Consumer Financial Services Legal Update

July 16, 2015

Is Jesinoski a Dangerous Precedent for the Student Loan Industry?

Eric B. Epstein authored this article for The Banking Law Journal regarding the U.S. Supreme Court’s decision in Jesinoski and the implications of the decision for the student loan industry.

Disparate Impact

July 16, 2015

The Burden-Shifting Framework in Disparate Impact Cases: The Inclusive Communities Decision and HUD’s Disparate Impact Regulation

In a recent decision, the U.S. Supreme Court held that disparate impact claims are cognizable under the Fair Housing Act, (“FHA”), 42 U.S.C. § 3601 et seq. See Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. ___, 2015 WL 2473449 (Jun. 25, 2015). The specific issue on appeal in Inclusive Communities was whether Congress intended the FHA to open the door to disparate impact litigation, and the Court answered that question in the affirmative.

Student Loans

July 14, 2015

Student Loan Defaults and the “Borrower Defense to Repayment” Rule

The “borrower defense to repayment” rule has received widespread attention in connection with the problem of student loan defaults, and this article authored by Dorsey partner Eric B. Epstein and Dorsey associate Jessica D. Mikhailevich seeks to place this rule in legal and historical context.

Integrated Disclosure Rule

July 1, 2015

Does the CFPB’s New Integrated Disclosure Rule Preempt New York State Law?

Dorsey partner Eric B. Epstein and Dorsey associate Daniel W. Beebe authored an article for the New York Real Estate Law Reporter discussing the new Integrated Disclosure Rule, focusing on the question of whether this new regulation will preempt certain aspects of New York State law. View the PDF copy of the article appearing in New York Real Estate Law Reporter.

Banking

June 1, 2015

The U.S. Supreme Court’s Decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc.

The U.S. Supreme Court’s Decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc. SUMMARY. In Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. ___, 2015 WL 2473449 (Jun. 25, 2015), the U.S. Supreme Court, in a 5-4 decision, held that disparate impact discrimination claims are cognizable under the Fair Housing Act, 82 Stat. 81, as amended,...

Rescission

April 14, 2015

The U.S. Supreme Court’s Decision in Jesinoski v. Countrywide

Jesinoski was a landmark decision concerning a borrower’s right to rescind a residential mortgage refinance loan. In this Webinar, Dorsey attorneys Joseph T. Lynyak, David A. Scheffel and Eric B. Epstein discuss the implications of this decision for the mortgage industry.