Commercial/Consumer Law (CLE)

The consumer finance industry has been shifting because of the challenges brought by the COVID-19 pandemic. The crisis instigated a profound economic impact on consumer finance companies and spurred financial disputes and litigation.

Through the years, the Uniform Commercial Code (UCC) Article 9 has been a significant help for borrowers and creditors through its governing guidelines on secured transactions. These guidelines regulate the security interests of creditors, who are given the chance to repossess a borrower’s secured property as a collateral to the outstanding debt. However, securing collateral has become a challenge in this evolving regulatory paradigm.

Since the onset of the COVID-19 pandemic, the number of consumer class action lawsuits drastically upsurged in various industries. The regulatory paradigm has also significantly evolved with recent court decisions shedding light on future class action lawsuits. As the landscape remains uncertain, businesses and their counsel should keep themselves in the know of any emerging development in this field of law. They must also plan for effective litigation strategies to avoid mishaps.

The continuous rise of COVID-19 cases has made the product liability landscape trickier now more than ever. Current and emerging risk issues that manufacturers should monitor include novel medical product claims, indemnity disputes, and non-specialist manufacturer liabilities.

In this LIVE Webcast, a panel of thought leaders and professionals brought together by The Knowledge Group will provide and present an in-depth analysis of the fundamentals as well as recent developments in Structuring Effective Real Estate Finance Transactions: Key Considerations and Strategies.

Commercial litigation is among the many areas of law affected by the impact of the COVID-19 pandemic, which resulted in several case delays and significant business litigation proceeding restrictions. Furthermore, the currently implemented remote hearings also add a great deal of uncertainty and this will likely continue for a period of time as in-person arrangements are not possible yet. These issues bring further complexities and challenges in the determination of proceedings and trials, thus creating a crucial need to be conversant with the nuances of the situation and other updates.

Lenders have always been faced with significant dilemmas when it comes to borrowers that fail to make payments. The severe impact of the COVID-19 pandemic on the economy further intensified this existing difficulty as waves of loan defaults hit creditors. Although it would be reasonable for lenders to proactively mitigate potential risks of loss, any efforts to engage with their borrowers should be done with prudence so as not to expose themselves to lender liability claims.

The emergence of new technologies continues to restructure the current product manufacturing and design practices, bringing unique developments in the product liability litigation landscape.

The California Privacy Rights Act (CPRA) which refines and expands existing privacy regulations under the California Consumer Privacy Act (CCPA) is now coming on-stream. With the developments and regulatory updates the CPRA is currently posing, organizations are now moving to strengthen their data protection practices and starting to adapt to the anticipated changes.

Short-term disability (STD) and long-term disability (LTD) insurance plans are a crucial part of employee benefits. With the onset of the COVID-19 pandemic, the number of these disability claims has relatively spiked along with pandemic- and mental health-related disabilities. However, employers and plan sponsors grappled with assessing the eligibility of such claims. It has also heightened the risk for potential litigation.

The California Consumer Privacy Act (CCPA) significantly reshaped privacy laws, creating a profound impact on California-based companies and consumers. Since its enactment, businesses have been faced with increased challenges and compliance hurdles and its effect will be further felt as revisions to the existing regulations are still possible.

In December 2019, the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act) was signed into law. Aimed at curtailing unlawful robocalls, the new law gives the Federal Communications Commission (FCC) a greater mandate to pursue scammers through increased monetary forfeitures and extended statute of limitations for intentional violations under the Telephone Consumer Protection Act (TCPA).

Expert witnesses play a significant role in proving damages in commercial litigation cases. With strategies continuously emerging in an ever-dynamic legal landscape, plaintiffs involved in such cases are ensured with higher chances of winning. However, because of its frequent use, experts must always put forward credible damages studies that can withstand blows and questions from the opposition. This calls for plaintiffs and litigators to have a deep understanding of the strategies to maximize the effectiveness of these testimonies.