Congress has finally acted to address two issues that we have addressed in past issues of this Update. One issue we have addressed in the past that has impacted many banks involved frivolous class action lawsuits filed under the auspices of the Electronic Fund Transfer Act. Such claims involved users […]
Publications
New Power-of-Attorney Rules in Nebraska Present Pros and Cons for Bankers
The Nebraska Uniform Power of Attorney Act (the “Act”) took effect on January 1, 2013, providing more detailed guidance for those attorneys-in-fact named on a durable power of attorney (defined as “agents” in the Act). The Act also provides safeguards to third parties working with agents, as well as imposing […]
Whistleblower Protection Under the Dodd-Frank Act—Early Lessons from Case Law
In response to the 2008 financial crisis, Congress in 2010 enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “DFA” or “Act”) to improve the accountability and the transparency of the financial system. One critical provision of the DFA is a section entitled “Securities Whistleblower Incentives and Protection,” […]
Employers Must Use Revised FCRA Forms
For employers performing backgroundchecks, the standard notices that employers routinely use to fulfill their obligations under the Fair Credit Reporting Act (FCRA) have been revised by the Consumer Financial Protection Bureau (CFPB). Use of the new forms was required effective January 1, 2013. Consumer reports are routinely used by […]
Expanding Risks from Medical Staff Peer Review of Employed Physicians
A recent federal court decision in Ohio highlights one of several “new” risks arising from direct employment of physicians by health care facilities. In Nathan v. Ohio State University, a cardiac anesthesiologist sued her former employer, a university medical center and its physician practice group, after her termination of employment, […]