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On May 16, 2024, the United States Supreme Court issued its highly anticipated decision in Consumer Financial Protection Bureau v. Community Financial Services Association of America , determining once and for all that the Consumer Financial Protection Bureau’s (“CFPB”) self-funding mechanism is not...

Minnesota has a unique statute that allows minority shareholders in a closely held corporation to initiate an action for a buy-out of their interests. Minn. Stat. § 302A.751, subdivision 2. Under the Minnesota Business Corporation Act, a closely held corporation is a corporation with 35 or fewer...

The Consumer Financial Protection Bureau continues to expand its presence into different businesses, including for-profit colleges. On April 17, 2024, the CFPB issued a consent order against a for-profit college for computer programming. According to the consent order, the school “offers training...

With the recent emergence of Name Image Likeness ("NIL") compensation, alumni associations focused on raising funds to compensate student athletes have been on the rise. But alumni associations in some form or another have been around as long as some of the oldest colleges and universities in the...

Within the last year ‘ChatGPT’ has become a household name. Some may even know that a company called OpenAI created the chatbot service based on artificial intelligence. What you may not know is that OpenAI applied to register the term “GPT” as a trademark, and that application was recently rejected...

On February 16, 2024, the Consumer Financial Protection Bureau issued revisions to its supervisory appeals process. The Bureau’s supervisory appeals process has not changed since 2015, and the Bureau’s announcement notes that these new revisions “broaden the Bureau officials eligible to evaluate...

Maryland’s intermediate court created new and binding precedent for cases related to misappropriation of trade secrets under the Maryland Uniform Trade Secrets Act (“MUTSA”). In the reported opinion of Ingram, et al. v. Cantwell-Cleary Co., Inc., the Appellate Court of Maryland held that customer...

On November 21, 2023, the Federal Trade Commission (FTC) approved a resolution allowing it to use “compulsory process in nonpublic investigations involving certain products and services that use or claim to be produced using artificial intelligence (AI) or claim to detect its use.” This allows the...

On October 31, 2023, a Missouri jury awarded the plaintiff class in Sitzer/Burnett v. Nar, et al a $1.78 billion damages verdict against several real estate brokerage companies and the National Association of Realtors, based on a finding that the defendants conspired to fix commission being paid by...

I. Introduction: On October 3, 2023, the U.S. Supreme Court held oral argument in Community Financial Services Association of America Ltd. v. Consumer Financial Protection Bureau. This case has potentially widespread implications for the consumer finance industry, as it challenges the...

In September, the Consumer Financial Protection Bureau issued guidance on compliance with the Equal Credit Opportunity Act’s adverse action notice requirements for lenders utilizing artificial intelligence in their credit decision process. Specifically, the Bureau noted that lenders may not rely...

Since Elon Musk announced his decision to remove the iconic bird logo and adopt "X", as Twitter's new logo (the "X Logo"), the rebranding decision has been the talk of the town. The rollout has prompted a barrage of reactions and has many questioning whether the change will attract legal hurdles...

​On May 18, 2023, the Supreme Court unanimously affirmed the Federal Circuit's decision, Amgen Inc. v. Sanofi, 987 F.3d 1080 (Fed. Cir. 2021), that the claims of two of Amgen's patents were invalid for lack enablement. The involved patents, US 8,829,165 and US 8,859,741, are directed to monoclonal...

​The use of artificial intelligence (AI) to create various forms of media raises interesting legal issues relating to the protection of intellectual property. Generative AI is being used to create songs that have vocals and other characteristics that mimic the sound and style of famous musicians...

On May 25, 2023, Florida Governor Ron DeSantis signed legislation amending the Florida Telephone Solicitation Act (“FTSA”). The amendment is intended to reign in the proliferation of individual and consumer class actions filed under the FTSA against businesses. The amendment covers several key areas...

Introduction The Supreme Court of the United States recently clarified the scope of appellate review over "purely legal" issues in cases where no post-trial motions were filed prior to an appeal. In Dupree v. Younger, No. 22-210, the Court unanimously reversed a decision of the United States Court...

On March 23, 2023, the U.S. Court of Appeals for the Second Circuit held that the Consumer Financial Protection Bureau’s (the “CFPB”) funding structure is constitutional. The Second Circuit’s three-judge unanimous panel decision in the case, captioned Consumer Financial Protection Bureau v. Law...