- Alleged wife murderer “sues J.P. Morgan for cutting off his home equity line of credit.” Reason cited: “imprisonment”. [Joe Weisenthal, Business Insider via Fountain]
- Charles Krauthammer on the need to “reform our insane malpractice system. … I used to be a doctor, I know how much is wasted on defensive medicine.” [Der Spiegel interview]
- Popehat looks back on turning two, in customarily entertaining fashion [unsigned collective post]
- Sigh: “Chamber of Commerce Sues ‘Yes Men’ for Fake News Conference” [ABA Journal]
- Coverage mandates explain a lot about why health insurance is so much costlier in some states than others [Coyote] More: Tyler Cowen (autism treatment)
- Watch out for those default judgments: PepsiCo hit with $1.26 billion award in Wisconsin state court, says word of suit never got to responsible officials within the company [National Law Journal]
- Ohio appeals court: characterizing incident as “Baby Mama Drama” is not prosecutorial misconduct [The Briefcase]
- Ideological tests for educators? On efforts to screen out would-be teachers not seen as committed enough to “social justice” [K.C. Johnson, Minding the Campus]
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According to Nick Cohen in the Observer/Guardian, some British mathematicians are afraid to publish critiques of “quant” models and techniques employed in the banking and financial worlds for fear of being taken to court under the country’s famously pro-plaintiff defamation laws. More on the Singh case (critic sued by chiropractic association) here and here.
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It’s on both sides of a mortgage foreclosure case. [Al Lewis, Dow Jones Newswires via Carney] More: Lowering the Bar (with fuller explanation).
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