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Expert Analysis

• Establishing A Record Of Good Faith In Mediation

  

  Viacom v. U.S. Specialty Insurance, and other recent cases, highlight the developing criteria for determining good faith participation in mediation, as well as several practical tips to establish such a record, says Richard Mason at MasonADR.

• Honchariw Case May Greatly Affect Default Loans In Calif.

  

  Because a California state appeals court held in Honchariw v. FJM that default interest is unlawful when a lender assesses it against the full outstanding principal balance on a partially matured loan, lenders should prepare for borrowers to increasingly rely on the case when challenging default interest, say attorneys at Duane Morris.

• 5 Takeaways From Recent CFPB, FTC Equal Credit Push

  

  The Consumer Financial Protection Bureau and Federal Trade Commission overlap in regulating a wide range of banks and nonbanks, and the recent concerted effort from both agencies to address discrimination in financial services should remind organizations to reexamine their anti-discrimination and Equal Credit Opportunity Act compliance, say attorneys at Wiley.

• ABA Opinion Should Help Clarify Which Ethics Rules Apply

  

  A recent American Bar Association opinion provides key guidance on interpreting ABA Model Rule 8.5's notoriously complex choice-of-law analysis — and should help lawyers authorized to practice in multiple jurisdictions determine which jurisdiction's ethics rules govern their conduct, say attorneys at HWG.

• Where Illinois And Federal Law Differ On Community Finance

  

  As state regulators finalize the implementing regulations in the Illinois Community Reinvestment Act, attorneys at Vedder Price break down the law's material provisions, compare them to those in the federal counterpart and outline what banks in the state can expect.

• 4 Ways To Reboot Your Firm's Stalled Diversity Program

  

  Law firms that have failed to see real progress despite years of diversity initiatives can move forward by committing to tackle four often-taboo obstacles that hinder diversity, equity and inclusion efforts, says Steph Maher at Jaffe.

• DOJ's Google Sanctions Motion Shows Risks Of Auto-Deletion

  

  The U.S. Department of Justice recently hit Google with a sanctions motion over its alleged failure to preserve relevant instant-messaging communications, a predicament that should be a wake-up call for counsel concerning the danger associated with automatic-deletion features and how it's been handled by the courts, say Oscar Shine and Emma Ashe at Selendy Gay.

• What To Expect From A Litigation Finance Industry Recession

  

  There's little data on how litigation finance would fare in a recession, but a look at stakeholders' incentives suggests corporate demand for litigation finance would increase in a recessionary environment, while the number of funders could shrink, says Matthew Oxman at LexShares.

• Insureds Must Prep For Drought-Related Service Interruptions

  

  Amid the ongoing U.S. water crisis, corporate policyholders must prepare for the emerging risk of service interruption property damage and time element loss, including through careful examination of their current and renewal property policies, says Micah Skidmore at Haynes Boone.

• How To Select The Right Arbitrator For A Construction Dispute

  Excerpt from Practical Guidance

  

  In construction disputes, selecting an arbitrator is a critical decision with many nuances to consider, as different types of potential panelists all come with their own experiences, views and possible biases, says Edward Gentilcore at Blank Rome.

• Enviro Exemption For NYC Housing Looks Legally Dubious

  

  New York City Mayor Eric Adams' recently announced plan to exempt smaller residential developments from state environmental review may be a laudable attempt to expand the housing supply, but a review of applicable statutes suggests that the mayor lacks the authority to create this exemption, says Richard Leland at Akerman.

• What COVID Home Equity Repayment Plan Means For Lenders

  

  Mortgage servicers need to note expanded borrower protections established by the Federal Housing Administration's recent COVID-19 home equity repayment plan, which balances the FHA's goal of protecting its insurance interests while helping borrowers hold onto their homes, say Jay Wright and Britney Crawford at Bradley.

• CFPB's Reading Of Lending Act May Affect Home Equity Plans

  

  ​​​​​​​If the Fourth Circuit adopts the Consumer Financial Protection Bureau's arguments in Lyons v. PNC Bank, it would remove one tool issuers of home equity line of credit loans currently have to ensure repayment of outstanding debt on their customers' legacy HELOC accounts, say Ralph Mazzeo and Edward Southgate at Dechert.