11/19/18
By: Bill Buechner The Eleventh Circuit very recently affirmed a district court’s ruling that a debt collector did not violate the Fair Debt Collection Practices Act even though the collection misstated the name of the creditor to whom the consumer owed the debt. In Lait v. Medical Data Sys., 2018 U.S. App. LEXIS 31814 (11th…
DOL Fiduciary Rule Suffers a Slow Death
5/15/18
By: Ted Peters In 2016, the U.S. Department of Labor (“DOL”) promulgated a set of rules and regulations now infamously referred to as the “Fiduciary Rule.” After multiple criticism and legal challenges, the Fifth Circuit Court of Appeal struck down the Fiduciary Rule effective May 7, 2018. Surprising many, the DOL elected not to challenge…
11/5/12
By: Mike Flint and Laura Broome In 2005, the tort reform passed by the Georgia legislature included a statute that changed the standard for suing emergency room health care professionals in medical malpractice actions. The statute in essence states that no health care provider who provided emergency medical care in a hospital emergency department, or…
FINRA Clarifies “Know Your Customer” and “Suitability” Rules
9/17/12
By: Joyce Mocek
FINRA Rule 2090, effective July 9, 2012, has streamlined and replaced the former NASD Rule 405, the “Know Your Customer” standard. The new rule contains a “reasonable diligence” standard, compared to the old rule requirement of “use due diligence.” Rule 2090 provides that “Every member shall use reasonable diligence, in regard to