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Third Circuit Eases Ability to Remand Class Actions to State Court
The Class Action Fairness Act (“CAFA”) eliminated longstanding barriers to removal of cases from state to federal court. To remove a class action under CAFA, it is no longer necessary for all plaintiffs and defendants…
Are Financial Institution Executives Becoming an Uninsurable Risk?
You may have noticed that premiums for Directors and Officers Liability (“D&O”) insurance are skyrocketing, largely as a result of the subprime lending crisis, stock market volatility, and the ensuing financial…
Fears of Future Identity Theft Generally Not Sufficient To Establish "Actual Damages" In A Lawsuit
Over the last few years, incidents involving disclosures of personal information by consumer financial service providers have been big news, ranging from the theft of laptop computers containing social security…
NAACP To File Subprime Suits Against Wells Fargo and HSBC
The latest class action complaints alleging improper subprime lending practices are due to be filed against two banks today. The NAACP plans to file separate class action lawsuits today against Wells Fargo and HSBC.…
Use Of Customer Information For Data Mining May Be A Violation Of California Constitutional Right To Privacy
If you or your company have a loyalty program or collect customer information in any form, and reverse data mine for additional customer information, you face the risk of being sued in California for a violation of the…