News & Analysis as of August 16, 2025

Financial Services Industry

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The term "mortgage" typically refers to a mortgage loan. A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +

Wave Goodbye to the Waiver Debate: Court Holds Data Breach Investigation Report Not Work Product from the Start

Alston & Bird on 5/16/2025

Litigants in data breach class actions often fight over whether a data breach investigation report prepared in response to the breach is protected by the work-product doctrine. Common areas of dispute include whether the...more

Real Property, Financial Services, & Title Insurance Update: Week Ending May 1, 2020

Carlton Fields on 5/20/2020

Real Property Update - Foreclosure / Note: Trial court could not challenge authenticity of note as copy where borrower had not pleaded defenses and lender was not afforded advanced notice of dispositive issue to be tried -...more

Real Property, Financial Services, & Title Insurance Update: Week Ending January 17, 2020

Carlton Fields on 2/3/2020

Real Property Update - Condition Precedent / Summary Judgment: Master association was not an owner of the condominium association and lacked standing to defend litigation based upon condominium association’s alleged...more

Real Property, Financial Services, & Title Insurance Update: Week Ending November 16, 2018

Carlton Fields on 12/4/2018

Real Property Update - Derivative v. Direct Action / Standing: individual member of LLC not entitled to sue title company for breach of fiduciary duty because right to sue belonged to LLC, where LLC suffered the direct...more

Out Of Proportion: Court Denies Discovery Requests In Putative TCPA Class Action Due Burden On Defendant

Carlton Fields on 3/14/2018

This putative Telephone Consumer Protection Act (TCPA) class action arose from alleged marketing calls by Quicken Loans (Quicken) to potential mortgage customers. After the magistrate judge granted the plaintiff’s motion to...more

Federal Appeals Court Slams Data Breach Privilege Claim

Patterson Belknap Webb & Tyler LLP on 1/11/2018

In the most recent object lesson in a data breach privilege case, a federal appeals court has ordered a Michigan-based mortgage lender to turn over privileged forensic investigatory documents after the investigator’s...more

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