Author Info for McGlinchey Stafford

Charles Adams

When Is Form 1099-C Required of Lenders? [More with McGlinchey, Ep. 16]

When debt is forgiven, as much of the funding lent through the CARES Act’s PPP may be, a lender may be required to file IRS Form 1099-C with the IRS and to furnish a copy to the borrower. As a lender, do I need to file the… more

Borrowers, Cancellation of Debt (COD), CARES Act, Income Taxes, Internal Revenue Code (IRC)

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Rudy Aguilar

Corporate Transparency Act Reporting Begins: Are You Ready?

Effective January 1, 2024, companies must disclose their beneficial owners to the Financial Crimes Enforcement Network (FinCEN) within the United States Department of Treasury. The reporting requirement is part of the U.S… more

Anti-Money Laundering, Beneficial Owner, CEOs, CFOs, Corporate Transparency Act

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Andrew Albritton

Texas District Court Blocks FTC Non-Compete Rule

The rule was previously set to go into effect on September 4, 2024. It would have broadly banned the enforcement on non-compete clauses in employment agreements for nearly all employees nationwide and required employers to… more

Executive Orders, Federal Trade Commission (FTC), Final Judgment, Injunctions, Joe Biden

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Aleksandr Altshuler

Litigation Byte (July 2025 Edition)

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. Second Department Holds Judicial Estoppel Bars… more

Arbitration, Bankruptcy Court, Bankruptcy Plans, Biometric Information Privacy Act, Class Action

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Joseph Apatov

Podcast: Deep Dive into Bank Partnerships: Lending, Litigation, Legislative Trends, and True Lender [More with McGlinchey, Ep. 66]

The next installment in McGlinchey’s Deep Dive into Bank Partnerships Series features a podcast on lending, presented by attorneys Joe Apatov, Aaron Kouhoupt, and Robert Savoie. Their discussion centers on the evolving landscape… more

Consumer Financial Products, Depository Institutions, DIDMCA, Financial Institutions, Financial Regulatory Reform

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Rachael Aspery

FinCEN Order Allows Banks to Collect Taxpayer Information from Third Parties

In a significant move, on June 27, 2025 the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued an order granting banks and their subsidiaries an exemption from the Customer Identification… more

Banks, Customer Identification Program (CIP), Data Collection, Financial Crimes, Financial Institutions

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Jeffrey Barringer

CFPB Supervisory Highlights Reflect Continued Emphasis on “Junk Fees”

On April 24, 2024, the Consumer Financial Protection Bureau (CFPB) released the latest edition of its Supervisory Highlights, this time targeting so-called “junk fees” in the mortgage servicing industry. According to the CFPB,… more

Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Excessive Fees, Financial Services Industry, Late Fees

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Steve Beiser

NLRB Rules Non-Disparagement, Confidentiality Provisions Violate Labor Act

In a ruling that could have far-reaching implications, the National Labor Relations Board (NLRB) has determined that non-disparagement and confidentiality provisions in releases related to severance agreements or settlements… more

Confidentiality Agreements, NLRA, NLRB, Non-Disparagement Provisions, Separation Agreement

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Jason Bichsel

FTC’s CARS Rule Vacated — What Finance Companies Need to Know

In a procedural decision, the U.S. Court of Appeals for the Fifth Circuit vacated the CARS Rule (officially, the Combatting Auto Retail Scams Trade Regulation Rule, sometimes known as the Vehicle Shopping Rule) which was… more

CARS Rule, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Disclosure Requirements

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Magdalen Blessey Bickford

Podcast: From the Capitol to the Crescent: Growth and Culture in McGlinchey’s Louisiana Offices [More with McGlinchey, Ep. 67]

Coming out of COVID, law firms are redefining themselves and adapting new models of operations. At McGlinchey, we fine-tuned our operations under an initiative called #McGlincheyForward. And part of that effort is focused on the… more

Business of Law, Corporate Law Departments, Firm Leadership, In-House Perspective, Law Firm Ownership

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Mikelle Bliss

NY Court Of Appeals Issues A Landmark Decision On The Statute Of Limitations In Mortgage Foreclosure Actions

On February 18, 2021, the New York Court of Appeals issued a landmark decision in four cases related to the application of the statute of limitations to foreclose a mortgage in New York. Most notable is the long-anticipated… more

Appellate Courts, Foreclosure, Loan Modifications, Mortgages, Motion to Dismiss

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Michael Blumenthal

Supreme Court’s Cert Denials Pave Way for Surge in Environmental Citizen Suits

In a significant victory for environmental advocacy groups, the Supreme Court’s refusal on June 30, 2025 to grant certiorari in two pivotal cases (Port of Tacoma, et al. v. Puget Soundkeeper Alliance and ExxonMobil Corp., et al… more

Air Pollution, Citizen Suits, Clean Air Act, Clean Water Act, Compliance

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Chris Bottcher

Podcast: #WhyMcGlinchey, Lateral to Leadership with Chris Bottcher [More with McGlinchey, Ep. 76]

The path to partnership looks different for every lawyer. During today’s installment of #WhyMcGlinchey, we talk with Chris Bottcher about why he has chosen to grow his career here at McGlinchey… more

Business Development, Career Development, Firm Leadership, Law Firm Partners, Law Practice Management

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Shanna Boughton

COVID Relief Updates: Mortgages, Debt Collection, And Student Lending

Since the beginning of the year and the change in Presidential administrations, a number of relief measures granted in response to the COVID-19 pandemic have been extended. Below are updates regarding relief measures in place… more

CARES Act, Centers for Disease Control and Prevention (CDC), Consolidated Appropriations Act (CAA), Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB)

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Rasch Brown, III

Redefining Personal Jurisdiction: SCOTUS rules on the Ford Cases [More with McGlinchey Ep. 19]

What does the U.S. Supreme Court’s March 25, 2021 decision regarding personal jurisdiction in the Ford cases mean for litigants and litigation across the country? In Part 4 of their series on the changing landscape of general… more

Automotive Industry, Causation, Ford Motor, Ford Motor Co. v Bandemer, Ford Motor Co. v Montana Eighth Judicial District Court

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Candy Burnette

TRO enjoins enforcement of portions of Massachusetts emergency debt collection regulation. Now what?

On April 17, 2020, Massachusetts Attorney General Maura Healey promulgated emergency regulation 940 CMR 35.00 to address “unfair and deceptive debt collection practices during the state of emergency caused by COVID-19.” The… more

Collection Agencies, Compliance, Coronavirus/COVID-19, Debt Collection, New Regulations

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Kevin Buryanek

Litigation Byte (May 2025 Edition)

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business… more

American Arbitration Association, Appeals, Arbitration, Class Action, Consumer Protection Laws

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Timothy Byrd Jr.

Podcast: Cannabis and Bankruptcy, Ep. 3: Considerations for Lenders [More with McGlinchey, Ep. 55]

In the final episode of our three-part series, "Exploring Issues in Cannabis and Bankruptcy," McGlinchey's Cannabis Group Co-Chair, Heidi Urness, along with colleagues Timothy Byrd and Rudy Cerone, will delve into the… more

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Amy Castell

FTC’s CARS Rule Vacated — What Finance Companies Need to Know

In a procedural decision, the U.S. Court of Appeals for the Fifth Circuit vacated the CARS Rule (officially, the Combatting Auto Retail Scams Trade Regulation Rule, sometimes known as the Vehicle Shopping Rule) which was… more

CARS Rule, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Disclosure Requirements

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Rudy Cerone

Priority of IRS Liens in Bankruptcy: Reminder That the King Gets Paid First

So starts the opinion of the United States Court of Appeals for the Ninth Circuit in United States v. MacKenzie: “As Benjamin Franklin said, ‘nothing is certain except death and taxes.’ But how certain are taxes in a Chapter 7… more

Allocation of Funds, Bankruptcy Court, Bankruptcy Trustees, Debtors, IRS

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Douglas Charnas

Employment Pulse (August 2025 Edition)

McGlinchey’s Employment Pulse showcases thought leadership from our team of experienced labor and employment attorneys, providing timely insights that help employers stay competitive, meet regulatory requirements, and tackle… more

Americans with Disabilities Act (ADA), Ames v Ohio Department of Youth Services, Department of Education, Department of Justice (DOJ), Department of Labor (DOL)

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Kathy Conklin

Nice Try, But HIPAA Privacy Doesn’t Stop Vaccine Inquiries by Employers and Businesses

HIPAA privacy rules do not prevent employers and businesses from asking employees and visitors about their COVID-19 vaccination status, the government recently reiterated. In guidance issued on September 30, 2021, the U.S… more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Employer Group Health Plans, Health Insurance Portability and Accountability Act (HIPAA), New Guidance

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Jon Cornfield