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13 Jun 2018, 9:37 am by Matthew D. Lee
” In 2012, international bank HSBC agreed to forfeit over $1.2 billion and enter into a deferred prosecution agreement with the Justice Department for violations of the Bank Secrecy Act, the International Emergency Economic Powers Act and the Trading with the Enemy Act.[2] In addition to the $1.2 billion forfeiture, HSBC agreed to pay $665 million in civil penalties for the same conduct to be apportioned among numerous other government agencies, including the Comptroller of the… [read post]
13 Apr 2018, 4:10 am by Andrew Lavoott Bluestone
The elements of an underlying fraud are (1) material representations that were false, (2) the actor knew the representations were false and made them with the intent to induce reliance by the plaintiff, (3) the plaintiff justifiably relied on the actor’s misrepresentations, and (4) the plaintiff was injured as a result of the misrepresentations (see Lee Dodge, Inc. v Sovereign Bank, N.A. [read post]
26 Mar 2018, 6:09 pm by Wolfgang Demino
The court agreed with the Borrowers that (1) their allegations related solely to Cash Biz's use of the criminal justice system so the arbitration clause was inapplicable, and (2) Cash Biz waived its right to arbitration by substantially invoking the judicial process.Cash Biz filed an interlocutory appeal. [read post]
9 Mar 2018, 4:00 am by Kimberly A. Kralowec
Bank of America, N.A., ___ F.3d ___ (Mar. 2, 2018), a putative class action, the Ninth Circuit held that the National Bank Act did not preempt the plaintiff's UCL "unlawful" prong claim predicated on violations of Civil Code section 2954.8(a), as well as a provision of the federal Truth in Lending Act, both of which require payment of interest on escrow account funds. [read post]
9 Mar 2018, 4:00 am by Kimberly A. Kralowec
Bank of America, N.A., ___ F.3d ___ (Mar. 2, 2018), a putative class action, the Ninth Circuit held that the National Bank Act did not preempt the plaintiff's UCL "unlawful" prong claim predicated on violations of Civil Code section 2954.8(a), as well as a provision of the federal Truth in Lending Act, both of which require payment of interest on escrow account funds. [read post]
28 Feb 2018, 12:21 pm by Gregory Forman
In 2015, when the Court of Appeals, in the case of Wells Fargo Bank, N.A. v. [read post]
14 Feb 2018, 2:57 pm by Kevin LaCroix
This past year was an eventful one in the corporate and securities litigation arena. [read post]
17 Jan 2018, 8:00 am by Zuri Blackmon
  To be precise, the TBOR is fairly drafted and provides, at 2 sections:   “5. [read post]
1 Jan 2018, 5:44 pm by Larry Tolchinsky
HSBC Bank USA, N.A., 190 So. 3d 160 (Fla. 4th DCA 2016). [read post]