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Financial Services Law A bill now before California’s legislature would require servicers suspend borrowers’ payment obligations on home loans for a year and for six months or more on car contracts or loans. The bill would also ban foreclosure, eviction and repossession until six months after the date of the state declares an end of the COVID-19 emergency. [1] Assembly… Read More

Labor & Employment Once you’re ready to bring back employees to the office, how will you decide who to bring back and when? Generally, the return of the workforce will likely occur in a phased approach. As a business, it is imperative that you consider the following issues to develop a thoughtful and impartial approach to regaining your workforce: Will… Read More

Labor & Employment The COVID-19 pandemic forced countless businesses into a near daily cycle of adjustments and adaptations, all with the overarching goal of protecting their employees while enduring the emergency measures taken to contain the virus. Now, states and local governments have begun to ease their blanket shelter in place restrictions. Is there anything businesses should do now while… Read More

Labor & Employment What are the implications around screening and testing in the workplace that employers must be cognizant of as they strive to comply with the federal Americans with Disabilities Act (ADA)? Although pandemic preparedness in the workplace and its intersection with the ADA is not necessarily a novel concept (in fact, the EEOC recently updated existing guidance on… Read More

Financial Services Law On March 27, 2020 the President signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The statute is the largest economic stimulus in the nation’s history—totaling more than $2 trillion—and was designed to provide significant financial and regulatory relief in response to the ongoing COVID-19 health crisis. Like many of the other sweeping… Read More

Construction Law As we experience and emerge from “the great shutdown” of 2020, things have and will change in all aspects of life – including the design and construction process. Nowhere in the design and construction interface and transformation has the impact been greater than with respect to on-site design engagement during construction. Designers, contractors, and owners have all had… Read More

Construction Law In this (or any other) time of social and/or business disruption, delays, or shutdowns, focus frequently goes to the scheduling clauses contained in design and construction professional service agreements. One common phrase frequently used in such agreements is “time is of the essence.” In ordinary times, the phrase garners little attention. In times of disruption, delay, and shutdown,… Read More

On April 20, 2020, Legendary Transport, LLC brought a class action against several national lenders.  The complaint was filed in the United States District Court Central District of California (case number 2:20-cv-03636-ODW-JC). Plaintiff is a small business that applied for a PPP loan with one of the Defendant-lenders.  Plaintiff claims that all of the Defendants prioritized loan applications of “favored… Read More

On April 27, 2020, Informatech Consulting Inc., filed a class action lawsuit against a national lender in the United States District Court, Northern District of California (case number 4:20-cv-02892-DMR).  Plaintiff is represented by Greg Coleman Law PC, Lockridge Grindal Nauen P.L.L.P., and Whitfield Bryson LLP. Plaintiff provides consulting services to FDA regulated industries.  Plaintiff alleges that the defendant-lender was required… Read More

On May 5, 2020, Studio 1220, Inc., filed a class action lawsuit against a national lender and an affiliate in the United States District Court, Northern District of California (case number 3:2020cv03081).  Plaintiff is represented by Keegan & Baker, LLP. Plaintiff is a small business that operates a chain of clothing stores. Plaintiff claims the defendant-lender and affiliate failed to… Read More

On April 27, 2020, Plaintiff American Video Duplicating, Inc., Tush Law Ltd., and Kenneth M. Hahn (dba Cal State Financial) filed a class action lawsuit in the United States District Court, Central District of California (case number 2:20-cv-03815-ODW-AGR) against a number of defendant-lenders.  Plaintiffs are represented by Geragos & Geragos APC, Graylaw Group, Inc., and Dhillon Law Group Inc. Plaintiffs… Read More

On April 19, 2020, Plaintiffs Law Office of Sabrina Damast, Eye Land Optometry, BNG Restaurant Group Inc., and Umezu Enterprises LLC filed their putative class action in the United States District Court, Central District of California (case number 2:20-cv-03591) against a national lender. Plaintiffs are represented by the Stalwart Law Group. Plaintiffs are small businesses located in Southern California who… Read More

On May 12, 2020, ImpAcct, LLC, filed a class action lawsuit against a number of defendant-lenders in the United States District Court, District of Colorado (case number 1:20-cv-01344). Plaintiff is represented by the Shuman, Glenn & Stecker, Geragos & Geragos, P.C., Zimmerman Reed LLP, Graylaw Group, Inc., and Dhillon Law Group Inc. firms. Plaintiff is an accounting company based in… Read More

On April 19, 2020, Plaintiffs BSJA, Inc. and Alexhd, LLC, filed a class action lawsuit against a national lender in the United States District Court, Central District of California (case number 2:20-cv-03588-ODW-JC). Plaintiffs are represented by the Stalwart Law Group. Plaintiffs allege that the defendant-lender reshuffled PPP applications and failed to make loans on a “first come, first served basis”… Read More

On April 20, 2020, Outlet Tile Center filed a class action lawsuit in the United States District Court, Central District of California (case number 2:20-cv- 03603) against a national lender and the Small Business Administration (named as the United States of America). Plaintiff was represented by Tauler Smith LLP. The complaint was dismissed on April 28, 2020. The named plaintiff… Read More

Brunner Accounting Group filed a class action lawsuit in the United States District Court, Central District of California, on May 8, 2020 (case number 2:20-cv-04235) against a number of defendant-lenders. Plaintiffs are represented by Graylaw Group, Inc., and Dhillon Law Group Inc. The named plaintiff is a sole proprietorship that allegedly provides tax and accounting services in Glendale, California. Plaintiff… Read More

Attorneys from Severson & Werson’s Data Privacy and Cybersecurity Group went all-in for this year’s Data Privacy Day 2020. In the Firm’s San Francisco office, Joseph Guzzetta (CIPP/US; CIPP/E) and Evelina Manukyan (CIPP/US; CIPP/E) passed their Certified Information Privacy Manager (CIPM) certification from the International Association of Privacy Professionals (IAPP).   In the Firm’s Orange County office, Genevieve Walser-Jolly (CIPP/US),… Read More

Effective January 1, 2020, the California Consumer Privacy Act imposes liability on businesses for a data breach that results from the failure to maintain reasonable security procedures and practices.  The CCPA’s liability for such a data breach can be daunting, up to $750 per person.  Accordingly, since the CCPA’s enactment, compliance practitioners have advised their clients to shore up their… Read More

The American Bar Association's Consumer Financial Service Committee published Genevieve Walser-Jolly's and Scott Hyman's article entitled "The California Consumer Privacy Act's 30-Day Right to Cure" in its Winter Newsletter on December 05, 2019.  A copy of the Article can be found at: https://www.americanbar.org/groups/business_law/publications/committee_newsletters/consumer/2019/201911/consumer/ Read More

View full article here.  Scott J. Hyman is a Certified Information Privacy Professional (U.S.) and is the Data Protection Officer and Vice Chair of the Financial Services Practice Group of Severson & Werson, P.C. Mr. Hyman is a member of the Executive Committee of the Conference on Consumer Finance Law, and specializes in representing automobile finance companies and consumer lenders.… Read More

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