Podcasts about Of counsel

Retired trial judge, Rusty Duke, came to the Hoffman Process on the advice of his wise, eleven-year-old granddaughter. Her father, Rusty's son, had returned home happier after his time in California. While swinging on a porch swing together, Rusty and his granddaughter were talking. She said she thought that Rusty, her grandfather, was happy, but Rusty would return from California even happier, just like her dad had. Rusty listened to her wise counsel. Just two days later, he registered for the Process. The prominent theme running through Rusty's story is happiness. He was a happy child. He has a good life. And, Rusty did, indeed, return home even happier. One of the most important realizations students have during the Process is that we are not our patterns. Before coming to the Process, Rusty didn't know he had patterns. Realizing that we have patterns and that we aren't those patterns can open the door to a deeper discovery of life and who we are. In Rusty's words, Hoffman "brings a reality to life. It helps you to stop and listen and consider where you are, who you are, and what you are." During his week at the Process, Rusty crossed the 'bridge' into a newfound sense of self-love, shepherded by the love he felt from his Process-mates. He'd never really heard anyone talk about self-love before. Rusty left California and returned home, leaving behind the negative voices in his head that can keep self-love at bay. We hope you enjoy this heartwarming conversation with Judge Rusty Duke and Drew. More about Rusty Duke: Rusty Duke is a retired trial judge, married 52 years, with three children and nine grandchildren. He lives in Greenville, North Carolina, and is 'Of Counsel' at a local law firm. Duke enjoys visiting with his children and grandchildren and traveling with his family and friends. He enjoys being involved in community activities and service. Rusty enjoys speaking to various local civic groups and caring for a local camp. He recently published his first book, “Call Your Next Case: My Stories.” As mentioned in this episode: Blackbeard the Pirate Edward Teach (or Thatch), better known as Blackbeard (c. 1680 – 22 November 1718) Blackbird's buried treasure chest Blackbeard House in Beaufort, NC, circa 1700 The Algonquian Peoples Hoffman tools mentioned: The Quadrinity Spiritual Self, the body, the intellect, and the emotional self. Patterns: Patterns are typically negative, compulsive, automatic, and emotionally charged. They can be direct copies of parental behaviors, rebellions against them, or reactions to them. Read more about patterns here. Recylcing Transforming negative patterns into positive alternatives requires following the Cycle of Transformation. The tool used to transform patterns is recycling. The Hoffman App Your journey to discover your authentic self does not end after completing a Hoffman course. Rather, it is just the beginning. The Hoffman App is here to support you as you continue this journey, today and far into the future. The app is full of guidance, practices, and visualizations to inspire and help you achieve your personal goals. We like to think of this app as “Hoffman in your pocket.” It's available at the App Store.  

Andrew Mahler, Vice President of Privacy and Compliance Services, Clearwater, speaks with Drew Stevens, Of Counsel, Parker Hudson Rainer & Dobbs LLP, about the intersection of artificial intelligence (AI) in health care and the evolving landscape of nondiscrimination regulations. They discuss the significance of the final rule on Section 1557 and nondiscrimination in the use of patient care decision support tools, legal frameworks that apply to the use of health AI, how the “deliberate indifference” standard might be applied, how hospitals and health systems can demonstrate they are not being deliberately indifferent to potential discrimination risks in their AI tools, and enforcement trends. Drew recently authored an article for AHLA's Health Law Weekly about this topic. Sponsored by Clearwater.AHLA's Health Law Daily Podcast Is Here! AHLA's popular Health Law Daily email newsletter is now a daily podcast, exclusively for AHLA Premium members. Get all your health law news from the major media outlets on this new podcast! To subscribe and add this private podcast feed to your podcast app, go to americanhealthlaw.org/dailypodcast.

Kathrin Feil, Head of Indirect Tax bei KPMG, und Rainer Weymüller, ehemaliger Vorsitzender Richter am Finanzgericht München und als Of-Counsel für KPMG tätig, widmen sich in der aktuellen Folge des „VAT to go“-Podcasts der Frage, wann bei Schadenersatzzahlungen Umsatzsteuer anfällt. Ein oft strittiges Thema, wie die zahlreichen Urteile von EuGH, Bundesfinanzhof, Bundesgerichtshof und Zivilgerichten zeigen. Wie die Gerichte ihre Urteile begründen, welche Regelungen es im Umsatzsteuer-Anwendungserlass (UStAE) gibt und was die Definition von „Leistungsaustausch“ mit der Entscheidung zu tun hat, ob bei Schadenersatzzahlungen Umsatzsteuer fällig wird oder nicht, erfahren Sie im Podcast. Viele weitere Umsatzsteuerthemen stehen auf der Agenda der KPMG Jahrestagung „Umsatzsteuer 2025“. Melden Sie sich jetzt an: https://kpmg.com/de/de/home/events/2025/05/hybride-umsatzsteuerjahrestagung-2025.html

In our latest podcast, Deirdre Cummins, Of Counsel in our Pensions Group, is joined by colleagues Daniel Watters and Sarah McCague to delve into key updates in Irish pensions law. From "DORA Day" to the upcoming implementation of auto-enrolment and key case law on retirement age, this conversation unpacks the challenges trustees and employers face, offering practical advice to stay compliant in this evolving regulatory landscape. Full video of podcast available here: https://youtu.be/wvNZ7PhlARk

On this episode of America's Talking, Casey Harper, D.C. Bureau Chief for The Center Square, is joined by Valerie Kloosterman, a physician assistant, and Doug Peterson, Of Counsel for First Liberty Institute. They share Valerie's story of being fired for her beliefs about transgender care, and the legal case that has followed. Support this podcast: https://secure.anedot.com/franklin-news-foundation/ce052532-b1e4-41c4-945c-d7ce2f52c38a?source_code=xxxxxx

Alicia Aiken speaks with Toby Rothschild, Of Counsel, OneJustice, about his career spanning more than 50 years in legal services, how he motivates others to do pro bono work, and why he's still dedicated to teaching and giving back in spite of being “retired.” Toby is the winner of PLI's inaugural Victor J. Rubino Award for Excellence in Pro Bono Training, recognizing his extraordinary contributions as a speaker and program chair for pro bono ethics and related programs. Want to hear about new Pursuing Justice releases? Subscribe to our monthly pro bono emails Explore our Pro Bono programs and resources Learn about our Pro Bono Memberships and Scholarships for qualified organizations and individuals Please note: CLE is not offered for listening to this podcast, and the views and opinions expressed within represent those of the speakers and not necessarily those of PLI.  

Die Themen im heutigen Versicherungsfunk Update sind: Jungmakler Award geht in eine neue Runde Die bbg Betriebsberatungs GmbH sucht wieder junge Maklerinnen und Makler, die sich durch Innovation und Unternehmergeist auszeichnen. Wer nicht länger als fünf Jahre ein eigenes Maklerunternehmen führt, kann sich bewerben. Allianz Commercial ernennt neuen Chief Risk and Resilience Officer Allianz Commercial ernennt Aymeric Martin, derzeit CFO von Allianz Irland, zum Chief Risk and Resilience Officer (CRRO) der Allianz Global Corporate & Specialty SE (AGCS SE). Vorbehaltlich der behördlichen Genehmigung übernimmt er die neue Position zum 1. April 2025 und wird für Risikomanagement, Compliance, Underwriting Integrity & Solutions sowie Global Capital Management verantwortlich sein. Martin bringt über zehn Jahre Führungserfahrung aus den Bereichen Finanzen und Strategie bei der Allianz mit und verfügt über Abschlüsse in Europarecht, Rechnungswesen sowie Finanzen und Betriebswirtschaft. Ascore bewertet Rechtsschutzversicherungen Ascore Analyse hat im aktuellen Scoring für 2025 insgesamt 71 Rechtsschutz-Tarife von 29 Gesellschaften, darunter Assekuradeure, untersucht. Das Scoring wurde um 9 Anbieter und 22 Tarife erweitert sowie um 8 neue Bewertungskriterien ergänzt. Fünf Tarife erhielten die Höchstbewertung von sechs Kompassen: Allrecht Rechtsschutz für das Privatleben Premium, Arag Aktiv-Rechtsschutz - Premium, Deurag Free, Domcura Top-Schutz und Roland Premium. DLA Piper verstärkt Versicherungsrechtsteam Die Wirtschaftskanzlei DLA Piper baut ihre Beratung im Versicherungs- und Rückversicherungsrecht weiter aus. Seit Februar 2025 verstärkt Dr. Thomas Hellebrandt als Of Counsel das Düsseldorfer Büro. Hellebrandt verfügt über mehr als 30 Jahre Erfahrung aus leitenden Positionen bei der VöV Rückversicherung, der Deutschen Rückversicherung AG und dem Verband öffentlicher Versicherer. Seine Schwerpunkte liegen im Versicherungsunternehmens-, Kartell- und Aufsichtsrecht, insbesondere in der Umsetzung von Solvency II. Canada Life erweitert Flexiblen Kapitalplan um Basisvorsorgeoption Canada Life bietet den Flexiblen Kapitalplan ab sofort auch als Basisvorsorgeprodukt gegen Einmalbeitrag an. Mit der Fondspolice Flexibler Kapitalplan basic können Kunden ab 10.000 Euro investieren und steuerliche Vorteile der ersten Schicht nutzen. Die Verrentung ist flexibel zwischen dem 62. und 85. Lebensjahr wählbar, auch eine Teilverrentung ist möglich. Zur Auswahl stehen 26 Fonds, darunter die aktiv gemanagten SAMA-Mischfonds mit verschiedenen Risikoprofilen. Lockton etabliert Digital Office Der Versicherungsmakler Lockton richtet ein Digital Office ein, um Innovationen in den Bereichen Daten, Analysen und Technologie voranzutreiben. Ziel ist es, digitale und datengetriebene Fähigkeiten im Unternehmen zu stärken und transformative Lösungen für Kunden bereitzustellen. Claude Yoder, bisher Global Analytics Leader bei Lockton Re, übernimmt die Rolle des Chief Data, Analytics and Digital Officer.

During Ep. 20 of the Ask the Law Firm Seller Show, Jeremy E. Poock, Esq. addresses the following question: “What are the top 3 reasons why Senior Attorneys question selling to a Growing Law Firm?” Reason #1: Maybe now is not the right time for change As Poock explains, the mid-2020s presents the best time for Senior Attorneys to consider change by selling their law practices because of Google's ongoing disruption to business development in the legal industry. As Poock states, “[F]or those lawyers and law firms that continue to rely on word of mouth, our concern concern for those firms is [that] you're going to generate less clients [and] have a less valuable book of business over time.” If Senior Attorneys, in particular, do not invest in Google and Multi-Channel Digital Marketing, their law firm's most valuable asset, namely, their Book of Business will not replenish similar to the pre-Google Word of Mouth era, which will result in realizing less value for Senior Attorney-led firms. As Poock states, now “is the right time to consider selling your law firm by joining a Growing Law Firm that wants and needs what you have, which is your Book of Business.  And, you want to sell that Book of Business . . . when your Book of Business is as filled as possible with clients and referral sources.” Reason #2: Concern about having a Boss by joining a Growing Law Firm When considering selling their law firm by joining a Growing Law Firm, Senior Attorneys often raise the following concern: “[I]f I join a growing law firm and practice there for X number of years, then I'm just going to have a boss again. And, at this point in my career, when I'm in my late 50s, 60s, or into my 70s, I don't want to have a boss. As Poock states, “I can reassure you, in our experience . . . when our clients sell their firms to Growing Law Firms . . . [t]hey do not have a boss.” Poock explains the following reason why: Unlike the 20-something version of themselves whose former bosses assigned work to them, today's Senior Attorney sellers make their own schedules and do not have bosses because Senior Attorney sellers deliver a Book of Business to Growing Law Firms.  As a result, Senior Attorney sellers, who join Growing Law Firms as Of Counsel attorneys, non-equity partners, and sometimes, partners, travel often, delegate, and choose clients with whom they want to work. “Simply stated, when you join a Growing Law Firm as part of selling your practice, you do not have a boss,” Poock states. Reason #3: Maybe, this year, the Firm's would-be an Internal Successor(s) will offer to purchase the Firm from its Senior Attorney Owner(s) As Poock explains, most would-be Internal Successors are really key employee lawyers who do not want to purchase their boss' law firm and cannot afford to either. As Poock shares, “[W]hat we see often in the marketplace is those same key employees who you hired . . . [t]hey still want only a reliable, predictable, and safe job. . . They're not going to walk down the hallway and offer to purchase your practice.” Instead, as Poock explains, they enhance the value of a Senior Attorney-led firm because Growing Law Firms want and need a Senior Attorney's Book of Business, plus the firm's talented, experienced workforce.

Laura Isabelle Danet, avocate au Barreau de Paris depuis 2015, est Of Counsel chez Franklin depuis 2020.Spécialisée en fusions-acquisitions, private equity et droit des sociétés, elle accompagne des clients français et internationaux sur des opérations d'investissement, de cession et de restructuration, notamment dans l'industrie, l'énergie et les nouvelles technologies. Hébergé par Acast. Visitez acast.com/privacy pour plus d'informations.

Send us a textIn this episode, Dr. Margot Jacquot speaks with Eileen Lysaught about the critical aspects of employment law relevant to mental health practitioners. They discuss the importance of having an employment attorney, the nuances of corporate structures, and the distinctions between employees and independent contractors. Eileen emphasizes the necessity of proper documentation, such as operating agreements and offer letters, to safeguard practices from legal issues. The conversation also covers the implications of non-solicitation and non-compete agreements, providing valuable insights for practice owners. The discussion highlights the evolving nature of employment regulations and the necessity for business owners to stay informed and proactive in their practices.Eileen Lysaught joined Laner Muchin in 2024 as Of Counsel, launching the Firm's Corporate and Commercial Services practice. With over 30 years of experience in business and corporate counseling, she assists her clients with concerns related to corporate agreements and business and employment law counseling.Eileen has extensive experience in the drafting, review and negotiation of corporate agreements for clients related to asset sales and purchases, manufacturing, distribution, vendors, licensing, non-disclosure, leases, operating and shareholder agreements. Eileen is adept in drafting handbooks, record retention plans, and corporate policies as well as in assisting in the implementation and training on those policies. She is also well-versed in offering employment law guidance to assist clients on matters such as ADA disability accommodation requests, human resource auditing, preparing offer letters, severance and employment agreements, as well as guiding clients on matters related to EEOC, ADEA, FMLA and Title VII.Eileen has managed complex human resources issues, training programs and investigations. Prior to joining the firm, she owned a general counsel and business and employment law advisory law firm, where she regularly prepared policies and procedures related to employee leave, sexual harassment, COVID, telehealth and employment handbooks. Eileen also served as Capital Partner for an intellectual property firm where she handled human resources requirements including performance management, onboarding, training and employee counseling in addition to managing all employee training programs such as cybersecurity, sexual harassment, bystander, document retention and more.HONORS, MEMBERSHIPS AND PUBLICATIONSMember, Society of Human Resource Management, 2006 – PresentMember, American Corporate Counsel Association, 1999 – PresentPanelist Speaker: Building It To Scale: Growing a SMB at Every Level – Business Minute Clinic (2018)Eileen Lysaught OF COUNSELO: 312.467.9800 | elysaught@lanermuchin.comDr. Jacquot and her team at The Juniper Center specialize in comprehensive mental health services for individuals, families, and organizations. Whether you're seeking therapy, coaching, or professional consultation, they are here to help.Contact Dr. Margo Jacquot and The Juniper Center:Email: margojacquot@thejunipercenter.comWebsite: www.junipercenter.comBe sure to like this episode, subscribe to our podcast, and share it with someone who could benefit from Dr. Jacquot's expertise!

In this episode of The Marketing Factor, I sit down with my colleague, Jackie Thomson, founder of Of Counsel, to explore the transformative world of PR. With more than 13 years of experience, Jackie shares insights into how PR has evolved from traditional media relations to a multifaceted practice encompassing storytelling, influencer partnerships, and purpose-driven events.

Neste Bitalk vamos descobrir se estamos a testemunhar o fim da globalização e qual vai ser o futuro da Europa, EUA e China no meio disto tudo com Martinho Lucas Pires, Advogado focado em direito bancário e financeiro. Quem manda realmente no nosso país?

Much has been made of the promise and concerns around AI technical advances, and guardrails that might be considered to reduce the downside of opaque quasi-algorithmic outcomes associated with current large language model approaches. This panel will examine the current AI regulatory debate and explore how current and proposed corporate and governmental AI is being shaped and normed to provide outputs that reinforce “mainstream” economic, ideological and operational norms, with the risk of vested interests defining such norms. From national security applications, autonomous vehicle safety decisions, economic predictions, pareto-optimal and social benefit determinations, and health care deployment, to how you are entertained and educated, can we control what most of us can’t understand?Featuring:Mr. Stewart A. Baker, Of Counsel, Steptoe & Johnson LLPMr. Christopher Ekren, Global Technology Counsel, Sony Corporation of AmericaMs. Victoria Luxardo Jeffries, Director, United States Public Policy, MetaProf. John C. Yoo, Emanuel S. Heller Professor of Law, University of California at Berkeley; Nonresident Senior Fellow, American Enterprise Institute; Visiting Fellow, Hoover InstitutionModerator: Hon. Stephen Alexander Vaden, Judge, United States Court of International Trade

In der 266. Episode von Irgendwas mit Recht begrüßen wir Marcel Werner, Justiziar der Stiftung Mercator, um über die vielseitigen Facetten des Stiftungsrechts und seine persönliche Laufbahn zu sprechen. Marcel gibt spannende Einblicke in die Definition und Bedeutung von Stiftungen als gemeinnützige Körperschaften, die dem Allgemeinwohl dienen und durch steuerliche Anreize gefördert werden. Er beschreibt die gesetzlichen Grundlagen im BGB und in der Abgabenordnung, die Organisation und den Unterschied zwischen klassischen und unternehmensverbundenen Stiftungen. Im Laufe des Gesprächs berichtet Marcel auch von seiner früheren Station bei der Krupp Stiftung und wie persönliche Kontakte und zufällige Begegnungen seine berufliche Richtung beeinflussten. Welche Projekte förderte die Stiftung Mercator in letzter Zeit? Welche Rolle spielen Initiativen zur sozialen Teilhabe sowie die digitale Gesellschaft in diesem Zusammenhang? Wie kann man parallel dazu noch als Of Counsel in einer Kanzlei tätig sein? Warum ergeben sich hierdurch spannende Synergien? Antworten auf diese und viele weitere Fragen erhaltet ihr von Marcel in dieser Folge eures Jurapodcasts zu allen Karrierethemen. Viel Spaß!

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this preview are listed below.Wisconsin Bell v. U.S., (November 4) - Telecommunications; Whether reimbursement requests submitted to the Federal Communications Commission's E-rate program are “claims” under the False Claims Act.Advocate Christ Medical Center v. Becerra, (November 5) - Medicare; Whether the phrase “entitled ... to benefits,” used twice in the same sentence of the Medicare Act, means the same thing for Medicare part A and Supplemental Social Security benefits, such that it includes all who meet basic program eligibility criteria, whether or not benefits are actually received.E.M.D. Sales v. Carrera, (November 5) - Labor & Employment; Whether the burden of proof that employers must satisfy to demonstrate the applicability of a Fair Labor Standards Act exemption is a mere preponderance of the evidence or clear and convincing evidence.Facebook v. Amalgamated Bank, (November 6) - Corporations; Whether risk disclosures are false or misleading when they do not disclose that a risk has materialized in the past, even if that past event presents no known risk of ongoing or future business harm.Velazquez v. Garland, (November 12) - International and National Security; Whether, when a noncitizen's voluntary-departure period ends on a weekend or public holiday, a motion to reopen filed the next business day is sufficient to avoid the penalties for failure to depart under 8 U.S.C. § 1229c(d)(1).Delligatti v. U.S., (November 12) - Criminal Law & Procedure; Issue(s): Whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force.NVIDIA Corp. v. E. Ohman J:or Fonder AB, (November 13) - Securities; (1) Whether plaintiffs seeking to allege scienter under the Private Securities Litigation Reform Act based on allegations about internal company documents must plead with particularity the contents of those documents; and (2) whether plaintiffs can satisfy the Act's falsity requirement by relying on an expert opinion to substitute for particularized allegations of fact.Featuring:Tyler S. Badgley, Senior Counsel, U.S. Chamber Litigation CenterKaren Harned, President, Harned Strategies LLCRobert S. Peck, President, Center for Constitutional LitigationCollin White, Of Counsel, Kellogg Hansen(Moderator) Sarah Child, Attorney, Jackson Lewis

John McLaughlin, Donald Trump's pollster, joins Liberty & Justice with Matt Whitaker, Season 3, Episode 17.  Presented by American Cornerstone Institute.  Learn more about ACI at https://americancornerstone.org/  Watch every episode of Liberty & Justice at www.whitaker.tv. John McLaughlin, CEO and Partner, McLaughlin and Associates.  More here: mclaughlinonline.comJohn McLaughlin has worked professionally as a strategic consultant and pollster for over 35 years. During this time he has earned a reputation for helping some of America's most successful corporations and winning some of the toughest elections in the nation. In 2016 John worked as an advisor and pollster for Donald Trump from the primaries through election day. His political clients have included former Presidential candidates Steve Forbes and Fred Thompson, former California Governor Arnold Schwarzenegger, former Florida Governor Jeb Bush, former Georgia Governor Nathan Deal and 22 current and former U.S. Senators and 16 current Republican members of Congress. Internationally, John has done work in Israel for Prime Minister Benjamin Netanyahu, The Conservative Party in the United Kingdom, former Conservative Prime Minister Stephen Harper of Canada and he advised Hungarian Prime Minister Viktor Orban in his 2018 landslide re-election. He is a founding partner of Opiniones Latinas, a public opinion research company dedicated to researching opinions of Latinos nationwide. John has appeared on every major broadcast and cable channel, as well as prominent radio talk shows across America. His articles have been published in a wide range of publications including National Review, Middle East Quarterly, Campaigns and Elections, and The Polling Report. His work has been recognized by winning Telly and PR Week Campaign Awards. John is a graduate of Fordham College (B.A) and holds an M.B.A. from Fordham University with concentrations in Finance and Quantitative Methods. He is also a member of MENSA.  Matthew G. Whitaker was acting Attorney General of the United States (2018-2019).  Prior to becoming acting Attorney General, Mr. Whitaker served as Chief of Staff to the Attorney General. He was appointed as the U.S. Attorney for the Southern District of Iowa by President George W. Bush, serving from 2004-2009. Whitaker was the managing partner of Des Moines-based law firm, Whitaker Hagenow & Gustoff LLP from 2009 until rejoining DOJ in 2017. He was also the Executive Director for FACT, The Foundation for Accountability & Civic Trust, an ethics and accountability watchdog, between 2014 and 2017.   Mr. Whitaker is the Author of the book--Above the Law, The Inside Story of How the Justice Department Tried to Subvert President Trump.  Buy Matt's book here: https://amzn.to/3IXUOb8 Mr. Whitaker graduated with a Master of Business Administration, Juris Doctor, and Bachelor of Arts from the University of Iowa.  While at Iowa, Mr. Whitaker was a three-year letterman on the football team where he received the prestigious Big Ten Medal of Honor. Mr. Whitaker is now a Senior Fellow with the American Cornerstone Institute, Co-Chair of the Center for Law and Justice at America First Policy Institute and a Senior Fellow at the American Conservative Union Foundation. Matt is on the Board of Directors for America First Legal Foundation. He is also Of Counsel with the Graves Garrett law firm.  Whitaker appears regularly to discuss legal and political issues on Fox News, Newsmax and other news outlets.      

Today's podcast, which repurposes a recent webinar, is the conclusion of a two-part examination of the CFPB's use of a proposed interpretive rule, rather than a legislative rule, to expand regulatory requirements for earned wage access (EWA) products. Part One, which was released last week, focused on the CFPB's use of an interpretive rule to expand regulatory requirements for buy-now, pay-later (BNPL) products. We open with a discussion of EWA products, briefly describing and distinguishing direct-to-consumer EWAs and employer-based EWAS. We review some of the consumer-friendly features that are common to EWAs, including that there is no interest charged and they are typically non-recourse, and discuss expedited funding fees and tips, neither of which is required to access EWAs. We also provide an overview of how some states have attempted to regulate (or specifically not regulate) EWAs. We then transition into a discussion of the CFPB's history with EWA products, including the Bureau's advisory opinion in 2020 that took a markedly different approach to EWAs, essentially taking the position that a certain subset of EWAs fell outside of the definition of “credit” under the Truth in Lending Act (TILA) and Regulation Z. The CFPB's proposed interpretive rule, on the other hand, states that EWAs are “credit” and that expedited funding fees and optional tips, in most circumstances, are part of the finance charge that must be disclosed under TILA and Regulation Z. We explore the Bureau's reasoning in support of these conclusions and some of the compliance difficulties that the proposed interpretive rule would create were it to go into effect as written. Since this recording took place, the CFPB has posted over 148,000 comment letters that it has received on the proposed interpretive rule, many of which are from consumers who use EWAs to access a portion of their earned wages prior to their scheduled payday and are concerned that the proposed interpretive rule could limit or jeopardize their access to EWAs. The high number of responses demonstrates the level of interest that the CFPB's proposed interpretive rule has generated. We conclude with thoughts about vulnerabilities with both the proposed interpretive rule for EWAs and the interpretive rule for BNPLs that we described in Part One of this podcast, as well as how these rules could potentially be challenged. One notable development that has occurred since our recording is that the Financial Technology Association has filed a complaint asking a D.C. federal court to strike down the interpretive rule for BNPLs because of the alleged violations of the Administrative Procedure Act that we discuss in this episode. Alan Kaplinsky, former Practice Leader and Senior Counsel in Ballard Spahr's Consumer Financial Services Group, moderates today's episode, and is joined by John Culhane and Michael Guerrero, Partners in the Group, and John Kimble, Of Counsel in the Group.

Jennifer Hatchett, Of Counsel, Hall Render Killian Heath & Lyman PC, and Jennifer McGowen, Senior Counsel, Health Plans and Networks, CHRISTUS Health, discuss considerations related to the provider's role in Medicare Advantage marketing. They cover ways that providers can help their patients select a Medicare Advantage plan, CMS' guidance on “communication” versus “marketing” and what providers can and can't do, and best practices for providers. Jennifer and Jennifer spoke about this topic at AHLA's 2024 Health Plan Law and Compliance Institute in Chicago, IL.To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

In today's podcast, which repurposes a recent webinar, we examine the impact, if any, of a landmark opinion rendered by Judge Daniel Domenico of the Federal District Court for the District of Colorado in a case challenging recently enacted Colorado legislation on interstate loans made from outside Colorado to Colorado residents. We also address the effects this decision and the outcome of this litigation may have on interstate rate exportation by state-chartered banks across the country. We open with a brief history of the interest rate exportation authority of national and state-chartered banks, and theories developed by opponents to attack those exportation powers. Next, we turn to a discussion of the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA), the federal legislation adopted to create competitive equality between state-chartered banks and national banks by giving state banks the ability to export the interest rates and late fees allowed by the laws of the state where the bank is located, notwithstanding interest rate and late fee limitations imposed by the borrower's state. We then focus on the “opt-out rights” conferred on states under Section 525 of DIDMCA, and states that have attempted to exercise (or broaden) this right, including Colorado's recent adoption of an opt-out statute. We then delve into the details of the current court challenge to the Colorado opt-out statute, including a close examination of the statute itself, the state's enforcement position, and the complaint filed by the plaintiff trade associations seeking to strike down the statute. We review the briefs filed and oral arguments made, including amicus briefs filed by the FDIC, supporting the state, and by the American Bankers Association and Consumer Bankers Association, supporting the plaintiffs (the latter of which was submitted on behalf of these amici by Ballard Spahr, LLP). We point out that the position taken by the FDIC in its amicus brief is the exact opposite of the position taken by the FDIC in 1991 in the Greenwood Trust Company v. Commonwealth of Massachusetts case in the 1st Circuit Court of Appeals regarding a Massachusetts opt-out statute. In that case, the FDIC agreed with Greenwood, a Delaware state-chartered bank, that the Massachusetts opt-out statute had no effect on the power of a state-chartered, FDIC-insured bank like Greenwood to charge Massachusetts credit card holders the “interest” permitted by Delaware law. The FDIC never acknowledged or explained this flip-flop in its amicus brief filed or during oral argument in the Colorado statute. We proceed with an in-depth discussion of the thorough and thoughtful opinion issued by Judge Domenico granting the plaintiffs' motion for a preliminary injunction preventing Colorado from enforcing its opt-out statute against their members not located in Colorado who are making loans to Colorado residents from outside Colorado, pending the outcome of the litigation, holding that the plaintiffs are substantially likely to succeed on the merits. This order is currently on appeal in the Tenth Circuit and is in the process of being briefed. We then conclude with thoughts about the potential effect of the Colorado litigation on Iowa's opt-out statute, in place since 1980, a survey of opt-out legislation pending in other states, and how the Colorado litigation might affect the future of opt-out laws in these and other states. Alan Kaplinsky, former Practice Leader and Senior Counsel in Ballard Spahr's Consumer Financial Services Group, moderates today's episode, and is joined by Burt Rublin, Joseph Schuster, and Ron Vaske, Partners in the Group, and Kristen Larson, Of Counsel in the Group.

This new episode focuses on the recent U.S. Supreme Court decision in Loper Bright Enterprises, Inc. v. Raimondo and its impact on administrative law, moderated by Norm Dupont, Of Counsel at Aleshire & Wynder. The discussion features Professor Lisa Heinzerling of Georgetown University Law, a leading scholar in environmental and administrative law, and John Cruden, a Principal at Beveridge & Diamond and former Assistant Attorney General for the Department of Justice's Environment and Natural Resources Division. The panel examines the court's 6-3 ruling, which overturned the long-standing Chevron doctrine, shifting the power of statutory interpretation from agencies to judges, now requiring judges to determine the "best interpretation" of ambiguous laws. Heinzerling provides context on the Chevron doctrine's 40-year application and potential alternatives, while Cruden discusses the implications for future cases from a private lawyer's perspective. Together, they explore the broader effects on administrative agencies, environmental policy, and statutory interpretation.

The U.S. Supreme Court continues to shape arbitration law through a strict interpretation of the Federal Arbitration Act (FAA), with each term introducing new nuances. This program will explore Supreme Court decisions from the latest term and examine recent interpretations by federal appeals courts, focusing on their impact on arbitration practice. The panel will offer practical insights into the evolving landscape of arbitration law, updates for attorneys to ensure compliance with the latest legal developments, and strategies to optimize arbitration for clients currently using or considering arbitration.Featuring: Charles Bennett, Trial Lawyer, Bennett LegalRichard Faulker, Attorney, Faulkner ADR Law, Of Counsel, Bennett LegalPhilip J. Loree, Jr., Partner, The Loree Law Firm

Send us a textIn this episode of Faithful Politics, Will Wright and Pastor Josh Burtram are joined by two legal experts, Professor Corinna Lain from the University of Richmond School of Law and Professor Danielle Wingfield, to discuss the Supreme Court's recent ruling on presidential immunity. The conversation explores how the 2024 SCOTUS decision in Trump v. United States builds on earlier cases like Nixon v. Fitzgerald and Clinton v. Jones, granting former presidents greater immunity from prosecution, even for potentially criminal acts performed in office. The professors delve into the broader implications of the ruling, the balance of powers between the executive branch and other government bodies, and the unsettling possibilities for future presidents to push the boundaries of their authority without legal consequence. They also touch on the potential long-term effects on public trust and accountability in American democracy.Tune in to learn more about this critical case, how it shifts the boundaries of presidential power, and why it's crucial to pay attention as the future of democracy hangs in the balance.Guests Bio:Danielle Wingfield: Professor Wingfield joined Richmond Law from Gonzaga University School of Law where she served as a fellow and visiting assistant professor. Her primary areas of teaching and scholarship include legal history, constitutional law, family law, race and the law, family law, and education law and policy. She earned her Ph.D. in education from the University of Virginia, her J.D. from the University of Richmond, and her B.A. in sociology and philosophy from the College of William & Mary. Professor Wingfield served as Of Counsel for The Child Advocate Law Firm, PLLC in Charlottesville, Virginia prior to returning to academia.Corinna Lain: Professor Corinna Lain is the S. D. Roberts & Sandra Moore Professor of Law at the University of Richmond School of Law. Professor Lain's scholarship focuses on two areas—Supreme Court decision-making and the death penalty—and she has published numerous articles and essays about lethal injection over the last decade. Her work has appeared in the nation's top law journals, including the Stanford Law Review, University of Pennsylvania Law Review, Duke Law Journal, UCLA Law Review, and Georgetown Law Journal, among other venues. Professor Lain is a frequent presenter at both national and international conferences, and is co-author (with Ron Bacigal) of the Virginia Practice Series on criminal law, a four-volume treatise for the bench and practicing "The Faith Roundtable" is a captivating spinoff from the Faithful Politics podcast, dedicated to exploring the crucial issues facing the church in America today. Hosted by Josh Burtram, this podcast brings together faith leaders, theologians, and scholars for deep, respectful discussions on topics at the heart of American Christianity. From the intersection of faith and public life to urgent matters such as social justice and community engagement, each episode offers insightful conversations Support the showTo learn more about the show, contact our hosts, or recommend future guests, click on the links below: Website: https://www.faithfulpoliticspodcast.com/ Faithful Host: Josh@faithfulpoliticspodcast.com Political Host: Will@faithfulpoliticspodcast.com Twitter: @FaithfulPolitik Instagram: faithful_politics Facebook: FaithfulPoliticsPodcast LinkedIn: faithfulpolitics Subscribe to our Substack: https://faithfulpolitics.substack.com/

We interview Leo Strine on the purpose of the corporation, differentiating between shareholder primacy and stakeholder theory. We discuss ESG and the power of stockholders and workers. Leo Strine applies his perspective on corporate purpose to corporate acquisitions and lays out his hopes for the future of corporations. Some critical articles to learn more about the shareholder primacy vs stakeholder theory debate:Origins of the argument: - Merrick Dodd, For Whom Are Corporate Managers Trustees?, 45 HARV. L. REV. 1145 (1932) - Adolph A. Berle, Jr., For Whom Corporate Managers Are Trustees: A Note, 45 HARV.. L. REV. 1365, 1372 (1932)Shareholder primacy ownership argument: - Milton Friedman, A Friedman doctrine– The Social Responsibility of Business Is to Increase Its Profits, N.Y. Times, Sept. 13 1970.Critique on shareholder primacy: - Lynn A. Stout, Bad and Not-so-Bad Arguments for Shareholder Primacy, 75 S. CAL. L. REV. 1189 (2002).Example of Application: - Lucian Bebchuk and Roberto Tallarita, The Illusory Promise of Stakeholder Governance. 106 Corn. L. Rev. 91 (2020).Example of Court Case Application: - Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc., 506 A.2d 173, 177 (Del. 1986)A bit about Leo Strine:Leo E. Strine, Jr., is Of Counsel in the Corporate Department at Wachtell, Lipton, Rosen & Katz.  Prior to joining the firm, he was the Chief Justice of the Delaware Supreme Court from early 2014 through late 2019.  Before becoming the Chief Justice, he served on the Delaware Court of Chancery as Chancellor since June 22, 2011, and as a Vice Chancellor since November 9, 1998.In his judicial positions, Mr. Strine wrote hundreds of opinions in the areas of corporate law, contract law, trusts and estates, criminal law, administrative law, and constitutional law.  Notably, he authored the lead decision in the Delaware Supreme Court case holding that Delaware's death penalty statute was unconstitutional because it did not require the key findings necessary to impose a death sentence to be made by a unanimous jury.For a generation, Mr. Strine taught various corporate law courses at the Harvard and University of Pennsylvania law schools, and now serves as the Michael L. Wachter Distinguished Fellow in Law and Policy at the University of Pennsylvania Carey Law School and a Senior Fellow of the Harvard Program on Corporate Governance. From 2006 to 2019, Mr. Strine served as the special judicial consultant to the ABA's Committee on Corporate Laws. He also was the special judicial consultant to the ABA's Committee on Mergers & Acquisitions from 2014 to 2019. He is a member of the American Law Institute.Mr. Strine speaks and writes frequently on the subjects of corporate and public law, and particularly the impact of business on society, and his articles have been published in The University of Chicago Law Review, Columbia Law Review, Cornell Law Review, Duke Law Journal, Harvard Law Review, University of Pennsylvania Law Review, and Stanford Law Review, among others.  On several occasions, his articles were selected as among the Best Corporate and Securities Articles of the year, based on the choices of law professors.Before becoming a judge in 1998,  Mr. Strine served as Counsel and Policy Director to Governor Thomas R. Carper, and had also worked as a corporate litigator at Skadden, Arps, Slate, Meagher & Flom from 1990 to 1992.  He was law clerk to Judge Walter K. Stapleton of the U.S. Court of Appeals for the Third Circuit and Chief Judge John F. Gerry of the U.S. District Court for the District of New Jersey.  Mr. Strine graduated magna cum laude from the University of Pennsylvania Law Sc

Two Haynes Boone attorneys have the unique role of not just arguing or interpreting law but also writing it. In this episode of "The Legal Landscape" Communications Manager William Joy speaks with Partner John Turner, a former Dallas State Representative, and Of Counsel Rafael Anchia, a Texas State Representative in Dallas. They share their dual roles and experiences balancing legal practice with public service.Featured Speakers: Rafael Anchia, Of Counsel, Finance Practice GroupJohn Turner, Partner, Litigation Practice GroupWilliam Joy, Communications Manager

In today's polarized landscape, can we still have constructive bipartisan dialogue, especially with a contentious election season underway? Are good-faith discussions across divides even possible in America's white-hot political climate? Our panelists say not only are they possible, they're essential if our democracy is to survive and thrive. By fostering respect and understanding – and most importantly, by truly listening to one another - we can still bridge gaps, collaborate, and succeed. Join us with an incredible panel of public servants who believe bipartisan dialogue in a democratic society is both possible and indispensable.  Featuring: Lee Fisher, Former Ohio Attorney General, and Dean and Joseph C. Hostetler-BakerHostetler Chair in Law, Cleveland State University College of Law Betty Montgomery, Former Ohio Attorney General, and Of Counsel, Mac Murray & Shuster Nancy Rogers, Former Ohio Attorney General, and Former Dean of the Executive Committee for the Divided Community Project, The Ohio State University Moritz College of Law The moderator is Laurel Beatty Blunt, Judge, 10th District Court of Appeals, State of Ohio.    This forum was sponsored by The Chief Justice Thomas J. Moyer Legacy Committee of the Ohio State Bar Association and Porter Wright Morris and Arthur.  The livestream presenting sponsor was The Center for Human Kindness at the Columbus Foundation. The livestream partner was The Columbus Dispatch.  It was supported by The League of Women Voters of Metropolitan Columbus and by The Ellis.  This forum was recorded before a live audience at The Ellis in Columbus, Ohio's historic Italian Village on September 4, 2024. 

In this episode, Scott Becker interviews Brian Levy, Of Counsel at Katten & Temple, LLP, as he shares his extensive experience in the mortgage industry, discussing regulatory compliance, market trends, and the evolution of his practice. Levy also talks about his popular newsletter, “Mortgage Musings,” and offers a unique perspective on the future of the […]

In this episode, Scott Becker interviews Brian Levy, Of Counsel at Katten & Temple, LLP, as he shares his extensive experience in the mortgage industry, discussing regulatory compliance, market trends, and the evolution of his practice. Levy also talks about his popular newsletter, “Mortgage Musings,” and offers a unique perspective on the future of the […]

In this episode of S&C's Critical Insights, Nader Mousavi, Co-head of S&C's Artificial Intelligence Practice, and Jay Clayton, Senior Policy Advisor and Of Counsel to S&C, discuss key considerations for boards in their oversight of a company's AI technologies and policies, and how to build an effective AI governance framework. Boards should stay informed and be proactive, Nader and Jay note. With regulations around AI still evolving, having a robust governance framework can protect a company from potential legal issues and enhance a company's reputation for responsible and ethical AI use.  Disclaimer: This is not legal advice.

Ashlee Gray, General Counsel, Transforming Age, and Aleah Schutze, Of Counsel, Steptoe & Johnson PLLC, discuss how long term care providers can navigate the legal and practical considerations of medical marijuana. They cover the current legal and regulatory landscape, legal and compliance risks for providers, and best practices for providers regarding the storage and administration of medical marijuana. Ashlee and Aleah spoke about this topic at AHLA's 2024 Long Term and Post-Acute Care Law and Compliance in San Diego, CA.To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Jenn is an Emory University School of Law Graduate and currently works as the Owner CEO and Certified Life Coach at Jenn Deal Coaching and as Of Counsel at Thomas Horstemeyer. In this episode, I sit down with Jenn Deal, a trademark lawyer and career coach whose journey is a masterclass in self-discovery, resilience, and the power of a growth mindset.We start with Jenn's time at Emory School of Law, where her love for learning made law school both a challenging and deeply fulfilling experience. Jenn shares how a serendipitous encounter with a professor ignited her passion for trademark law, setting her on the path to where she is today.As we delve deeper, Jenn opens up about the struggles she faced—battles with mindset, self-talk, and the pursuit of perfection. She offers insights into how she navigated these challenges, from her clerkship to her current roles. Her reflections on what she wishes she had known earlier in her career are invaluable for anyone on a similar path.The conversation takes a fascinating turn as we explore one of my favorite topics: the growth mindset. Jenn dives into self-talk, self-awareness, and the power of incremental changes. She also introduces the concept of toxic positivity, a new idea for me, but one that's crucial in the world of personal development.Jenn's wealth of knowledge in growth mindset and self-help makes this episode a treasure trove of wisdom. Trust me, you don't want to miss it!Jenn's LinkedIn: linkedin.com/in/jenn-deal-coachingBe sure to check out the Official Sponsors for the Lawyers in the Making Podcast:Rhetoric - takes user briefs and motions and compares them against the text of opinions written by judges to identify ways to tailor their arguments to better persuade the judges handling their cases. Rhetoric's focus is on persuasion and helps users find new ways to improve their odds of success through more persuasive arguments. Find them here: userhetoric.comThe Law School Operating System Recorded Course - Use this Link (https://www.lisablasser.com/offers/nAytQusX?coupon_code=LSOSNATE10) or go to LisaBlasser.com for 10% off her recorded course! This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit lawyersinthemaking.substack.com

Rewards programs drive consumer choice and activity in connection with credit cards and other financial services. The CFPB has reported the most important element by far that influences a consumer's decision to apply for a specific credit card is the rewards program associated with the card. Further, rewards can affect the consumer's choice at the point of sale as to which card to use. In this podcast episode, which repurposes a recent webinar, we explore recent trends in scrutiny of credit card rewards programs and other rewards programs by state and federal regulators and lawmakers. We also address laws and regulations, enforcement, emerging pitfalls, and best practices applicable to rewards programs. We open with a review of how rewards have been treated in the CFPB's reports on the credit card market since 2013, and the significance of and learnings from these reports. We then focus on complaints and federal regulators' enforcement activity relating to rewards programs. Next, we turn to state law developments affecting rewards programs, including laws that specifically apply to rewards programs as well as contract, interchange, and UDAP / UDAAP laws. We then delve into other topics including the current focus on airline – credit card rewards programs by the Department of Transportation and the CFPB; the CFPB's May 2024 report about credit card rewards; and important elements card issuers should keep in mind in the context of co-brand credit card rewards programs. We then conclude with a discussion on best practices to consider in mitigating risks and maximizing the benefits of rewards programs. Alan Kaplinsky, Senior Counsel in Ballard Spahr's Consumer Financial Services Group, moderates today's episode, and is joined by Michael Guerrero and Joseph Schuster, Partners in the Group, and Kristen Larson, Of Counsel in the Group.

The 1978 landmark opinion in Marquette National Bank v. First of Omaha Service Corp held that under the National Bank Act, a national bank has the right to export the interest rate authorized by the state where the bank is located to borrowers located elsewhere. Section 521 of the Depository Institutions Deregulation and Monetary Control Act of 1980 ("DIDMCA") conferred equivalent rate exportation powers on state-chartered, FDIC-insured banks. These interest rate exportation powers (which also extend to certain fees), coupled with technological advances in recent years and the advent of “bank-model” and “banking as a service” (BaaS) programs, have created a robust, competitive smorgasbord of credit products for consumers. However, rate exportation, and the programs it enables, increasingly are subject to challenges from a variety of sources. In this two-part episode, which repurposes portions of a recent webinar, we describe the nature of these attacks, the defenses being deployed by the industry, and who is winning these contests so far, and address what the future may hold for rate exportation. We start Part II with a discussion of states that have adopted, or are considering, “true lender” statutes that aim to recharacterize fintechs and other bank service providers as lenders, thus defeating the originating bank's ability to export rates and fees. We then discuss “true lender” enforcement actions and efforts by state attorneys general, and “true lender” litigation developments including cases where arbitration clauses have been upheld, causing arbitration to be ordered in putative class actions. Next, we talk about attacks on the “valid when made” doctrine (which provides that a loan that was non-usurious when it was made doesn't become usurious after it is transferred to a third party), and “valid when made” regulations adopted by both the OCC and FDIC. We proceed with some tips on how prevailing industry plaintiffs who seek to overturn statutes inimical to rate exportation might recover attorney's fees. We then conclude with a review of recent and pending Supreme Court cases whose outcomes have the potential to affect rate exportation powers and related regulations.   Alan Kaplinsky, Senior Counsel in Ballard Spahr's Consumer Financial Services Group, moderates episode, joined by John Culhane, Joseph Schuster, and Ronald Vaske, Partners in the Group, and Mindy Harris and Kristen Larson, Of Counsel in the Group.

The 1978 landmark opinion in Marquette National Bank v. First of Omaha Service Corp held that under the National Bank Act, a national bank has the right to export the interest rate authorized by the state where the bank is located to borrowers located elsewhere. Section 521 of the Depository Institutions Deregulation and Monetary Control Act of 1980 ("DIDMCA") conferred equivalent rate exportation powers on state-chartered, FDIC-insured banks. These interest rate exportation powers (which also extend to certain fees), coupled with technological advances in recent years and the advent of “bank-model” and “banking as a service” (BaaS) programs, have created a robust, competitive smorgasbord of credit products for consumers. However, rate exportation, and the programs it enables, increasingly are subject to challenges from a variety of sources. In this two-part episode, which repurposes portions of a recent webinar, we describe the nature of these attacks, the defenses being deployed by the industry, and who is winning these contests so far, and address what the future may hold for rate exportation. In Part I, we first review a brief history of rate exportation, and explore the three primary theories used to attack rate exportation. We then focus on current and pending state laws and bills seeking to “opt out” of DIDMCA's rate exportation authority. Next, we turn to the current court battle being waged in Colorado, where three trade groups recently won a preliminary injunction against enforcement of Colorado's recently adopted opt-out legislation, and discuss the decision and its ramifications, including potential impacts on existing and pending opt-out legislation in other states, implications for nonmembers of the three trade group plaintiffs, and the prospects for enforcement in Colorado and other opt-out states by the FDIC based on the position (contrary to the preliminary injunction) advocated in its amicus brief. Alan Kaplinsky, Senior Counsel in Ballard Spahr's Consumer Financial Services Group, moderates episode, joined by Ronald Vaske, a Partner in the Group, and Mindy Harris, Of Counsel in the Group.

The Recent Changes to the EU Regulatory Framework and their Impact on Shipping The discussion is focused on the adoption of EU Emissions Trading System (EU ETS), and the road ahead to implement Fuel EU Maritime in 2025 Featuring: Moderator: Ms. Rachel Hoyland, Of Counsel– Stephenson Harwood LLP Panelists: · Mr. John Lycouris, Head of Energy Transition, Director - Dorian LPG Ltd. (LPG) · Mr. Constantin S. Baack, CEO – MPC Container Ships ASA (OSLO:MPCC) · Mr. Stavros Gyftakis, CFO – Seanergy Maritime Holdings Corp.; CFO & Director – United Maritime Corporation (USEA) · Mr. George Saroglou, President & COO – Tsakos Energy Navigation Ltd (TNP) 4th Annual Capital Link Decarbonization in Shipping Forum Moving from Discussion to Delivery Monday, July 1, 2024 | Digital Event #DecarbonizationinShipping #FuelEU #EUETS #ETS #FuelEUMaritime #Mobility #Transport #Maritime #EUShipping For more information, please visit the following link: https://forums.capitallink.com/shipping/2024decarbonization/

Brett Tolman, former US Attorney, joins Liberty & Justice with Matt Whitaker, Season 3, Episode 14.  Presented by American Cornerstone Institute.  Learn more about ACI at https://americancornerstone.org/  Watch every episode of Liberty & Justice at www.whitaker.tv.Brett Tolman is the Founder of The Tolman Group, a Public Policy Law Firm dedicated to holding federal, state, and local governments transparent and accountable.  He is the former United States Attorney for the District of Utah, and his practice involves policy work and government relations at the national and state levels.  His traditional law practice includes assisting large and small companies and individuals in complying with state and federal criminal, civil, and regulatory laws. These matters include investigations alleging simple and complex financial fraud, corporate regulatory violations, and other administrative and compliance issues. Mr. Tolman also serves as outside general counsel to numerous clients by providing guidance on legal issues confronting businesses and non-profit organizations ranging from contracts and agreements to the structuring of corporate transactions and business formations.   Mr. Tolman is a nationally recognized legal expert and frequent contributor to FoxNews, FoxBusiness, Newsmax, Bill O'Reilly and other national media outlets.  Additionally, Mr. Tolman is highly sought-after public speaker and guest of national podcasts. Prior to serving as US Attorney, Mr. Tolman was a federal prosecutor for over a decade.  He prosecuted hundreds of federal cases ranging from international fraud to National Security violations, to complex RICO and CCE cases.  In addition, Mr. Tolman served as Legal Counsel to the United States Senate Judiciary Committee in Washington, DC. Mr. Tolman has extensive experience navigating complex issues from drafting to enactment into law through Congress. Mr. Tolman is uniquely qualified, having worked at the highest levels in both the Executive and Legislative branches of government to assist clients with government relations, regulatory compliance, and lobbying issues at both the state and federal levels.  Matthew G. Whitaker was acting Attorney General of the United States (2018-2019).  Prior to becoming acting Attorney General, Mr. Whitaker served as Chief of Staff to the Attorney General. He was appointed as the U.S. Attorney for the Southern District of Iowa by President George W. Bush, serving from 2004-2009. Whitaker was the managing partner of Des Moines-based law firm, Whitaker Hagenow & Gustoff LLP from 2009 until rejoining DOJ in 2017. He was also the Executive Director for FACT, The Foundation for Accountability & Civic Trust, an ethics and accountability watchdog, between 2014 and 2017.   Mr. Whitaker is the Author of the book--Above the Law, The Inside Story of How the Justice Department Tried to Subvert President Trump.  Buy Matt's book here: https://amzn.to/3IXUOb8 Mr. Whitaker graduated with a Master of Business Administration, Juris Doctor, and Bachelor of Arts from the University of Iowa.  While at Iowa, Mr. Whitaker was a three-year letterman on the football team where he received the prestigious Big Ten Medal of Honor. Mr. Whitaker is now a Senior Fellow with the American Cornerstone Institute, Co-Chair of the Center for Law and Justice at America First Policy Institute and a Senior Fellow at the American Conservative Union Foundation. Matt is on the Board of Directors for America First Legal Foundation. He is also Of Counsel with the Graves Garrett law firm.  Whitaker appears regularly to discuss legal and political issues on Fox News, Newsmax and other news outlets.      

On May 16, 2024, the U.S. Supreme Court ruled that the CFPB's funding mechanism does not violate the Appropriations Clause of the U.S. Constitution. This two-part episode repurposes a recent webinar. In Part II, we first discuss the CFPB's launch of Fair Credit Reporting Act rulemaking, proposed rule to supervise larger payment providers, proposed rule on personal financial data rights, and interpretive rule on buy-now-pay-later.  We next discuss the operation of the Congressional Review Act and its potential impact on final CFPB rules if the November 2024 election results in a change in Administrations. We then discuss the impact of the SCOTUS decision on pending CFPB enforcement actions, the expected proliferation of new CFPB investigations and enforcement actions, and the CFPB's announced hiring binge. We conclude by sharing our thoughts on what companies can do to prepare for an uptick in CFPB activity and how the CFPB's increased staffing is likely to impact which companies will be targeted. Alan Kaplinsky, Senior Counsel in Ballard Spahr's Consumer Financial Services Group, moderates the discussion joined by John Culhane and Joseph Schuster, Partners in the Group, and Kristen Larson, Of Counsel in the Group.

On May 16, 2024, the U.S. Supreme Court ruled that the CFPB's funding mechanism does not violate the Appropriations Clause of the U.S. Constitution. This two-part episode repurposes a recent webinar. In Part I, we first discuss the SCOTUS decision, the status of the CFPB's payday lending rule that was at issue in the underlying case, and a potential new challenge to the CFPB's funding that has been the focus of recent attention. We then discuss four cases still pending before SCOTUS in which the decisions could impact the CFPB. Next, we discuss the pending lawsuits challenging the CFPB's final rules on credit card late fees and small business data collection and the changes to the CFPB's UDAAP exam manual defining “unfairness” to include discrimination, including the background of those cases, their current status, and the non-constitutional legal challenges made by the plaintiffs in those cases. We conclude with a discussion of final and proposed CFPB rules expected to be issued soon and potential non-constitutional legal challenges to those rules. Alan Kaplinsky, Senior Counsel in Ballard Spahr's Consumer Financial Services Group, moderates the discussion joined by John Culhane, Richard Andreano, and Joseph Schuster, Partners in the Group, and Kristen Larson, Of Counsel in the Group.

In this episode of Law, disrupted, John is joined by Lucas Bento, Of Counsel in Quinn Emanuel's New York office. Bento is the author of The Globalization of Discovery: The Law and Practice under 28 U.S.C § 1782 (Section 1782), the first and only book to discuss the law pertaining to that Section. John and Lucas discuss how, under Section 1782,  parties to proceedings outside of the US can invoke discovery procedures inside the US in aid of those foreign proceedings. John notes how many foreign lawyers he talks to complain about the relatively burdensome US discovery system. Yet they also envy it, especially if you're a plaintiff.  US law has a procedure to achieve US-style discovery of evidence or witnesses located in the US – Section 1782 of Title 28 of the United States Code.The conversation begins by outlining what exactly Section 1782 is. Lucas notes it's a federal statute that allows a party to a foreign proceeding to gain access to US discovery procedures and evidence (including documents and depositions) for use in the foreign proceeding. Historically, one would need to use letters rogatory or go through the Hague Convention on the Taking of Evidence.  But Section 1782 provides many advantages over those tools.  For example, under the Hague Convention, US-style depositions are not available; however, under Section 1782, if there is a witness subject to the jurisdiction of the US courts, they could be served with a subpoena and get a complete US-style deposition. Lucas highlights how powerful a tool §1782 can be, working as a global evidentiary X-ray machine.John asks how one invokes §1782, with Lucas highlighting the application process and the necessary requirements that must be met in order for the application to be processed successfully. If the court authorizes the application, the discovery target can be subpoenaed immediately, making it a very contentious issue. They dive deep into the logistics and Intel discretionary factors of Section 1782 and how these can impact the success of an application. John notes how US discovery is not loved around the world – with foreign jurisdictions hostile to the US's broad processes. In discussing the types of foreign proceedings that qualify under Section 1782, Lucas states that you can obtain US-style discovery as long as the foreign proceeding is pending or within reasonable contemplation – something you can't typically do in the US. However, there are some limitations and boundaries in place, such as the fact that people can't use §1782 to fish around and see if someone has a claim in the first place, or use it for private arbitrations. The conversation moves on to discuss what the future of the law surrounding Section 1782 will look like in the future. Lucas believes its trajectory is on the assent, with more applications being made, which only gives the courts more issues to unpack and define. He argues that Section 1782 is now becoming a routine consideration across the entire legal industry, noting that the statute can be a bastion of truth in a world struggling with fake news and widespread disinformation. The use of legal tools, such as Section 1782, to discover facts can be a means to achieve fairer and more just decisions around the world.Finally, John and Lucas discuss how foreign litigants must act fast and hire qualified US counsel to assist in the use of Section 1782. Lucas notes how relevance is important, although it is still a very broad term in general, and explains why the timing of the application is crucial.Podcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi

Stephen Miller, President of America First Legal, joins Liberty & Justice with Matt Whitaker, Season 3, Episode 12.  Presented by American Cornerstone Institute.  Learn more about ACI at https://americancornerstone.org/  Watch every episode of Liberty & Justice at www.whitaker.tv. Stephen Miller is the President of America First Legal.  Learn more about AFL at aflegal.org Stephen Miller served in the West Wing as Senior Advisor to the President for the entirety of the Trump Administration. Prior to that he was a senior aide to lawmakers and committees in the United States Congress. Matthew G. Whitaker was acting Attorney General of the United States (2018-2019).  Prior to becoming acting Attorney General, Mr. Whitaker served as Chief of Staff to the Attorney General. He was appointed as the U.S. Attorney for the Southern District of Iowa by President George W. Bush, serving from 2004-2009. Whitaker was the managing partner of Des Moines-based law firm, Whitaker Hagenow & Gustoff LLP from 2009 until rejoining DOJ in 2017. He was also the Executive Director for FACT, The Foundation for Accountability & Civic Trust, an ethics and accountability watchdog, between 2014 and 2017.   Mr. Whitaker is the Author of the book--Above the Law, The Inside Story of How the Justice Department Tried to Subvert President Trump.  Buy Matt's book here: https://amzn.to/3IXUOb8 Mr. Whitaker graduated with a Master of Business Administration, Juris Doctor, and Bachelor of Arts from the University of Iowa.  While at Iowa, Mr. Whitaker was a three-year letterman on the football team where he received the prestigious Big Ten Medal of Honor. Mr. Whitaker is now a Senior Fellow with the American Cornerstone Institute, Co-Chair of the Center for Law and Justice at America First Policy Institute and a Senior Fellow at the American Conservative Union Foundation. Matt is on the Board of Directors for America First Legal Foundation. He is also Of Counsel with the Graves Garrett law firm.  Whitaker appears regularly to discuss legal and political issues on Fox News, Newsmax and other news outlets. 

Vice President of the Commonwealth Foundation Steve Bloom joins Dawn LIVE! COMMONWEALTH GROW PA BREAKDOWN...  Harrisburg, Pa., April 11, 2024 — Yesterday, Pennsylvania Sens. Scott Martin, Ryan Aument, David Argall, and Tracy Pennycuick and Reps. Jesse Topper and Rob Mercuri introduced “Grow PA,” a higher education reform plan designed to support post-secondary opportunities and career pathways in Pennsylvania. Starkly contrasting Gov. Josh Shapiro's “blueprint,” which still lacks detail and uses vague rhetoric on the issue, the lawmakers' proposal presents a positive step in reforming how taxpayers fund higher education. The plan centers around student-based financial aid, institutional accountability, and workforce development for Pennsylvania's in-demand industries. Commonwealth Foundation Senior Vice President Nathan Benefield issued the following statement in response: “The Commonwealth Foundation applauds these legislators for reframing how we fund higher education. In contrast to Governor Shapiro's empty platitudes, the Grow PA proposal offers concrete, student-focused reforms. “Grow PA funds students in all forms of higher education—from career and technical programs to community colleges to four-year universities—instead of offering a blank check to institutions. Rather than throwing money at buildings, bureaucrats, and blatant censorship, it focuses resources on the post-secondary studies that our commonwealth needs. “Grow PA's scholarship grants would make college degrees more affordable in high-demand fields, such as health care and agriculture. The proposal ties these funds to results and aligns programs with employer demands, helping students avoid debt and a degree that will never lead to a career. “Grow PA represents an important step forward. But we mustn't stop here. Lawmakers must move all state aid to student grants and improve K–12 educational outcomes—through educational choice programs like the Lifeline Scholarship Program—to ensure high school graduates are college-ready.” Stephen (Steve) Bloom is the Vice President at the Commonwealth Foundation.Steve grew up in New York, Michigan, and Pennsylvania. He earned his Bachelor of Science from Penn State University in Agricultural Economics and Rural Sociology, and his Juris Doctor from the Dickinson School of Law. He became shareholder in a law firm, later founded his own solo practice, and is now Of Counsel with Irwin & McKnight, P.C., in Carlisle, Pa., where he resides. He was an instructor and lecturer at Messiah College, teaching courses in economics, business law and personal finance, and has served as a faculty member for Pennsylvania Bar Institute continuing legal education programs. In 2010, Steve was elected to the Pennsylvania House of Representatives, where he served four two-year terms. In 2018, he entered a competitive race for the U.S. Congress, finishing a strong third among eight candidates in the Republican primary. Tune in 10 AM - 12 PM EST weekdays on Talk Radio 1210 WPHT; or on the Audacy app!

Duke Tanner, undefeated professional boxer, and Trump Clemency recipient, joins Liberty & Justice with Matt Whitaker, Season 3, Episode 11.  Presented by American Cornerstone Institute.  Learn more about ACI at https://americancornerstone.org/  Watch every episode of Liberty & Justice at www.whitaker.tv. Charles “Duke” Tanner was born in Gary, Indiana, and began his boxing career at six years old. Duke was trained by the legendary William Murphy and worked with Angelo Dundee, who famously trained boxing icon Muhammad Ali. Duke won a bronze medal at the 1996 Junior Olympic World games.  As a young boxer with a promising career with a 19-0 record, things drastically turned when he became involved in a non-violent drug conspiracy. At 24 and a first-time offender, he was arrested, tried, and received a double-life prison sentence in 2004. His sentence was later reduced to 30 years, and he only served 16 of those years. On October 21, 2021, President Donald Trump gave Duke a second chance and granted him clemency. After coming home, Duke founded the urban clothing line Freedom 20-0, which will critical issues such as missing people, human trafficking, homelessness, and elderly health care. He also hosted food drives that feed over hundreds of families in Gary, Indiana alongside more than 75 Black leaders across the community.  Duke is now serving his community as a Community Developer with the well-known company, Engineered Tax Services, and an ambassador for Athletes for America. With his newfound freedom, Duke is using his platform to empower young children, raise awareness on fatherhood, criminal justice reform, and promote unity throughout the country. He has spoken to thousands of Americans in churches across the country to share his story of redemption and spread the word of God. He has also reached tens of thousands online via TV interviews and podcasts and has a book coming out summer of 2024.  Matthew G. Whitaker was acting Attorney General of the United States (2018-2019).  Prior to becoming acting Attorney General, Mr. Whitaker served as Chief of Staff to the Attorney General. He was appointed as the U.S. Attorney for the Southern District of Iowa by President George W. Bush, serving from 2004-2009. Whitaker was the managing partner of Des Moines-based law firm, Whitaker Hagenow & Gustoff LLP from 2009 until rejoining DOJ in 2017. He was also the Executive Director for FACT, The Foundation for Accountability & Civic Trust, an ethics and accountability watchdog, between 2014 and 2017.   Mr. Whitaker is the Author of the book--Above the Law, The Inside Story of How the Justice Department Tried to Subvert President Trump.  Buy Matt's book here: https://amzn.to/3IXUOb8 Mr. Whitaker graduated with a Master of Business Administration, Juris Doctor, and Bachelor of Arts from the University of Iowa.  While at Iowa, Mr. Whitaker was a three-year letterman on the football team where he received the prestigious Big Ten Medal of Honor. Mr. Whitaker is now a Senior Fellow with the American Cornerstone Institute, Co-Chair of the Center for Law and Justice at America First Policy Institute and a Senior Fellow at the American Conservative Union Foundation. Matt is on the Board of Directors for America First Legal Foundation. He is also Of Counsel with the Graves Garrett law firm.  Whitaker appears regularly to discuss legal and political issues on Fox News, Newsmax and other news outlets. 

Our special guest is Andrew Nigrinis of Legal Economics LLC and former CFPB enforcement economist. The CFPB's final credit card late fee rule lowers the safe harbor late fee amount that card issuers other than “smaller card issuers” can charge to $8. We first discuss how the final rule differs from the proposed rule and the existing rule, who are “smaller issuers” not subject to the lower safe harbor amount, and the changes made by the final rule for larger issuers. We then look at issuers' ability to determine late fees based on their costs, permissible fees other than late fees, the CFPB's economic analysis underlying the final rule, and the final rule's likely impact on issuers and cardholders. We conclude with a discussion of the Texas lawsuit challenging the final rule and the key arguments for invalidating the rule. Alan Kaplinsky, Senior Counsel in Ballard Spahr's Consumer Financial Services Group, leads the discussion, joined by John Culhane and Ronald Vaske, Partners in the Group, and Kristen Larson, Of Counsel in the Group.

www.GoodMorningGwinnett.com Tuwanda Rush Williams joined the law firm of Thompson, O'Brien, Kappler & Nasuti as Of Counsel on June 5, 2023.  She is formerly a Deputy County Attorney in the Gwinnett County Department of Law, where she supervised and managed the work of Senior Assistant County Attorneys who handle both transactional and litigation matters for Gwinnett County Government elected officials, departments, offices, and the judicial system.  She has been a member of the Georgia Bar since October 1992.  Her 31 years of legal experience is expansive, as she has formidable knowledge of over twenty-five areas of the law.  For most of her legal career, she has been a local government lawyer, and her practice has been concentrated in section 1983 civil rights and constitutional law and litigation, state law claims of assault, battery, unlawful arrest, false imprisonment, and malicious prosecution, tort claims, tax appeals, eminent domain, public procurement and contract disputes, personal injury, property damage, and elections litigation.  She was also a seven-year member of the Gwinnett County Indigent Defense Governing Committee, responsible for recruiting, managing, and reviewing and paying the invoices of lawyers who represent indigent criminal defendants.Become a supporter of this podcast: https://www.spreaker.com/podcast/good-morning-gwinnett-podcast--3262933/support.

Our special guest is David Pommerehn, SVP, General Counsel, Head of Regulatory Affairs at the Consumer Bankers Association. In January 2024, the CFPB proposed two new rules: one restricting overdraft fees and the other prohibiting NSF fees on certain declined transactions. The proposals are among the CFPB's latest moves in furtherance of the Biden Administration's “junk fees” agenda. In this episode, which repurposes a recent webinar, we discuss the key provisions of each proposal and entities covered, the CFPB's justification for each proposal, the legal authority relied on by the CFPB for each proposal, business practices impacted by the proposals, and potential legal challenges. Alan Kaplinsky, Senior Counsel in Ballard Spahr's Consumer Financial Services Group, moderates the discussion, joined by John Culhane, a Partner in the Group, and Kristen Larson, Of Counsel in the Group.

In this episode of S&C's Critical Insights, Sharon Cohen Levin, Craig Jones and Eric Kadel, Co-Heads of S&C's National Security Practice, Adam Szubin, Of Counsel in S&C's National Security Practice, and Andrew DeFilippis, Special Counsel in S&C's National Security Practice, continue their discussion of significant developments in national security enforcement.

In this episode of S&C's Critical Insights, Sharon Cohen Levin, Tony Lewis and Eric Kadel, Co-Heads of S&C's National Security Practice, Adam Szubin, Of Counsel in S&C's National Security Practice, and Andrew DeFilippis, Special Counsel in S&C's National Security Practice, continue their discussion of significant developments in national security enforcement.

Our special guest is Richard (“Rick”) Hackett, former Assistant CFPB Director responsible for auto finance regulation and presently a member of the Board of F&I Sentinel, which supports lender compliance in the auto finance and insurance industry. In December 2023, the FTC announced its final Combatting Auto Retail Scams Rule, otherwise known as the “CARS Rule,” which sets new requirements on the sale, financing, and leasing of new and used vehicles by motor vehicle dealers. This two-part podcast episode repurposes a recent webinar. In Part II, we begin with a discussion of how the Rule impacts the sale of add-on products. We then discuss the Rule's impact beyond motor vehicle dealers covered by the Rule and the Rule's intersection with other laws and regulations, including state law and the FTC's Used Car Rule and Proposed Rule on Unfair or Deceptive Fees. We conclude with a discussion of best practices for auto sales finance companies to help navigate the Rule's new requirements. Alan Kaplinsky, Senior Counsel in Ballard Spahr's Consumer Financial Services Group, moderates the discussion, joined by John Culhane and Michael Guerrero, Partners in the Group, and Brian Turetsky, Of Counsel in the Group.

Our special guest is Richard (“Rick”) Hackett, former Assistant CFPB Director responsible for auto finance regulation and presently a member of the Board of F&I Sentinel, which supports lender compliance in the auto finance and insurance industry. In December 2023, the FTC announced its Combatting Auto Retail Scams Rule, otherwise known as the “CARS Rule,” which sets new requirements on the sale, financing, and leasing of new and used vehicles by motor vehicle dealers. This two-part podcast episode repurposes a recent webinar. In Part I, we begin with a discussion of the legal challenge filed by the National Automobile Dealers Association seeking judicial review of the CARS Rule, the FTC's postponement of the Rule's effective date, and potential legislative challenges to the Rule. We then discuss the Rule's scope and key definitions, the misrepresentations that are expressly prohibited under the Rule, and the Rule's new disclosure requirements on dealer advertising and sales communications. Alan Kaplinsky, Senior Counsel in Ballard Spahr's Consumer Financial Services Group, moderates the discussion, joined by John Culhane and Michael Guerrero, Partners in the Group, and Brian Turetsky, Of Counsel in the Group.

IT'S HERE: Pre-Order Joel's Book: Https://amzn.to/48GwbLx 

In this episode we take a look at the key considerations for expanding your UK business to the US. What expansion options are available to you, which kind of businesses tend to succeed, and what are some of the common challenges UK businesses face?   Joining Declan for the conversation are Blick Rothenberg's US UK Private Client Director Michael Holland and our guest Brad Doline, Of Counsel at law firm Wilson Sonsini.See omnystudio.com/listener for privacy information.