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  • Blog: NextGen Financial Services ReportIt’s the Trustee’s Burden: Can It Be Delegated?Posted on February 20, 2020 by David B. West
    You are the local banker. An elderly husband and wife have been long-standing customers of your bank. They have a modest estate and have set up a living trust so they can avoid the costs of probate. If they both sign as co-trustees, can they add their daughter, who lives in another state, as a...Continue Reading…
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  • Blog: Antitrust UpdateThe Democratic Presidential Candidates and AntitrustPosted on February 18, 2020 by Jonathan H. Hatch, David Kleban
    With the Democratic primary process in full swing, we thought it fitting to take a look at where the candidates stand with respect to antitrust issues.  As it turns out, this is a fairly active election cycle for antitrust, with most Democratic candidates invoking antitrust laws (and proposed laws) in connection with their visions for [...]
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  • Blog: Capital Markets LitigationCryptocurrency and Blockchain Litigation Trends and PredictionsPosted on January 3, 2020 by Alexandra Droz
    As cryptocurrency and blockchain technology have expanded, so too have regulatory scrutiny and ensuing litigation. The lack of a uniformly applicable regulatory framework–particularly regarding whether virtual currencies constitute securities subject to the federal securities laws and registration requirements–has led to confusion and uncertainty. Recently filed “fintech” actions are poised to establish precedent in this novel... Continue Reading
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  • Blog: Banking on This: Spilman Mortgage & Consumer Banking ReportFDCPA Violations Begin When the Violation OccursPosted on May 17, 2018 by Spilman Administrator
    On Tuesday, the United States Court of Appeals for the Third Circuit departed from opinions issued by the Fourth and Ninth Circuits in ruling that violations of the FDCPA begin to run when the violation occurs. In Rotkiske v. Klemm, et al., plaintiff Rotkiske sued a law firm that, in 2009, had obtained a default […]
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