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27 results on '"Strickland, Julia B."'

1. A return to the 1980s? Lenders beware.

Author

Strickland, Julia B., Campbell, William, American lawyer, and Pearson, Scott M.

Subjects
Lender liability -- Analysis, Bad faith (Law) -- Analysis
Published
2009

2. Shock waives: the California Supreme Court has left the door open to the enforcement of contractual waivers of jury trials and class action arbitrations.

Author

Strickland, Julia B. and Newman, Stephen J.

Subjects
Waiver (Civil procedure) -- Laws, regulations and rules, Right to trial by jury -- Laws, regulations and rules, Class actions (Civil procedure) -- Negotiation, mediation and arbitration, Commercial arbitration agreements -- Laws, regulations and rules, Grafton Partners v. Superior Court (36 Cal. 4th 944 (2005)), Government regulation
Published
2006

4. Recent developments in litigation under the Equal Credit Opportunity Act.

Author

Strickland, Julia B. and Simonetti, Lisa M.

Subjects
Discrimination in consumer credit -- Laws, regulations and rules, Financial institutions -- Laws, regulations and rules, Class actions (Civil procedure) -- Laws, regulations and rules, Government regulation, Equal Credit Opportunity Act
Published
2004

5. Recent developments in consumer financial services arbitration.

Author

Strickland, Julia B., Pearson, Scott M., and Moon, David W.

Subjects
Financial services industry -- Negotiation, mediation and arbitration, Debtor and creditor -- Negotiation, mediation and arbitration, Class actions (Civil procedure) -- Negotiation, mediation and arbitration
Abstract

Lenders continue to seek to rely on arbitration to limit the threat of class action litigation. In this article, the authors review some of the recent developments in the law pertaining to the use of arbitration agreements in these circumstances.

Published
2001

6. A new exception to the well-pleaded complaint rule?

Author

Strickland, Julia B.

Subjects
Judgments, Declaratory -- Cases, Exclusive and concurrent legislative powers -- Cases, Jurisdiction -- Cases, First National Bank v. Taylor (907 F.2d 775 (8th Cir. 1990))
Published
1991

7. Shifting the loss: claims in defenses in check kite litigation.

Author

Strickland, Julia B. and Moon, David W.

Subjects
Tort liability of banks -- Management, Checks -- Interpretation and construction, Business losses -- Management
Abstract

The authors discuss measures banks should take to limit their liability for losses from check kiting in the check collection process.

Published
2000

8. Information practices: the nits and grits versus the net: differing disclosure standards for 'retail' versus 'professional' investors.

Author

Strickland, Julia B. and Wedlock, Shanda D.

Subjects
Investors -- Laws, regulations and rules, Disclosure (Securities law) -- Laws, regulations and rules
Abstract

Securities disclosure standards are the same for both paper-based and Internet offerings, but courts have often distinguished between investors considered sophisticated or professional and those less experienced or limited. Because courts make a distinction, they have tended require a stricter standard of disclosure. Because Internet offerings often target the unsophisticated investors, the stricter standard of the courts most likely will be applied.

Published
1997

9. Regulation of road shows.

Author

Strickland, Julia B. and Neier, David

Subjects
Securities -- Marketing, Trade shows -- Laws, regulations and rules
Abstract

SEC regulations for initial public offering road shows are presented. Legal issues raised by the US Supreme Court's decision in Gustafson v. Alloyd Co. and the passage of the Private Securities Litigation Reform Act of 995 are covered.

Published
1996

10. Regulation of security analysts.

Author

Strickland, Julia B.

Subjects
Investment advisers -- Laws, regulations and rules, Disclosure (Securities law) -- Laws, regulations and rules
Abstract

Securities analysts are essential for determining what investments are right for investors. However, analysts must be careful what information they disclose to clients and thus many firms have developed Chinese Wall policies to avoid legal problems. Analyst rules based on various securities laws are discussed.

Published
1996

11. Application of the bespeaks caution doctrine to federal securities fraud claims.

Author

Strickland, Julia B. and Manesis, Mary D.

Subjects
Disclosure (Securities law) -- Laws, regulations and rules, Securities fraud -- Laws, regulations and rules, Worlds of Wonder Securities Litigation, In re (35 F.3d 1407 (9th Cir. 1994))
Abstract

The bespeaks caution doctrine operates as a defense in securities fraud cases when adequate cautionary language accompanies forward-looking statements that are the basis of the litigation. The doctrine is based on materiality and reasonableness of reliance arguments and can be applied both at the pleading stage and the summary judgment stage. Courts typically require precision in the disclaimers used, and the mere presence of cautionary language will not automatically result in the application of the doctrine.

Published
1995

12. 'Arbitration Update - Relief Sought In Class Action Held Not To Be 'Public Injunctive' Relief'

Author

Strickland, Julia B.

Subjects
Citibank N.A. (New York, New York) -- Cases, Class action lawsuits -- Evaluation, International mediation -- Cases -- Laws, regulations and rules, Banking industry -- Cases, Company legal issue, Government regulation, Banking industry, Business, international
Abstract

This Stroock Special Bulletin provides an update with respect to litigation involving arbitration provisions. Recently, a California federal district court held that relief sought in a putative class action was [...]

Published
2018

13. TCPA Update - Predictive Dialer Held Not To Be An ATDs

Author

Strickland, Julia B.

Subjects
United States. Federal Communications Commission -- Cases, Sirius XM Radio Inc. -- Cases, Telephone numbers -- Cases, Radio broadcasting industry -- Cases, Government agencies -- Cases, Trade associations -- Cases, Company legal issue, Industry association information, Business, international, Telephone Consumer Protection Act of 1991
Abstract

The issue of whether a predictive dialer constitutes an automatic telephone dialing system ('ATDS') under the Telephone Consumer Protection Act ('TCPA') has been a critical litigation focus across the country [...]

Published
2018

14. 'California Enacts Broad-Reaching Consumer Privacy Legislation'

Author

Strickland, Julia B.

Subjects
Data security -- Laws, regulations and rules, Legal liability -- Evaluation, Personal information -- Laws, regulations and rules -- Safety and security measures, Right of privacy -- Laws, regulations and rules, Government regulation, Data security issue, Business, international
Abstract

With Governor Jerry Brown's signature this afternoon (June 28, 2018), the California legislature passed the most sweeping privacy legislation in the Nation, to avert what promised to be a wildly [...]

Published
2018

15. DC Circuit Issues Long-Awaited Opinion Addressing Challenges To FCC's 2015 TCPA Ruling

Author

Strickland, Julia B.

Subjects
United States. Federal Communications Commission -- Powers and duties, Consumer protection -- Laws, regulations and rules, Independent regulatory commissions -- Laws, regulations and rules, Business, international, Telephone Consumer Protection Act of 1991
Abstract

Nearly seventeen months after oral argument in October 2016, the United States Court of Appeals for the District of Columbia issued its unanimous opinion today on the consolidated appeals of [...]

Published
2018

16. Preemption Battles & Class Actions Ahead?

Author

Strickland, Julia B.

Subjects
United States. Court of Appeals for the 9th Circuit -- Powers and duties, Bank of America Corp. -- Cases, Class action lawsuits -- Cases, Banking industry -- Cases, Interest (Law) -- Cases, Company legal issue, Banking industry, Business, international, National Bank Act
Abstract

On March 2, 2018, a three-judge panel of the Ninth Circuit Court of Appeals reversed the dismissal of a putative class action in Lusnak v. Bank of America, No. 14-56755, [...]

Published
2018

17. 'Opportunities To Reframe CFPB Enforcement'

Author

Strickland, Julia B.

Subjects
United States. Consumer Financial Protection Bureau -- Powers and duties, Consumer protection -- Laws, regulations and rules, Law enforcement -- Laws, regulations and rules, Government regulation, Business, international
Abstract

The past two weeks have seen major developments in court and at the Consumer Financial Protection Bureau (CFPB or Bureau) concerning the Bureau's past and future enforcement activities, all closely [...]

Published
2018

18. 'Finance charges' under TILA.

Author

Strickland, Julia B.

Subjects
Credit cards -- Laws, regulations and rules, Finance charges -- Laws, regulations and rules, Truth in Lending Act
Abstract

In Pfennig v. Household Credit Services, the US Court of Appeals for the 6th Circuit decided that the definition of finance charges in the Truth in Lending Act does include over-limit fees on credit cards.

Published
2002

19. Cordray Announces November Departure From CFP

Author

Strickland, Julia B.

Subjects
Consumer protection -- Laws, regulations and rules, Business enterprises -- Management -- Laws, regulations and rules, Government regulation, Company business management, Business, international
Abstract

Richard Cordray today announced his departure from the position of Director of the Consumer Financial Protection Bureau (CFPB) by the end of November 2017, well in advance of the natural [...]

Published
2017

20. 'Senate Votes To Reject CFPB Arbitration Rule'

Author

Strickland, Julia B.

Subjects
United States. Consumer Financial Protection Bureau -- Powers and duties, Consumer protection -- Laws, regulations and rules -- Political aspects, Financial services -- Officials and employees -- Political activity -- Laws, regulations and rules -- Political aspects, Government regulation, Financial services industry, Business, international
Abstract

In a move long-awaited by the financial services industry, the Senate exercised its powers under the Congressional Review Act, approving a joint resolution rejecting the Consumer Financial Protection Bureau's arbitration [...]

Published
2017

21. Ninth Circuit Holds That Previously-Deceived Consumer Has Article III Standing To Seek Injunctive Relief

Author

Strickland, Julia B.

Subjects
False advertising -- Laws, regulations and rules, Unfair competition -- Laws, regulations and rules, Advertising law -- Laws, regulations and rules, Government regulation, Business, international
Abstract

The Ninth Circuit Court of Appeals recently held that a consumer who brings a false advertising claim may establish Article III standing based on allegations of her inability to rely [...]

Published
2017

22. What CFPB's First No-Action Letter Signals

Author

Strickland, Julia B.

Subjects
United States. Consumer Financial Protection Bureau -- Powers and duties, NETWORK Inc. -- Cases, Consumer education -- Cases, Software industry -- Cases, Company legal issue, Business, international
Abstract

The Consumer Financial Protection Bureau ('CFPB' or 'Bureau') yesterday issued its first ever No-Action Letter ('NAL') through its Project Catalyst initiative, and the industry - particularly entities in the realm [...]

Published
2017

23. Which Constitutional Question Will Decide PHH v. CFP

Author

Strickland, Julia B.

Subjects
United States. Consumer Financial Protection Bureau -- Cases, United States. Securities and Exchange Commission -- Powers and duties, PHH Corp. -- Cases, Commercial finance companies -- Cases, Company legal issue, Business, international
Abstract

The May 24, 2017, oral argument in PHH Corp. v. Consumer Financial Protection Bureau ('CFPB' or 'Bureau') before the U.S. Court of Appeals for the D.C. Circuit, sitting en banc, [...]

Published
2017

24. D.C. Circuit Strikes Down FCC's Order Requiring Opt-Out Language On Solicited Fax Advertisements

Author

Strickland, Julia B.

Subjects
United States. Federal Communications Commission -- Powers and duties, Television advertising -- Cases, Telecommunications industry -- Cases, Company legal issue, Telecommunications services industry, Business, international
Abstract

On March 31, 2017, the D.C. Circuit issued its long-awaited decision in Bais Yaakov of Spring Valley, et al., v. Federal Communications Commission, et al., No. 14-1234, invalidating the FCC's [...]

Published
2017

25. 2017 Annual Overview Of California's Unfair Competition Law And Consumers Legal Remedies Act

Author

Strickland, Julia B.

Subjects
Class action lawsuits -- Analysis, Unfair competition -- Cases, Equal protection -- Cases, Company legal issue, Business, international
Abstract

OVERVIEW OF DEVELOPMENTS1 Class action lawyers in California wield two powerful tools: the Unfair Competition Law, California Business and Professions Code sections 17200 - 17209 ('UCL'); and the Consumers Legal [...]

Published
2017

27. A REVIEW OF YEAR 2006: SIGNIFICANT ARBITRATION DECISIONS RENDERED BY FEDERAL AND CALIFORNIA STATE COURTS.

Author

Strickland, Julia B. and Newman, Stephen J.

Subjects
ARBITRATION (Administrative law), LEGAL judgments, ACTIONS & defenses (Law), STATE courts
Abstract

The article discusses several significant court decisions with regards to the arbitration agreements on class waiver applications as carried out by the federal and state courts in California. A summary of some of the notable opinions and decisions of the said courts in 2006 with respect to the enforceability of the arbitration law is reviewed.

Published
2007

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