As Congress continues to restrict the ability to bring securities actions and courts continue to narrow the scope of the antitrust statutes, more plaintiffs’ firms are turning as an alternative to consumer class actions that threaten huge exposure – “bet your company” cases where the potential damages are well out of proportion to the supposed wrongdoing. Schnader has a long and successful history defending these cases, obtaining dismissals, defeating class certification, or obtaining summary judgment.
Complex consumer and financial services litigation poses unique risks and challenges for businesses. Such matters require an efficient and cost-effective analysis of the risks presented in each particular action, as well as an in-depth understanding of procedural requirements and substantive elements specific to such claims. Schnader works with clients to evaluate and manage these risks, and to formulate a detailed and practical litigation plan that evaluates both trial and settlement strategies. Schnader is accustomed to not only collaborating with its clients through each phase of the litigation, but also reasonably anticipating and containing legal fees, expert fees, and other costs such as e-discovery.
We achieve optimal results for our clients by being proactive and defending each case aggressively, as well as by providing cost-effective legal representation through the use of experienced, well-trained lawyers and cutting-edge technology. But we do more than just litigate. In anticipation of potential litigation, we assist clients with internal investigations, responding to pre-suit demands and developing internal company procedures.
We have handled the gamut of statutory claims, including ones under the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA), Truth in Lending Act (TILA), the Fair Credit Reporting Act (FCRA), the Fair and Accurate Credit Transactions Act (FACTA), the Real Estate Settlement Procedures Act (RESPA), the Equal Credit Opportunity Act (ECOA), the Fair Debt Collection Practices Act (FDCPA), and state Unfair and Deceptive Trade Practices Acts (UDTPA), as well as claims under the myriad of privacy laws and the common law.
For example, we have assisted clients with the defense of class actions under RESPA concerning mortgage insurance and affiliate relationships; class actions under the FCRA concerning adverse action notices; class actions brought as a result of mortgage payoff-related charges being imposed; suits questioning practices and charges by mortgage and credit card creditors in consumer bankruptcies; class actions questioning credit card issuer charges; and claims under fair-lending laws. Many suits we defend present groundbreaking issues with wide industry impact.
We have also represented clients in professional liability and insurance claims brought under FIRREA which arose out of the failures of a number of banks and savings and loans.
Lender Liability:
Schnader has substantial experience representing financial institutions in federal and state courts and in adversary proceedings in bankruptcy courts across the country. Schnader has handled numerous litigations involving the potential liability of lenders in connection with lending practices as well as the foreclosure, workout and restructuring of loans and other debt instruments.
Because we handle a significant amount of this type of work, our litigators are not only familiar with the claims, defenses and tactics typical of these matters, but also are familiar with the financial, accounting and business concepts that underlie these types of disputes.
Our Clients Are Diverse
We represent a broad spectrum of financial institutions and other creditors. We have been engaged as counsel or special litigation counsel to bank syndicates, creditors’ committees and major creditors in bankruptcies and liquidations in which former officers, directors, shareholders or outside professionals have engaged in fraud or otherwise wrongful practices to the detriment of the debtor, its creditors and/or its insurers. Examples include, but are not limited to, such claims arising out of the ScoreBoard, NELCO, Kent International Associates, Phar-Mor and Walnut Leasing bankruptcies and other bankruptcies.
Schnader has been counsel for RTC/FDIC on professional and director and officer liability in connection with the failures of savings and loans and banks, including Hill Financial (Pennsylvania), Otero (Colorado), Meritor/PSFS (Pennsylvania), Valley Federal (New Mexico), Old Stone (Rhode Island) and First American (Miami).
REITs and RESPA Claims
Schnader also has been counsel for several real estate investment trusts and banks in large and complex litigation involving failed or failing resorts and major city hotels, motels, apartment complexes and office buildings.
We also have defended Real Estate Settlement Procedures Act claims on behalf of lenders in a number of jurisdictions, including defense of a major underwriter of private mortgage insurance in class action litigation pending in federal court in North Carolina, Texas and other jurisdictions concerning claims that the structure of the private mortgage insurance industry violates RESPA.
Representative matters include:
- Counsel for a major underwriter of private mortgage insurance in class action litigation pending in federal court in North Carolina, Texas and elsewhere, involving claims that the structure of the industry violates the federal Real Estate Settlement Procedures Act.
- Counsel for an affiliate of a major mortgage lender in a class action in Bankruptcy Court for the Eastern District of Pennsylvania, asserting the lender and affiliates committed consumer and bankruptcy fraud by assessing post-bankruptcy fees against consumers.
- Counsel for a major underwriter of private mortgage insurance in class action litigation pending in federal court in the Eastern District of Pennsylvania, involving claims that insurers’ supposed use of consumer credit reports violates the Fair Credit Reporting Act.
- Counsel for one of the underwriter defendants in In re: Initial Public Offering Securities Litigation, a multidistrict securities class action in federal court in the Southern District of New York, in which plaintiffs claim that hundreds of initial public offerings and aftermarkets have been manipulated by alleged industry-wide practices.
- Counsel to lender-banks and bankruptcy estate of borrowers to investigate and prosecute claims against accounting firms who provided unqualified audit opinions on fraudulent financial statements of borrowers who defaulted on loans, including claims arising out of the Phar-Mor, Nelco and Kent International Associates Ltd. bankruptcies.
- Counsel for Resolution Trust Corporation and FDIC in professional liability and insurance claims brought under FIRREA which arose out of the failures of Hill Financial Savings Association, Otero Federal Savings and Loan, AmeriFirst Savings Bank and Old Stone Savings Bank, including Resolution Trust Corporation v. Peat Marwick, settled globally for $185 million, and Resolution Trust Corporation v. Deloitte & Touche in the federal court for the District of Colorado.
- Counsel for defendant FDIC Receiver in Hindes v. FDIC, a derivative action brought under FIRREA in federal court in the Eastern District of Pennsylvania relating to the failure of Meritor Savings Bank. Obtained dismissal of all claims against FDIC Receiver.
We also handle direct, derivative, and class action cases involving claims of lender liability, breach of fiduciary duty, breach of contract, fraud, misrepresentation, consumer protection, racketeering, and rights of privacy.
Representative matters include:
- Counsel for a major national bank in consumer class actions asserting RICO violations and seeking in excess of $150 million in damages.
- Counsel for a financial institution defending a breach of contract claim regarding distribution of lockbox remittances.
- Counsel for a financial institution in an action asserting fiduciary mismanagement.
- Counsel for a financial institution in a declaratory judgment action asserting that the financial institution could not increase its trustee compensation.
- Counsel for a financial institution in a class action asserting breach of fiduciary duty, conversion and fraud in connection with interest on funds held in trust or escrow by court.
We have amassed considerable experience on the application of the Uniform Commercial Code’s comprehensive scheme to the resolution of many of the issues that arise in the course of business. We rely on this knowledge in counseling clients on potential and actual claims brought under Articles 3, 4 and 5. We have been highly successful in working with our clients to assess allocation of loss under the UCC and to resolve such claims on pre-complaint demands. In those cases in which a complaint is filed, we have been successful both in dismissing UCC and common claims and in litigating actionable claims to a favorable resolution. We also routinely counsel clients on the implementation and monitoring of internal procedures designed to avoid litigation. As with other litigations we handle, we are sensitive to our clients’ cost/benefit analysis and work collaboratively with our clients in developing fee arrangements that meet our clients’ needs on a case-by-case basis.
Representative matters include:
- Counsel for Pennsylvania depository bank on UCC conversion and common law claims for wrongful payment of checks brought by investor defrauded in Ponzi scheme.
- Counsel for collecting bank on negligence claim brought by defrauded investor.
- Counsel for depository bank on UCC conversion, Uniform Fiduciaries Act and common law claims brought by an employer defrauded by its employee’s check fraud scheme.
- Counsel for issuing bank on claim brought by customer alleging wrongful payment of letter of credit.
- Counsel for depository bank on UCC and common law claims brought by employer defrauded by its employee’s check fraud scheme.
Our Attorneys
Related Practices
News & Publications
- No “Turning a Blind Eye” In Pennsylvania
- Jonathan Hugg Appointed as Hearing Committee Member by Disciplinary Board of PA Supreme Court
- Edward Sholinsky Elected to Schnader’s Executive Committee; Melissa Blanton Re-Elected
- Statute of Limitations in Legal Malpractice Claims – Continuous Relationship versus Continuous Representation
- Schnader a Tier One Firm in “Best Law Firms” Rankings
- PA Supreme Court Holds Online Defamation Cases Can Be Brought Almost Anywhere In Pennsylvania
- Mitigating Inflation’s Impact On Commercial Contracts
- Size Matters: Chipmunks, Elephants, and the Push for Settlements
- Karen Baillie, Jonathan Skowron and Keith Whitson Certified as “Ally-Ready” by Pittsburgh Legal Diversity & Inclusion Coalition
- Third Circuit Takes Broad View of Rule 23(c)(4) Issue-Class Certification
- New York Super Lawyers Named
- Important Updates by Delaware Chancery Court to Its Practice Guidelines
- Schnader Attorneys Named to The Best Lawyers in America
- Supreme Court Protects First Amendment Rights for Students’ Off-Campus Speech
- Jonathan Hugg Quoted by The Business Journals about the SBA’s Targeted EIDL Advance Grant Program
- The Propriety of Out-of-State Service of Certified Mail Without Restricted Delivery in Pa.
- Schnader Attorneys Named to Pennsylvania Super Lawyers List
- Writing/Rainmaking
- Jonathan Skowron Publishes Article in 2020 Professional Liability Defense Survey of Law
- Easing the Pain of Worker Layoffs: Individual Stipends and Other Emergency Benefits Under the Most Recent Federal Stimulus Package For Covid-19
- Richard Barkasy Re-elected to Schnader’s Executive Committee
- Theresa Loscalzo Re-elected to Schnader’s Executive Committee
- New PPP Loan Eligibility, Requirements & Upcoming Deadlines under the Most Recent Federal Stimulus Package
- Book Review – The Worlds of Chippy Patterson
- Is a Neutral Party-Appointed Arbitrator an Oxymoron?
- Warning for Businesses: Pennsylvania Supreme Court Rules Violations of the State’s Unfair Trade Practices and Consumer Protection Act Do Not Require Intent
- New Bankruptcy Code Section Will Help Landlords and Suppliers and Their Tenants and Customers Affected by Covid-19
- Pa. High Court Rejects ‘Continuous Representation Rule’ for Legal Malpractice Actions
- Pennsylvania Supreme Court Expands Right-to-Know Requesters’ Ability to Seek Attorneys’ Fees for Bad Faith Denials
- Edward Sholinsky Honored with 2020 Earl G. Harrison Pro Bono Award
- U.S. Supreme Court Hears Argument on When Employee Misuse of Work Computers May Constitute Criminal Conduct
- What Businesses Need To Know About New Pennsylvania Law Authorizing Commerce Courts
- The City of Philadelphia Issues 180-Day Moratorium on Restaurant Evictions
- Schnader Sponsors the Virtual Fall Event of CeaseFirePA
- Philly Has Two Weeks Left for the Census and Crucial Federal Funding It Provides
- Schnader Attorneys Named to The Best Lawyers in America
- Book Review of “Acts of Omission” by James S. Botswick
- Theresa Loscalzo Elected to the Board of Directors of The Forum of Executive Women
- So Far, a Narrow View of the Pandemic as a Force Majeure Event
- Jurisdictional Issues that Can Cost Your Businesses: What In-house Counsel Need to Know
- Third Circuit Expands First Amendment Speech Protection for Students’ Off-Campus Speech
- New Pennsylvania Superior Court Decision May Help Lenders Expedite Loan Recovery, But Also Frustrate Borrowers
- PA Super Lawyers Named
- Parallel Proceedings: The Pennsylvania Superior Court Adopts a Federal Court’s Framework for Analyzing Requests to Stay Civil Proceedings Pending Ongoing Criminal Prosecution
- COVID-19, Courts and Recovery Through Alternatives to Bankruptcy
- COVID-19: Governor’s Order about Annual Shareholder Meetings in New York
- Handling Contractual Disputes Linked to COVID-19
- Jonathan Skowron Named Publications Chair of DRI’s Pretrial Practice and Procedure Specialized Litigation Group
- U.S. Supreme Court Holds Discovery Rule Not Applicable to Fair Debt Collection Practices Act Cases
- 2019 Harrison Awards for Pro Bono and Community Service
- Schnader Attorneys Named to The Best Lawyers in America 2020
- Schnader Lawyers Named to PA Super Lawyers and Rising Stars
- Schnader Wins Notable Victory in Cy Pres Litigation
- Third Circuit: A business whose reason for existence is obtaining payment on debts is a debt collector under the FDCPA
- Jonathan Hugg Named Co-Chair of Financial Services Litigation Practice Group
- Creditors’ Rights and Business Restructuring Group Wins Two International Awards
- Free Expression Versus Reputation: The Supreme Court’s Weighing of Interests
- 2018 Harrison Awards for Pro Bono and Community Service
- Ralph Wellington Featured in Legal Intelligencer’s Coverage of Philadelphia Diversity Law Group Symposium
- Trying a Pro Bono Case: Lessons Learned and Satisfaction Earned
- Theresa E. Loscalzo Receives Philadelphia Business Journal’s 2018 Woman of Distinction Award
- “The Supreme Court is about to make civility among lawyers mandatory and not aspirational”
- Third Circuit: Warning Debtor that Discharge of Debt May Be Reported to IRS Can Violate the FDCPA
- Call Me by Your Name – Or Risk an FDCPA Claim, Says Third Circuit
- CA Supreme Court: Interest rates on consumer loans in excess of $2,500 can be challenged as unconscionable under California law
- Third Circuit: The CFPB may use a CID to obtain information about all aspects of a company’s business.
- The Third Circuit Holds that Highway Tolls are Not “Debts” Under the FDCPA
- The Third Circuit Holds that the FDCPA Applies to Debt Collectors that Are Collecting Debts They Own
- Third Circuit Sets Precedent on FDCPA Statute of Limitations
- 2nd Cir: Debtor’s Failure to Contest Debt Does Not Insulate Debt Collector from Liability under FDCPA
- Taking a Trip Around the Regulatory Block: U.S. Regulation of Blockchain and Digital Assets
- Don’t Poke the Regulatory Bear: Not a Realistic Option for the Blockchain and Cryptocurrency Industries
- Ralph Wellington Honored as a 2018 Inquirer Influencer of Law
- Richard Barkasy Published “Supreme Court Says Creditors Must ‘Get It in Writing’”
- Edward Sholinsky and Jonathan Skowron Published “Viewpoint” Case Analysis in Pittsburgh Business Times
- All companies registered to do business in Pennsylvania are subject to the courts’ general jurisdiction
- PA Supreme Court Addresses Recovery of Costs and Fees Under Act 6
- David Smith Named Board President of AJC Philadelphia/Southern New Jersey
- Jonathan Hugg Published “Four Takeaways From the ABA Institute’s Blockchain Conference”
- ALI Approves Restatement of the Law of Liability Insurance
- SCOTUS Holds that Class Action Waivers in Employment Contracts Must be Enforced
- Many Schnader Lawyers Named to PA Super Lawyers
- 3rd Circuit Holds that Discovery Rule Does Not Apply to FDCPA’s One-Year Statute of Limitations, But Doctrine of Equitable Tolling Might Apply
- The Third Circuit holds that the discovery rule does not apply to the FDCPA’s one-year statute of limitations, but that the doctrine of equitable tolling might apply.
- Theresa Loscalzo Presents “Success Begets Success: The Importance of Women Supporting Women”
- Theresa Loscalzo Elected to Schnader’s Executive Committee
- Servicer Violated RESPA but Caused no Damages: Eighth Circuit
- Lisa Rodriguez Named to Super Lawyers 2018
- Dennis Suplee Authors the Lead Article for CPR’s Alternatives
- “Getting to Yes: Utilizing Reps and Warranties Insurance to Facilitate M&A Transactions”
- Pennsylvania Supreme Court Extends Reach of Unfair Trade Practices and Consumer Protection Law to Transactions Occurring Outside Pennsylvania and to Non-Pennsylvanians
- What Pennsylvania Creditors Need to Know About the New Uniform Voidable Transactions Act
- Jonathan Hugg Assesses Changes in Pennsylvania’s Creditor-Debtor Laws
- Edward Sholinsky Named Vice President of HIAS Pennsylvania Board of Directors
- PHH Mortgage Settles Lawsuit with States for $45 Million
- Treasury Issues Report Proposing Changes to FSOC Designation Process
- 2017 Harrison Awards for Pro Bono and Community Service
- Dennis Suplee Published a Book Review of “Jury Trials Outside In”
- Schnader Welcomes Partner Jonathan Hugg to Litigation Services Department
- A TCPA Violation Confers Standing Under Spokeo in the 3rd Circuit
- SCOTUS Clarifies Who is a Debt Collector Under FDCPA
- Dennis Suplee Published “A Fellows’ War Story” in Journal of American College of Trial Lawyers
- SCOTUS Clarifies Who is a Debt Collector Under FDCPA
- David Smith Honored by Jewish Learning Venture
- Edward Sholinsky Named to Schnader Partnership
- Schnader a Tier One Firm in 2017 “Best Law Firms” Rankings
- Theresa Loscalzo Named Finalist in Center of Influence Awards
- Dennis Suplee Honored with 2016 Lifetime Achievement Award
- Schnader Welcomes Three New Associates
- Schnader Announces Changes to Firm Management
- The Supreme Court Forecloses Some, but not all, Strategies to Moot a Named Plaintiff’s Putative Class Action
- The Third Circuit Gives the Green Light to RICO Plaintiffs Seeking to Recover Payments for Prescription Drugs
- Schnader Litigation Practices and Attorneys Recognized in the 2016 Benchmark Litigation Guide
- The CFPB Takes Aim at Arbitration Clauses in Contracts for Consumer Financial Products
- Have Big Law Firms Lost Their Way?
- Stephen Fogdall Named Chair of Schnader’s Pro Bono Committee
- Loscalzo Quoted in “Venerable Phila. Health Insurer Cigna acquired by Anthem”
- Third Circuit holds that only “material” representations by a debt collector are actionable under the FDCPA
- Theresa E. Loscalzo Received 2015 Most Powerful & Influential Woman Award
- Bruce Kelson joins Schnader’s San Francisco Office
- Third Circuit Weighs in on Application of Daubert at Class Certification Stage
- The U.S. Supreme Court Unanimously Rules Against the Creditor in Jesinoski
- Pennsylvania Supreme Court Formally Adopts “Gist of the Action” Doctrine
- Trial Practice: The ABCs and Beyond (Part 2)
- Schnader Recognized as Tier One Law Firm in 2015 “Best Law Firms” Rankings
- Jesinoski v. Countrywide Home Loans: The U.S. Supreme Court Seems Ready to Hold that a Borrower’s Right of Rescission Under TILA Need Only be Exercised by Timely Notice, not a Lawsuit
- The “Separate Entity Rule” Remains Alive and Well in New York State
- Schnader Litigation Practices and Attorneys Recognized in the 2015 Benchmark Litigation Guide
- NJ Banks May Not Face Common Law Tort Claims for Improper Electronic Funds Transfers
- American Arbitration Association Panel Distinguishes Third Circuit’s Holding in Opalinski
- NJ Supreme Court: Consumer Contract Arbitration Clauses are Unenforceable Unless Consumers Are Clearly Notified that Court Redress is Waived
- Lisa J. Rodriguez Named the 2014 Professional Lawyer of the Year by AFBNJ and NJCPL
- The Third Circuit Limits the “Benign Language” Exception to the FDCPA Without Endorsing It
- Thirty-One Schnader Attorneys Selected for The Best Lawyers in America 2015
- Third Circuit Holds That a Court, Not an Arbitrator, Must Decide Whether an Arbitration Agreement Authorizes Class-wide Arbitration
- Ninth Circuit addresses TILA tender requirement and RESPA statute of limitations
- If you think you have consent to autodial a cell phone, you may need to think again
- Reading the Tea Leaves: The Supreme Court Seems Likely to Eliminate the ERISA Presumption of Prudence
- In a TCPA case, Eleventh Circuit addresses who may give consent, how consent may be revoked and whether a charge is required
- Ninth Circuit holds that, for purposes of diversity jurisdiction, a national bank is not a citizen of the state in which it maintains its principal place of business
- Seventh Circuit Addresses When Offer of Settlement Can Moot Class Representative’s Interest; Holds That Dunning Letter Offering to “Settle” an Unenforceable Debt Violates FDCPA
- The Solicitor General says there is no presumption of prudence under ERISA
- Joining a split among the circuits, the Fourth Circuit holds that the FDCPA permits debtors to dispute debts orally
- Fifth Circuit says prevailing lender in a wrongful foreclosure action may seek attorney’s fees under Rule 54(d)(2)
- National banks should be unhappy with the Supreme Court’s new removal decision
- Seventh Circuit holds that FIRREA’s time limit for seeking judicial review of a disallowed claim is jurisdictional
- Schnader Names Two New Partners
- Pennsylvania’s Superior Court holds that lenders cannot attach real property held in tenancy by the entirety if it has separate judgments against each spouse
- Plaintiffs fail to establish equitable tolling in another putative RESPA kickback case
- Pennsylvania’s Superior Court creates a conflict with the Third Circuit by holding that UTPCPL claims are not subject to the economic loss doctrine
- Third Circuit Remands Marcellus Shale Case Based on the Class Action Fairness Act’s Local Controversy Exception
- Is the U.S. Supreme Court Poised to Eviscerate the Fraud-on-the Market Theory?
- Creditors can be found liable for violating the FDCPA when they use third party debt collectors that do not make bona fide attempts to collect debts
- Joining a Growing Trend, California District Court Refuses To Follow Glaski
- Consumer Financial Protection Bureau Puts Creditors on Notice of Rulemaking Under the Fair Debt Collection Practices Act
- Webinar: Effective Loan Documentation for Lenders: How to Deter and Prevent Litigation through Proven Loan Documentation Safeguards
- Fourth Circuit holds that lenders can require borrowers to waive ECOA claims in connection with loan work-outs
- Schnader Recognized as a Tier One Law Firm in the 2014 “Best Law Firms” Rankings
- Federal Arbitration Act Preempts Conflicting California Law Exempting from Arbitration Claims for Public Injunctive Relief
- Schnader and Yang & Co. Formalize Representation Arrangement for Indonesia Related Legal Matters
- More on the Filed Rate Doctrine and Force-Placed Insurance
- Seventh Circuit confirms that the FCRA preempts state common law claims
- The Third Circuit holds that communications with debtors during bankruptcy proceedings can expose debt collectors to liability under the FDCPA
- The Filed Rate Doctrine and “Secondarily Billed” Rates
- Deficient Act 91 notices do not divest Pennsylvania courts of subject matter jurisdiction to hear mortgage foreclosure actions
- The Latest Decision on Expert Testimony at the Class Certification Stage
- Third Circuit addresses two issues of first impression regarding the statute of limitations in the Securities Act.
- The Seventh Circuit Suggests that Cy Pres Still Has a Place in Class Actions When Potential Individual Awards Seem Too Small to Justify Class Treatment
- Circuit split widens on actions borrowers must take to preserve their right to rescind under TILA
- Presentment Warranties Under the UCC Do Not Apply to Counterfeit Checks
- Pennsylvania’s Superior Court Addresses the Format and Location of Confession of Judgment Clauses
- The CFPB Offers Guidance to Companies that Furnish Information to Consumer Reporting Agencies
- Third Circuit Predicts Punitive Damages Available Under the Pennsylvania Uniform Fraudulent Transfer Act
- In data breach case, Fifth Circuit says New Jersey’s economic loss doctrine does not bar negligence claim by credit card issuers
- The Second Circuit Applies the Moench Presumption to the Administration of a Lehman Brothers Retirement Savings Plan
- Venue rule does not automatically apply to confessed judgments in Pennsylvania
- “The “Effective Vindication” Doctrine is a Dead Letter After American Express Co. v. Italian Colors Restaurant”
- A Lower Debit Card Interchange Fee Cap is Unlikely to Eliminate Durbin Amendment Fee Increases Plaguing Small-Ticket Merchants
- Schnader Begins Publishing the Schnader Financial Services Blog
- Pennsylvania’s Superior Court Holds That Loan Term Sheets May Be Binding Contracts
- Thirty-One Schnader Attorneys Selected for The Best Lawyers in America 2014
- The Future is Dim for Fair Lending Claims Based on a Discretionary Pricing Policy
- Lenders may be able to reduce litigation risk by obtaining express consent when a borrower pledges the assets of a wholly-owned subsidiary as collateral
- FIRREA Does Not Deprive Courts of Jurisdiction to Rule on Affirmative Defenses to Foreclosure Actions, Holds Pennsylvania’s Superior Court
- The Enhanced Scrutiny of Class Definitions Under the Ascertainability Requirement: An Additional Hurdle for Plaintiffs or an Increased Burden for Defendants?
- The Enhanced Scrutiny of Class Definitions Under the Ascertainability Requirement: An Additional Hurdle for Plaintiffs or an Increased Burden for Defendants?
- Further Developments in the Presumption of Prudence
- The “Effective Vindication” Doctrine is a Dead Letter After American Express Co. v. Italian Colors Restaurant
- The “Effective Vindication” Doctrine is a Virtual Dead Letter After American Express Co. v. Italian Colors Restaurant
- Proposed Changes to Federal Rules Would Place New Limits on Discovery
- The U.S. Supreme Court Grants Cert to Decide Whether the Fair Housing Act Allows for Disparate Impact Claims in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc.
- “Removal Under the Class Action Fairness Act: Proving Jurisdictional Amount-in-Controversy in Light of Standard Fire Insurance v. Knowles”
- New Developments in the Presumption of Prudence Under ERISA: A Dramatic Increase in Liability Exposure Hangs on the Difference Between “Shall” and “May”
- New Developments in the Presumption of Prudence Under ERISA: A Dramatic Increase in Liability Exposure Hangs on the Difference Between “Shall” and “May”
- “Expert Testimony at the Certification Stage: The Impact of Comcast v. Behrend”
- Schnader Attorneys Recognized as Members of the 2012 Capital Pro Bono Honor Roll
- Federal Court Dismisses Class Action Complaint Based on Pre-Complaint Offer of Settlement
- In the Crosshairs: District Courts Utilize Gunn to Dismiss Patent-Related Legal Malpractice Claims for Lack of Subject Matter Jurisdiction
- FIRREA Claims Against Financial Institutions Revived
- Previously Banned Fees Charged to Consumers Now Permissible for Visa and MasterCard Transactions
- Previously Banned Fees Charged to Consumers Now Permissible for Visa and MasterCard Transactions
- Behrend and Amgen: The Supreme Court Sends Mixed Signals About Reaching the Merits at the Class Certification Stage
- Sherzer v. Homestar Mortgage Services: The Third Circuit Takes Sides in a Circuit Split Over How a Borrower Exercises Rescission Rights Under TILA
- Sherzer v. Homestar Mortgage Services: The Third Circuit Takes Sides in a Circuit Split Over How a Borrower Exercises Rescission Rights Under TILA
- Gabelli v. SEC: the Supreme Court’s Statute of Limitations Ruling Puts Pressure on Federal Agencies to Investigate More Aggressively and Sue More Quickly
- California Supreme Court Eases Admissibility of Oral Statements in Contract Fraud Disputes
- FFIEC Proposes Guidance for Use of Social Media by Banks
- “Contracting for Irreparable Harm May Not Be as Effective as You Think”
- “Navigating the Procedural Hurdles in Pennsylvania Merger Litigation”
- Another Court Holds Daubert Analysis Required When Critical to Class Certification
- Ralph Wellington Sheds Light on the Barnes Gallery Move to Philadelphia
- McCarn v. HSBC USA, Inc.: A Federal Court Dismisses a Plaintiff’s Attempt to Apply Antitrust-Conspiracy Principles to a Consumer Financial Protection Statute
- The Supreme Court Declines to Address Whether Financial Institutions Are Entitled to Unqualified Immunity from Claims Arising from the Filing of Suspicious Activity Reports
- “Class Action Waivers After Concepcion: The Emergence of a Circuit Split Over the Decision’s Impact on Federal Claims Has Prompted a Return to the Supreme Court”
- PA Supreme Court to Address Confusion Concerning the Statute of Limitations Governing Guaranties
- Kimmel Cancer Center Honors Barry Bressler with the “Spirit of Courage” Award
- Delaware Court of Chancery Unveils New Rule for Confidential Filings
- Referee Magazine: “Play It Safe Or Risk Civil Liability Suit”
- Schnader Recognized as a Tier One Law Firm in the 2013 “Best Law Firms” Rankings
- Schnader Attorneys Recognized as Members of the First Judicial District of Pennsylvania’s Pro Bono Roll of Honor
- FTC Reaches Settlement on Charges Under the Fair Credit Reporting Act and FTC Act Against Seller and Buyers of Consumer Financial Information
- “Resolving the Split on Split Fees Under RESPA: Freeman v. Quicken Loans Holds That Fee-Splitting Is Prohibited Only if the Fee Actually Is Split”
- Class Action Waivers After Concepcion: The Emergence of a Circuit Split Over the Decision’s Impact on Federal Claims Makes a Return to the Supreme Court Likely
- Thirty-Three Schnader Attorneys Selected for The Best Lawyers in America 2013
- Recent Decisions Provide Guidance with Respect to the Application and Scope of Anti-Retaliation Provision of Dodd-Frank
- Consumer Financial Protection Bureau Update: The Proposed Mortgage Servicing Rules
- Consumer Financial Protection Bureau’s Regulatory Agenda Highlights Numerous Mortgage-Related Rules on the Horizon
- “Pitfalls for Sellers and Purchasers of Defaulted CMBS Loans”
- Consumer Financial Protection Bureau Seeks to Extend Regulation E to Certain Prepaid Cards
- Resolving the Split on Split Fees Under RESPA: Freeman v. Quicken Loans Holds That Fee-Splitting Is Prohibited Only if the Fee Actually Is Split
- “Comments Provide Clues of Future CFPB Oversight on Private Student Loans”
- The FTC Final Report: Protecting Consumer Privacy in an Era of Rapid Change
- Consumer Financial Protection Bureau Proposes New Rules for Mortgage Servicers
- Ralph Wellington Elected to the Board of Directors for the International Academy of Trial Lawyers
- Consumer Financial Protection Bureau Broadens Its Oversight to Include Certain Debt Collectors and Credit Reporting Agencies
- Schnader’s Dennis Suplee Featured in an Interview with The Legal Intelligencer
- The Consumer Financial Protection Bureau Completes Its First Six Months – But Questions About Its Future Remain
- “2011 Sees Focus on Whistleblowing and Dodd-Frank Claims”
- Court Holds That the Business Judgment Rule Does Not Apply to Protect the Decisions of Corporate Officers in California
- Ralph Wellington Named One of the Region’s Top Attorneys
- “Gauging The Personal Guaranty For Your Borrower’s Loan”
- Schnader’s Washington, D.C. Office Adds To Its Ranks
- Do Not Let the Third Circuit’s Recent Decision in Liggon-Redding v. Estate of Robert Sugarman Scare You: An Alternative Method to Dispose of Meritless Legal Malpractice Actions Remains
- Sixty-Five Schnader Attorneys Rated AV® Preeminent™ by Martindale-Hubbell®
- Thirty Schnader Attorneys Recognized as “The Best Lawyers in America” for 2012
- Supreme Court Clarifies That Loss Causation Is Not Required to Obtain Class Certification
- Super Lawyers Recognizes Many Schnader Attorneys in 2011
- Recent Second Circuit Opinion Invalidates Class Action Waiver Provision in a Commercial Contract
- “The Small Bank Exemption to Dodd-Frank’s Swipe Fee Regulations: “Honor-All-Cards” Contractual Provisions May Not Protect Small Banks”
- “The Prospect of a Housing Finance Market Without Fannie and Freddie”
- Interlocutory Appeals of Denials of Motions to Dismiss in the Wake of Twombly: A New Option for the Defense?
- “DOJ’s Antitrust Suit Against American Express Will Steer Profits to Merchants, But Won’t Help Consumers”
- Third Circuit: A Class Action Waiver Presents an Issue of Arbitrability to be Decided by the Court, Not by an Arbitrator
- “Third Circuit Requires Plaintiffs to Prove Causal Link and Breach of Duty in Deepening Insolvency Cases” part 2
- American Needle, Inc. v. National Football League – Is Every League or Association a “Walking Conspiracy” for Purposes of Antitrust Analysis?
- Schnader’s Loscalzo and Smith Quoted in Philadelphia Business Journal Article on Legal Trends
- The Third Circuit Clarifies the Robinson-Patman Act’s “Competing Purchaser” Requirement
- Third Circuit Requires Plaintiffs to Prove Causal Link and Breach of Duty in Deepening Insolvency Cases, part 1
- Dennis Suplee One of Two Pennsylvania Lawyers Recognized by The International Who’s Who of Commercial Litigators
- Delaware Chancery Court Rejects Notion That a Director’s Duty to Oversee a Corporation Encompasses Duty to Monitor Business Decisions
- Troubled Asset Relief Program Imposes Minimal Restrictions on Executive Compensation and Corporate Governance
- Wellington Comments on the Economic Downturn’s Effect on Law Firms
- Wellington Quoted in Legal Intelligencer Article on How the Uncertain Economy Is Affecting Law Firms
- Ario v. Deloitte & Touche: Pennsylvania’s Commonwealth Court Re-Kindles Confusion About the ‘Deepening Insolvency’ Doctrine
- Second Circuit Casts Doubt on the Continued Viability of Mandatory Arbitration Clauses and Class Action Waivers in Consumer Credit Card Contracts
- Schnader Attorneys Tout Benefits of Pro Bono
- Suplee Re-appointed Co-Chair of American College of Trial Lawyers’ Access to Justice and Legal Services Ctte.
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