Jenner & Block has published its sixth issue of The Consumer Finance Observer or CFO, a newsletter providing analysis of key consumer finance issues and updates on important developments to watch. As thought leaders, our lawyers write about the consumer finance sector on topics ranging from biometric data, compliance, data... Continue reading

Partners David B. Robbins and Marc Van Allen analyze recent GAO bid protest reports for fiscal year 2020. They also examine a Federal Circuit appeals decision involving data rights, as well as provide updates on Section 3610 reimbursement claims and False Claims Act decisions. Continue reading

Partners David B. Robbins and Marc Van Allen discuss recent developments facing government contractors and the changes to expect in the new year in this episode. They also examine proposed rule changes with the Department of Defense and Small Business Administration, as well as bid protest and ASBCA updates. Continue reading

In this episode, Jenner & Block Partners David B. Robbins and Matthew L. Haws examine the consolidation of SBA mentor-protégé programs. They also discuss recent intellectual property developments with the validation of proprietary and technical data, bid protest updates, and a recent Federal Circuit reversal. Continue reading

By: Kelly Hagedorn, David P. Saunders, and Matthew Worby Earlier this year, in Schrems II, the Court of Justice of the EU (CJEU) invalidated the EU-US Privacy Shield.[1] That judgment also cast doubt over the validity of standard contractual clauses (SCCs) as a means by which to transfer personal data... Continue reading

By: David P. Saunders, Kate T. Spelman, and Effiong K. Dampha Privacy was on the ballot this November, at least in California. And it appears that enough people voted in favor of Proposition 24, the California Privacy Rights Act (CPRA), for it to become law. Although the CPRA technically becomes... Continue reading

In this episode, Partners Marc A. Van Allen and David B. Robbins examine the new, and controversial, “Divisive Concepts” executive order prohibiting workplace training materials “teaching that men and members of certain races, as well as our most vulnerable institutions, are inherently sexist and racist.” The hosts also discuss recent... Continue reading

In this episode, Partner Marc A. Van Allen and Special Counsel Carla J. Weiss examine an upcoming interim rule on certain Chinese telecommunication companies that will become effective next month. They also share developments about Section 3610 reimbursements offered by the CARES Act, as well as discuss the Peraton Inc.... Continue reading

In this episode, Partners David B. Robbins and Marc A. Van Allen examine a recent US Government Accountability Office (GAO) report. They cover topics with potentially far-reaching impacts for government contractors, including small business subcontracting plans and an interim rule on certain Chinese telecommunication companies. The hosts also welcome Special... Continue reading

This inaugural edition introduces the hosts and covers key FAR changes, international contracting issues, small business set-aside eligibility requirements, overviews of proposed rules, COVID-19 related contracting issues, as well as protests, claims, and court decisions. Continue reading

In a recent article published by The Recorder, Jenner & Block Partner Kate T. Spelman and Associates Vivian L. Bickford and Effiong G. Dampha examine class action cases that test the limits of the California Consumer Privacy Act, which took effect January 1. “These suits shed light on the various... Continue reading

By: Michael W. Ross I recently attended LendIt’s 2020 conference, the largest Fintech conference of the year. Kudos to everyone at LendIt for successfully transitioning the conference to a remote platform – it was a great few days of speakers and topics including really slick tools for engagement and networking.... Continue reading

By: Alexander N. Ghantous In August of 2020, the Colorado Attorney General’s Office settled two lawsuits concerning Colorado’s right to enforce its consumer loan interest rate limits.[1] The lawsuits involved Avant of Colorado, LLC (“Avant”) and Marlette Funding, LLC (“Marlette”), both of which are not banks.[2] However, partnerships with banks... Continue reading

By: Madeline Skitzki On August 31, 2020, the California Legislature passed Assembly Bill 1864. In general, this bill (1) renamed the Department of Business Oversight as the Department of Financial Protection and Innovation and renamed the commissioner of the Department as the Commissioner of Financial Protection and Innovation, and (2)... Continue reading

Jenner & Block has published its fifth issue of Consumer Finance Observer or CFO, a newsletter providing analysis of key consumer finance issues and updates on important developments to watch. As thought leaders, our lawyers write about the consumer finance sector on topics ranging from artificial intelligence, compliance, data security,... Continue reading

On August 18, 2020, the Center for Biological Diversity, Waterkeeper Alliance, Inc., and Riverkeeper, Inc. (“Conservation Groups”) filed a new lawsuit in the U.S. District Court for the Southern District of New York against the U.S. Environmental Protection Agency and Administrator Wheeler (“EPA”) for failing to comply with their mandatory duties under the Endangered Species Act (“ESA”) in connection with promulgation of EPA’s COVID-19 enforcement discretion policy. Continue reading

Although Illinois Governor Pritzker has scored successes in the federal lawsuits brought against his COVID‑19 Executive Order actions, he has not fared as well, thus far, in state court.... An analysis of the Governor’s successes upholding his Executive Orders in federal court can be found here. For regular updates about the impact of COVID‑19 in the workplace and on business generally, please visit Jenner & Block’s Corporate Environmental Lawyer blog and Jenner & Block’s COVID‑19 Resource Center. Continue reading

Several state and federal court lawsuits have been brought challenging Illinois Governor Pritzker’s proclamations and executive orders related to COVID‑19 (“Executive Orders”). In federal court, in contrast with state court, the Governor has been successful defending his Executive Orders. Continue reading

On Tuesday, August 4, 2020, the California Environmental Protection Agency Office of Environmental Health Hazard Assessment (OEHHA) issued a Notice of Proposed Rulemaking to adopt amendments to the regulations implementing the Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”). Specifically, OEHHA is proposing to amend Title 27 of the California Code of Regulations, by adopting a new Section 25505, to address listed chemicals formed by cooking or heat processing foods. The proposed amendments, if adopted, would provide new, specific “safe harbor” levels for Proposition 65 listed chemicals that are caused by cooking or heat processing in certain food groups. Manufacturers and sellers of these food products in California could then rely on these levels to demonstrate that their products do not require a consumer warning label under Proposition 65. Continue reading

By: Alexander M. Smith While some varieties of food labeling lawsuits (such as lawsuits challenging the labeling of “natural” products) show no sign of dying off, other trends in food labeling litigation have come and gone. Last year, for example, appeared to mark the end of lawsuits challenging the labeling... Continue reading

On July 27, 2020, Virginia became the first state to adopt an emergency workplace safety standard regarding exposure to COVID-19. Virginia is one of the 22 states which has jurisdiction to issue its own workplace safety and health regulations, which must be at least as stringent as regulations issued by U.S. OSHA, but can go beyond federal requirements. Continue reading

By: Charles D. Riely and Michael F. Linden A recent enforcement action by the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) in the Fintech space serves as a cautionary tale for innovators who fail to heed traditional regulations. On July 13, 2020, the SEC and... Continue reading

By: Michael W. Ross, Williams S.C. Goldstein, Amy Egerton-Wiley and Maria E. LaBella Last month, the Office of the Comptroller of the Currency (OCC) adopted a final rule clarifying that the terms of a national bank’s loans remain valid even after such loans are sold or transferred. The rule was... Continue reading

By: Michael W. Ross and Jacob D. Alderdice The implementation of the Paycheck Protection Program (PPP) under Title I of the Coronavirus Aid, Relief and Economic Security Act (the CARES Act) amidst the COVID-19 economic downturn has spawned a growing cottage industry of litigation, including several waves of cases against... Continue reading

By: Neil M. Barofsky, Michael W. Ross and Ali M. Arain On June 8, 2020—shortly after announcing the program was set to launch—the Board of Governors of the Federal Reserve (Federal Reserve) announced material changes to some of the key terms for the “Main Street” lending program.[1] As of June... Continue reading