Author Archives: Brian Wolfman

“Living with ‘ADR’: Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations”

That's the name of this article by Thomas Stipanowich and J. Ryan Lamare. Here's the abstract (with my italics added on the reference to consumer and products-liability arbitration): As attorneys for the world’s most visible clients, corporate counsel played a key role in the transformation of American conflict resolution in the late Twentieth Century. In […]

Illegal foreclosures against service members

That's the topic of this Dealbook article, which explains that banks have foreclosed on members of the military in violation of the Servicemembers Civil Relief Act. Here's an excerpt: The nation’s biggest banks wrongfully foreclosed on more than 700 military members during the housing crisis and seized homes from roughly two dozen other borrowers who […]

DOJ Responds to the D.C. Circuit’s “Noel Canning” Recess-Appointment Decision

We've posted many times about the D.C. Circuit's Noel Canning decision, which held that three putative recess appointments made by President Obama to the National Labor Relations Board were not proper recess appointments. Therefore, the court ruled, the appointments were invalid because they did not go through the Constitution's normal appointments process — presidential nomination and […]

More on the “Big Spring” challenge to the Dodd-Frank law and the CFPB

by Brian Wolfman The Big Spring suit filed in federal district court in D.C. challenges various provisions of the Dodd-Frank Wall St. reform law, including the legality of the Consumer Financial Protection Bureau, on separation-of-powers grounds. That suit includes a challenge to Richard Cordray's appointment as CFPB director as an impermissible (non-)recess appointment. We last posted […]

Federal banking regulators enter final $9.3 billion settlement with mortgage servicers; borrowers to receive cash and loan reductions

by Brian Wolfman Last month, we posted about a likely settlement between federal regulators and 13 major mortgage servicers — including some of the world's biggerst banks — that would make direct cash distributions to homeowners who lost their homes or went underwater during the financial crisis, in whole or in part because of improper […]

More on movement between industry and congressional staffs

We posted recently on the revolving door between industry and congressional staffs. Now, we've been provided more detail with this joint review by Remapping Debate and the Center for Responsive Politics. The review looked at the chiefs of staff and legislative directors of the new members of the 113th Congress to detemine who previously worked […]

Fourth Circuit Refuses to Enforce Arbitration Clause for Lack of Mutuality, Allowing Class Action to Go Forward

The Fourth Circuit has held, in Noohi v. Toll Brothers, that an arbitration clause in a contract between home buyers and a real estate development company is unenforceable because the clause lacked mutuality of consideration under governing Maryland law. (The clause lacked mutuality because it forced the home buyers but not the development company to […]