Type Title Practice Area Date
Law Alerts Financial Institutions May Be Subjected To Heightened Fiduciary Duties Real Estate, Development, Land Use and Financing, Complex Commercial Litigation, 2008-12-05
Author(s): Bob Stolebarger,
Abstract: In its November 25th decision Brown v. Wells Fargo Bank, NA et al., the California Court of Appeals held that a broker – even before an agreement has been entered – may owe a fiduciary duty to individuals to disclose the material terms of a proposed contract between them. The unique facts of Brown make it unclear how broadly courts will interpret the decision, but it may pave the way for new lawsuits by brokerage account holders, as well as borrowers and other individuals under contract with financial and other institutions, seeking relief from their contracts. In the economic climate we presently face, look out for the plaintiff’s bar adding this potential lender liability redux to its growing number of predatory lending claims. View PDF.
 
Law Alerts SEC Sets Deadline for Firms to Comment on Significant Proposed Changes to Regulation S-P Governing Privacy of Customer Information Complex Commercial Litigation, 2008-03-14
Author(s):
Abstract: On March 4, 2008, the SEC announced significant proposed changes to Regulation S-P (see Release No. 34-57427 available at http://sec.gov/rules/proposed/2008/34-57427.pdf). The proposed changes, aimed at enhancing the security of customers’ nonpublic personal information, create significant added administrative and financial burdens for securities firms. The proposed changes also allow registered representatives and advisors to retain certain limited customer information when moving firms. This last proposal comes on the heels of the SEC’s enforcement action last summer against NEXT Financial Group, Inc., alleging violations of Regulation S-P relating to customer information allegedly disclosed in connection with broker transfers. The SEC is taking comments on its proposed changes through May 12, 2008. View PDF.
 
Law Alerts Colorado Court of Appeals Reinforces the Broad Reach of Arbitration Clauses in Account Agreements Complex Commercial Litigation, 2007-09-27
Author(s):
Abstract: View PDF.
 
Law Alerts Fair and Accurate Credit Transactions Act ("FACTA") Complex Commercial Litigation, 2007-08-08
Author(s):
Abstract: This HROÂ Alert discusses important legislation mandating the exclusion of certain information from printed credit card receipts. These requirements have spawned numerous class action lawsuits seeking to collect statutory penalties. HRO represents parties who face these kinds of consumer class action lawsuits, and these cases can easily become bet-the-company litigation. View PDF.
 
Law Alerts Recent Developments On Attorney-Client Privilege, Work Product Protections - December, 2006 Complex Commercial Litigation, 2006-12-01
Author(s):
Abstract: This HRO Alert is to update you on recent developments in this important area of law, which impact conduct of internal investigations. Many of you attended the HRO seminar this past November 3rd, which focused on ethical challenges for in-house counsel. Please do not hesitate to contact Nancy J. Gegenheimer at nancy.gegenheimer@hro.com or 303-866-0602 or any of the members of HRO's litigation or employment law team if you have any questions about the potential impact these cases, memorandums, and statements may have on your organization. View PDF.