The second of a two-part "handbook" — the first has been simultaneously posted on author's SSRN page — this pithy article details the potential defenses available to financial institutions and the issues that all parties should be prepared to address when proposing or rebuffing a claim...

On Nov. 10, 1978, President Jimmy Carter signed a lightly amended version of House Resolution 14279 into law. Days later, Rhode Island's Fernand St. Germain made clear its primary purpose: the modernization of the existing bank regulatory system. Tucked within this bill lay the Electronic Funds...

Over the course of its multi-decade existence, the Real Estate Settlement Procedures Act ("RESPA") has been amended to cover many diverse yet related “real estate” subjects. In its present iteration, two provisions — sections 2605(g) and 2609 — deal with mortgage escrow accounts, with...

The rapid rise of cryptocurrencies over the last twenty years has interjected havoc into the staid field of commercial law, one long regulated by the Uniform Commercial Code (“U.C.C.” or “UCC”). Naturally, many individuals and organizations started to count their stash of...

As businesses and other entities have sought to collect more personal data on individuals, the public has pushed back, and lawmakers throughout the United States and elsewhere have responded by passing data protection laws. Recent data protection laws passed by the European Union and by several...

In this article the author outlines some difficulties facing the cyber-shopper. These include the practical difficulties of enforcement and redress which arise when a cyber-shopper purchases a defective product from an overseas supplier, or when misleading information is placed on the internet...

Twice in thirty years, the “mad scramble to the U.S. Courts for immediate attachments …” seemingly characteristic of cross-border cases prompted a legislative fix to this nation’s federal restructuring system, with territorialism giving way to progressively more pronounced...

Although federally- and state- chartered corporations function similarly, federal law privileges the former in at least one significant respect: their access to this nation’s federal courts. Pursuant to the language now codified in Section 1332 of the twenty-eighth title of the United States...

Our laws have sought to promote “and enforce a sense of morality in the business community. Well-settled laws regulating fraud, undue influence, fiduciary relationships, confidential information, truth-in-advertising, fair reporting practices, etc., have their origins in moral codes and...