Practice on November 12, 2019
Last month’s article, Cognitive Bias and the Law, covered the effects of cognitive bias on legal decision making under risk.1 In legal decision making, lawyers regularly rely on conventional wisdom. They use instinct and intuition to make decisions, but conventional wisdoms are based on an extremely small set of experiences. The most seasoned lawyers may […]
Read MorePractice on October 7, 2019
Over the last couple of years, it seems I keep seeing the same headline over and over: “Justice Department settles with auto finance company for illegally repossessing servicemembers’ cars.” And it’s not my imagination. The United States Department of Justice recently issued a press release (“Press Release”) advising of yet another multi-million dollar settlement with […]
Read MorePractice on October 7, 2019
The college football season is upon us. On game day, the team captains will meet at the 50-yard line for the coin toss. “Heads or tails?” the referee will ask. The home team gets the seeming advantage of picking their option. It is a 50/50 proposition. Yet, 80% of the time, the captain of the […]
Read MoreAutomotive Finance Law on November 13, 2017
In late July, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) released its outline of proposals which – according to the Bureau – “would drastically overhaul…debt collection…” The proposals under consideration would apply to small entities acquiring debts in default (collection agencies, debt buyers, collection law firms and loan servicers). In other words and as […]
Read MoreAutomotive Finance Law on November 13, 2017
Recent action by federal regulators pertains to an area of particular interest to me, and in which I frequently practice – repossessions. For the record, this area of the law is not of specific interest to me solely due to the television shows Operation Repo and Airplane Repo. While I can certainly understand the value […]
Read MoreCorporate & Business Law on September 19, 2017
Should consumer finance companies be allowed to use contracts to guard themselves against class-action lawsuits? Before last week, relatively few people outside of the industry felt one way or another. But on Thursday, the question suddenly became a lot more relevant. On September 7th, Equifax reported that it had suffered a massive data breach: hackers […]
Read MoreCorporate & Business Law on September 19, 2017
We’ve said it before and we’ll say it again: to understand the CFPB, you need to understand another acronym—UDAAP. The Consumer Financial Protection Bureau exists, in large part, to guard consumers against what regulators deem “unfair, deceptive, or abusive acts and practices.” To that effect, half of the enforcement matters that the CFPB has made […]
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Corporate & Business Law / Practice on February 4, 2016
Christopher W. Hayes, Esq., partner at Killgore Pearlman, is speaking on the topic of changes to Florida’s limited liability company act as a faculty presenter at the National Business Institute’s CLE entitled “Florida’s Revised LLC Act: What You Need to Know.” The CLE shall be held on February 5, 2016 at the Crowne Plaza Orlando.
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Employment Law/Non-Compete Agreement on December 9, 2015
The Abercrombie & Fitch clothing chain cannot require its salespeople to buy and wear Abercrombie & Fitch clothes in order to work there, says a federal court in California. The court okayed a class-action lawsuit on behalf of 62,000 Abercrombie employees in the state, based on the claim that the company’s “look policy” required them […]
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Commercial Litigation / Corporate & Business Law on December 9, 2015
“Discovery” is the phase of a lawsuit before trial in which the two sides have a right to demand relevant information from each other. Sometimes, big companies suing little companies try to “bury” the little company with endless requests for information, hoping to find some stray helpful tidbit or simply pressure the little company to […]
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