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Creditor Can Be Liable for 'False' Use of Firm
A creditor can be exposed to liability under the Fair Debt Collection Practices Act where it indicates that a law firm has been retained to collect its debts, but the law firm makes no genuine effort to collect those debts, the U.S. Court of Appeals for the Second Circuit held recently.
A divided circuit panel held that liability can attach under the Act's “false name” exception to creditor immunity in the case of Mazzel v. The Money Store, 11-4525-cv (11/13/2013). The Money Store and its subsidiaries and affiliates are creditors who had purchased mortgages from other lenders. It retained the law firm of Moss, Codilis, Stawiarski, Morris, Schneider & Prior LLP of Denver, CO, to send debt collection letters to homeowners who had defaulted on their mortgages.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.