Banking Sector, Banks, Contract Terms

Where there's no waiver, there's no way

A&O Shearman on 2/17/2025

The English High Court has provided further guidance on the interpretation of “no waiver” clauses in a recent decision. The backdrop to this decision was a sanctions related dispute about the termination of a currency swap...more

Court Finds Confidentiality Provision In Arbitration Agreement Unconscionable, Compels Consumer Arbitration

Carlton Fields on 12/4/2017

The Eleventh Circuit has determined that a confidentiality provision in an arbitration clause was substantively unconscionable. The case involved a putative class action by David Johnson alleging that KeyBank National...more

Substantive inconsistency between express and implied terms

A&O Shearman on 3/10/2017

The Court of Appeal has considered the question of when a proposed implied term should be considered “inconsistent” with an express term of a contract, contrasting direct linguistic inconsistency and substantive...more

Gone For Good: Federal Court Denies Arbitration Opportunity

Polsinelli on 10/28/2016

A recent decision from the United States District Court for the Southern District of Florida is a reminder that if a litigant intends to enforce its contractual arbitration provision, the issue must be raised at an early...more

CFPB enters into consent order with credit union

Ballard Spahr LLP on 10/17/2016

The CFPB announced that it has entered into a consent order with Navy Federal Credit Union to settle allegations that the credit union engaged in unfair and deceptive collection practices in violation of the Consumer...more

Banking Sector › Banks › Contract Terms

Where there's no waiver, there's no way

Court Finds Confidentiality Provision In Arbitration Agreement Unconscionable, Compels Consumer Arbitration

Substantive inconsistency between express and implied terms

Gone For Good: Federal Court Denies Arbitration Opportunity

CFPB enters into consent order with credit union

"My best business intelligence, in one easy email…"