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11th Cir. Holds Anti-Modification Provision in Bankruptcy Code Applies to Mixed-Use Real Properties

The U.S. Court of Appeals for the Eleventh Circuit recently held that the anti-modification provision in the federal Bankruptcy Code applies to loans secured by mixed-use real properties, such as the large parcel at issue here which functioned both for commercial use and as the debtor's principal residence.

Massachusetts AG Provides Guidance on Intersection of Artificial Intelligence and Existing State Laws

The Massachusetts Office of Attorney General (“AGO”) recently issued an Advisory on the development, supply, and use of artificial intelligence (“AI”).  The Advisory provides guidance in the context of the Massachusetts Consumer Protection Act,[1] Anti-Discrimination Law,[2] Data Security Law,[3] and associated regulations.

Nebraska Becomes 16th State to Enact Comprehensive Consumer Data Privacy Law

Nebraska Gov. Jim Pillen on April 17 signed into law LB 1074, the Nebraska Data Privacy Act, making Nebraska the 16th state to enact a comprehensive consumer data privacy law following California, Virginia, Colorado, Utah, Connecticut,  Iowa, Indiana, Tennessee, Montana, Texas, Oregon,  Delaware,  New Jersey, New Hampshire, and Kentucky.  The law will go into effect Jan. 1, 2025.

Kentucky Becomes 15th State to Enact a Comprehensive Consumer Data Privacy Law

Kentucky Gov. Andy Beshear on April 4 signed into law House Bill 15, the Kentucky Consumer Data Protection Act, making Kentucky the 15th state to enact a comprehensive consumer data privacy law following California, Virginia, Colorado, Utah, Connecticut,  Iowa, Indiana, Tennessee, Montana, Texas, Oregon,  Delaware,  New Jersey, and New Hampshire. 

3rd Cir. Rules Securitization Trusts May Be Subject to CFPB, Action Not Time-Barred

In a case involving the federal Consumer Financial Protection Bureau and a group of asset securitization trusts, the U.S. Court of Appeals for the Third Circuit recently held that the defendant trusts were "covered persons" under the federal Consumer Financial Protection Act (CFPA), and rejected the defendant trusts’ arguments that the CFPB failed to ratify its action before the statute of limitations had run.

New Hampshire Enacts Comprehensive Consumer Data Privacy Law

New Hampshire Gov. Chris Sununu on March 6 signed into law Senate Bill 255, making New Hampshire the 14th state to enact a comprehensive consumer data privacy law, following California, Virginia, Colorado, Utah, Connecticut,  Iowa, Indiana, Tennessee, Montana, Texas, Oregon,  Delaware, and New Jersey.  The law will go into effect Jan. 1, 2025.

Texas Supreme Court Holds Foreclosure Statute of Limitation Reset by Rescission Sent With Reacceleration Notice

The Supreme Court of Texas recently held that, when a lender or loan servicer rescinds its acceleration of a loan in compliance with Texas Civil Practice and Remedies Code Section 16.038, the rescission resets the statute of limitation even if it is combined with a notice of reacceleration.

Economy, Pandemic Drove Up Bankruptcy Filings in 2023 With No Abatement Expected This Year

A look back at bankruptcy trends and litigation in 2023 reveals a spike in bankruptcy filings driven by economic factors and fallout from the pandemic while in upper courts several interesting cases were decided involving proofs of claim, stay violations, and discharge issues.