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Author Archives: Jillian K. Farrar

Civil Litigation: Actions businesses can take to reduce future COVID-19 force majeure litigation

Last week, Gov. Andrew Cuomo instituted New York State on P.A.U.S.E. (Policies Assure Uniform Safety for Everyone), ordering 100% of the non-essential workforce to stay at home. While necessary to fight the novel coronavirus, known as COVID-19, the governor’s recent ...

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Civil Litigation: New proposed rules for the Fair Debt Collection Practices Act could mean big changes for debt collectors and consumers

Last week the Consumer Financial Protection Bureau (CFPB) issued a Notice of Proposed Rulemaking to implement the Fair Debt Collection Practices Act (FDCPA). These proposed changes could have a dramatic effect on attorneys representing consumers and debt collectors. The FDCPA ...

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Civil Litigation: Clearly defining the scope of representation—reducing malpractice risk through the engagement letter

A recent decision by the Southern District of New York reminds practitioners of the importance of a well-crafted and detailed engagement letter. On Sept. 12, Judge William H. Pauley III denied Seward & Kissel, LLP’s Motion to Dismiss the $10 ...

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Civil Litigation: The FDCPA — what you don’t know can hurt you

For attorneys attempting to collect non-commercial debts for their clients, familiarity with the Fair Debt Collection Practices Act (FDCPA) is essential. The unwary attorney serving as a “debt collector” may expose him/herself to liability for failing to strictly comply with ...

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