What s Next for the Department s Borrower Defense Rule?
|
|
- Holly Carter
- 5 years ago
- Views:
Transcription
1 What s Next for the Department s Borrower Defense Rule? AARON LACEY PARTNER, HIGHER EDUCATION PRACTICE THOMPSON COBURN LLP
2 Aaron D. Lacey o Partner, Higher Education Practice, Thompson Coburn LLP. Higher Education Practice o Provide regulatory counsel on federal, state, and accrediting agency laws and standards (e.g., Title IV, Title IX, Clery, consumer information). o Assist with postsecondary transactions, contract drafting and negotiation, policy creation, and compliance systems design. o Represent institutions in student and employee litigation, government investigations, administrative proceedings, audits, and reviews.
3 Prior Experience o Senior Vice President of Regulatory Affairs & Strategic Development for postsecondary institution. Oversaw regulatory, compliance, and government affairs matters for 24 campus locations in Midwest and Southeast United States, as well as for online division. o Attorney in DC Higher Education Practice. Provided regulatory and policy guidance, managed agency proceedings, drafted and negotiated wide variety of agreements.
4 Overview and Status of BDR Negotiated Rulemaking The BDR Origin Story Changes Introduced by BDR-1 The Federal Standard for BDR-1 Claims The BDR-1 Claims Process TC Resources
5
6 Borrower Defense Framework Financial Responsibility Triggers Arbitration Agreements Closed School Discharge False Certification Discharge Misrepresentation Repayment Rates for Prop. Schools
7 DATE Oct Mar June 2016 Aug. 1, 2016 Nov. 1, 2016 Jan. 19, 2017 May 24, 2017 June 16, 2017 July 1, 2017 EVENT USED announces BDR-1 negotiated rulemaking Negotiated rulemaking completed for BDR-1 Proposed BDR-1 published BDR-1 comment period closes Publication of Final BDR-1 Rule Publication of supplementary BDR-1 procedures for group claims brought by USED The California Association of Private Postsecondary Schools files a lawsuit challenging BDR-1 USED announces (1) indefinite delay of almost all elements of BDR-1 pending resolution of CAPPS litigation; (2) agency s intent to initiate new rulemaking to overhaul BDR-1 and create BDR-2; (2) public hearings to discuss agenda for BDR-2 rulemaking Original effective date of indefinitely delayed BDR-1 rule
8 DATE Oct. 24, 2017 EVENT USED (1) releases interim final rule that delays effective date of BDR- 1 until July 1, 2018; and (2) proposes further delay of BDR-1 until July 1, 2019, the date upon which BDR-2 would become effective. Nov , 2017 First round of BDR-2 negotiated rulemaking Nov. 24, 2017 Deadline to comment on USED proposal to delay BDR-1 until July 1, 2019 Jan. 8-11, 2018 Feb , 2018 May-June 2018 July 1, 2018 Aug.-Sept., 2018 Nov. 1, 2018 July 1, 2019 Second round of BDR-2 negotiated rulemaking Third round of BDR-2 negotiated rulemaking Likely time period for release of BDR-2 proposed rule Current effective date for BDR-1 Likely time period for close of comments on BDR-2 proposed rule Deadline for publication of BDR-2 final rule* Proposed effective date for BDR-1 and target effective date for BDR-2 *Pursuant to Section 482(c) of the HEA, ED must publish final regulations before November 1 of a given year in order for them to take effect on July of the following year.
9
10 The purpose of negotiated rulemaking o Process by which USED works to develop a rule in collaboration with representatives of groups who will be affected significantly by the rule. o Done through a series of meetings during which selected negotiators work with USED to achieve consensus.
11 Determination of issues o USED has an idea of where it wants to go, and typically will present negotiators with particular issues for discussion. o USED also solicits input from public before developing issue lists. o Committee members also may suggest issues to be added, subject to approval of the committee.
12 Selection of negotiators o USED solicits nominations for negotiators to represent specified groups. o After reviewing nominations, USED selects and announces committee, typically of negotiators. o Committee members also may suggest additional negotiators to be added, subject to approval of the committee.
13
14 Possible outcomes o If consensus is achieved, USED uses that regulatory language in the proposed rule. o If consensus is not achieved, USED may elect to terminate the rulemaking, use regulatory language developed during the negotiations, or develop new regulatory language for all or a portion of its proposed rule.
15
16 In 1993, Congress created the Direct Loan program. As part of that legislation, Congress directed: [T]he Secretary shall specify in regulations which acts or omissions of an institution of higher education a borrower may assert as a defense to repayment of a loan made under this part[.] HEA 455(h); 20 USC 1087e(h).
17 The following year, USED introduced at 34 CFR (c) the basic framework that still exists today: USED initiates DL collection proceeding Borrower asserts defense against repayment USED considers defense USED forgives loan amount USED has 3 years to initiate separate action to recover forgiven amount from institution
18 A borrower defense included: [A]ny act or omission of the school attended by the student that would give rise to a cause of action against the school under applicable State law. Former 34 CFR (c)
19 In 1995 Notice of Interpretation, USED added that cause of action must directly relate to the loan or to the school s provision of educational services for which the loan was provided. Personal injury tort claims or actions based on allegations of sexual or racial harassment, for example, would be excluded. 60 Fed. Reg (Jul. 21, 1995).
20 With regard to timing: A borrower could assert a defense at any time, without regard to when the underlying act or omission occurred. USED only has three years from borrower s last award year to initiate proceeding to recover lost funds from school. Former 34 CFR (c)(3).
21 There was no discussion of the process USED would follow in a recovery action. However, in 1995, USED acknowledged schools entitled to due process in these proceedings. 60 Fed. Reg (Jul. 21, 1995).
22
23 No collection action required New federal standard for BDR claim New time limitations on asserting claim New time limitations on recovery actions New individual claim process New group claim process New methods for calculating relief Does not require collection action to precede defense claim Judgement, breach of contract, and substantial misrepresentation Few limitations, which vary by nature of claim Time limits tied to statute of limitations and notice of claim No collection proceeding required USED staff reviews claim USED initiates process (no claims required) Hearing official reviews group claim New methods include valuation of institution s education
24
25 A borrower defense exists where an act or omission of the school relates to (1) the making of the loan or (2) the educational services for which the loan was provided, and: Was the basis for a judgement against the school; Was the basis for a breach of contract; or Was a substantial misrepresentation upon which the student actually relied. 34 CFR (a)-(d).
26 Includes any non-default, favorable contested judgment secured by a borrower or governmental agency based on State or Federal law in a court or administrative tribunal of competent jurisdiction. No limitation on when a claim can be brought. 34 CFR (b).
27 Includes any failure to perform under terms of contract with student, without regard to materiality. Contract can include an enrollment agreement and any school catalogs, bulletins, circulars, student handbooks, or school regulations. No limitation on claims to discharge future amounts owed and six-year limitation (from the date of the breach) on claims to discharge amounts already paid. 34 CFR (c); 81 Fed. Reg (June 16, 2016).
28 Includes any substantial misrepresentation made by the school or any contractual partner. No materiality standard, but borrower must show actual, reasonable reliance to his or her detriment (except in group claims). No limitation on claims to discharge future amounts owed and six-year limitation (from the date of discovery) on claims to discharge amounts already paid. 34 CFR (d).
29 Substantial misrepresentation: Any misrepresentation on which the person to whom it was made could reasonably be expected to rely, or has reasonably relied, to that person's detriment. Neither intent or recklessness required, nor any showing that misrepresentation or detriment was material 34 CFR (c).
30 We believe that an institution is responsible for the harm to borrowers caused by its misrepresentations, even if such misrepresentations cannot be attributed to institutional intent or knowledge and are the result of inadvertent or innocent mistakes. Similarly, we believe this is the case even for statements that are true, but misleading. 81 Fed. Reg (Nov. 1, 2016).
31 Finding of reasonable reliance more likely if evidence shows school was: Demanding that the borrower make enrollment or loan-related decisions immediately; Placing an unreasonable emphasis on unfavorable consequences of delay; Discouraging the borrower from consulting an adviser, a family member, or other resource; Failing to respond to the borrower s requests for more information including about the cost of the program and the nature of any financial aid; or Otherwise unreasonably pressuring the borrower or taking advantage of the borrower s distress or lack of knowledge or sophistication. 34 CFR (d)(2).
32 Should defense claims be brought outside the context of a collection action? Should nexus between act or omission and educational services be stronger? Should contract include catalogs, bulletins, and similar documents? Should rule include a materiality standard for breaches of contract? Should schools be responsible for accidental or inadvertent misrepresentations? Should substantial misrepresentation require material detriment? Should there be a rebuttable presumption of actual reliance in group claims based on misrepresentation? Are the statutes of limitations fair to institutions?
33
34 Borrower submits claim application and evidence to USED USED grants forbearance/suspends collection activity USED designates staff to review and resolve claim Staff notifies school of claim Staff reviews evidence, USED records, and any school submission Upon request, staff provides to borrower evidence USED deems relevant Staff issues written decision and notifies borrower In accordance with time limitations, USED initiates a separate action against school to establish liability and recover amounts owed pursuant to 34 CFR CFR (e).
35 A borrower may request reconsideration at any time based on new evidence, which is relevant evidence (1) not previously provided and (2) not identified in the final decision as evidence relied upon. USED may reopen a claim at any time to consider new evidence. 34 CFR (e)(5).
36 USED may initiate a recovery action against a school: At any time for claims based on judgments against a school. For six years where claims are based on breach of contract or substantial misrepresentation. At any time if the school had notice of the claim before the noted periods expire. 34 CFR (e)(7).
37 A school has notice if it has received: o Actual notice from the borrower, a borrower rep, or from ED; o A class action complaint that may include the borrower; or o Written notice, including a civil investigative demand or other written demand for information, from a Federal or State agency that has power to initiate an investigation into conduct of the school relating to specific programs, periods, or practices that may have affected the borrower. 34 CFR (c)(3)-(4).
38 Should students and schools be able to first attempt resolution internally? Should an ALJ be involved in the discharge determination? Should USED be required to supply relevant evidence to a school upon request? Should schools be guaranteed a right to respond and a timeframe to do so? Should USED be required to provide schools with the written determination? Should a school or USED be able to reopen the matter at any time based on new evidence? What is the precedential value of the staff decision? What is the standard of proof in an individual BDR claim? Does the notice standard represent a reasonable risk allocation?
39 USED initiates claim on behalf of borrower group USED designates staff to represent group and notifies borrowers ALJ notifies school of claim, proceeding, and procedural rights ALJ considers evidence and argument from USED staff and school consistent with process outlined at 34 CFR ALJ can elect to split claim and relief determinations Institution can request a hearing, request a pre-hearing conference, and/or file motion for summary disposition ALJ issues written decision on claim and relief USED Staff or School may appeal decision to Secretary Secretary issues final decision (or remands) and initiates collection activity, as applicable 34 CFR , (f) and (h).
40 If relief for the group has been denied in full or in part, a borrower may still file an individual claim based on the same underlying act or omission. USED may reopen a claim at any time to consider new evidence. 34 CFR (h).
41 USED may initiate a recovery action against a school: At any time for claims based on judgments against a school. For six years where claims are based on breach of contract or substantial misrepresentation. At any time if the school had notice of the claim before the noted periods expire. 34 CFR (h)(5).
42 Should USED be able to initiate a group claim absent individual claims? Should schools have the opportunity to cross-examine borrowers? Should ALJ be required to identify and provide to school evidence ALJ considers relevant? Should USED be able to reopen the matter at any time based on new evidence? Should a school also have a right to request a new review based on new evidence? What is the precedential value of the ALJ s decision? What is the standard of proof in a group BDR claim? Does the notice standard represent a reasonable risk allocation?
43
44 Webinar series on final borrower defense rule. Available free and on demand at:
45 Our higher education law blog, REGucation.
46 Aaron D. Lacey, Esq. Partner, Higher Education Practice Thompson Coburn LLP
47 Please note that the purpose of this presentation is to provide news and information on legal issues and all content provided is for informational purposes only and should not be considered legal advice. The transmission of information from this presentation does not establish an attorneyclient relationship with the participant. The participant should not act on the information contained in this presentation or any accompanying materials without first consulting retained legal counsel. If you desire legal advice for a particular situation, you should consult an attorney. 47
WELCOME & INTRODUCTION
The Proposed Elimination of Arbitration Clauses Part of the Unraveling the Proposed Borrower Defense Rule Webinar Series Aug.-Sept. 2016 higher education practice WELCOME & INTRODUCTION Jeffrey R. Fink
More informationBorrower Defense Webinar Series
Borrower Defense Webinar Series Webinar series schedule: o The New Borrower Defense Framework (November 29, 2016) o The Revised Financial Responsibility Standards (December 1, 2016) o Changes to Closed
More informationCompleters List Challenges, Debt Challenges, and Alternative Earnings Appeals
Completers List Challenges, Debt Challenges, and Alternative Earnings Appeals Part of the Navigating Gainful Employment Webinar Series February 2016 higher education practice WELCOME & INTRODUCTION Aaron
More informationNegotiated Rulemaking Committee Members. From: Dennis Cariello & Chris Deluca. Date: March 2, 2016
To: Negotiated Rulemaking Committee Members From: Dennis Cariello & Chris Deluca Date: March 2, 2016 Re: Proposed Revisions to Department s Issue Papers 1-3 We wish to thank the Department of Education
More informationProcedural Considerations For Insurance Coverage Declaratory Judgment Actions
Procedural Considerations For Insurance Coverage Declaratory Judgment Actions New York City Bar Association October 24, 2016 Eric A. Portuguese Lester Schwab Katz & Dwyer, LLP 1 Introduction Purpose of
More informationStudent Assistance General Provisions, Federal Perkins Loan. Program, Federal Family Education Loan Program, William D. Ford
This document is scheduled to be published in the Federal Register on 06/16/2017 and available online at https://federalregister.gov/d/2017-12562, and on FDsys.gov 4000-01-U DEPARTMENT OF EDUCATION 34
More informationCase 1:17-cv RDM Document 53 Filed 03/01/18 Page 1 of 31 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:17-cv-01330-RDM Document 53 Filed 03/01/18 Page 1 of 31 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MEAGHAN BAUER and ) STEPHANO DEL ROSE, ) ) Plaintiffs, ) Civil Action No. 17-1330-RDM
More informationCase 1:17-cv Document 1 Filed 07/06/17 Page 1 of 19 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:17-cv-01330 Document 1 Filed 07/06/17 Page 1 of 19 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MEAGHAN BAUER, ) 80 Foster Street, Apt. 308 ) Peabody, MA 01960, ) ) STEPHANO DEL ROSE,
More informationTermination of Employment for Misconduct; Request for Public Comments Notice 99 27
Termination of Employment for Misconduct; Request for Public Comments Notice 99 27 SECTION I. PURPOSE Section 1203 of the Internal Revenue Service Restructuring and Reform Act of 1998 (the RRA ) provides
More informationFiduciary Policy Comparisons
Fiduciary Policy Comparisons Hartford Fiduciary Liability Coverage PE 00 H015 02 0507, Common Terms and Conditions June, 2008 Topic - DEFENSE AND SETTLEMENT Solely with respect to those Liability Coverage
More informationAGENCY: Federal Student Aid, Department of Education. ACTION: Notice of a Modified System of Records.
This document is scheduled to be published in the Federal Register on 06/13/2018 and available online at https://federalregister.gov/d/2018-12700, and on FDsys.gov 4000-01-U DEPARTMENT OF EDUCATION Privacy
More informationLAWYERS PROFESSIONAL LIABILITY INSURANCE CLAIMS-MADE POLICY
LAWYERS PROFESSIONAL LIABILITY INSURANCE CLAIMS-MADE POLICY COVERAGE DEFENSE AND SETTLEMENT TERRITORY WE will pay, subject to OUR limit of liability, all DAMAGES the INSURED may be legally obligated to
More informationPromissory Note Education Loan
Promissory Note Education Loan 1. Name & Permanent Address 2. Social Security Number 7. School Name, Address, & Phone number DORSEY SCHOOL OF BUSINESS 31799 John R Road Madison Heights, MI 48071 3. Student
More informationU.S. DEPARTMENT OF EDUCATION APPLICATION FOR BORROWER DEFENSE TO LOAN REPAYMENT SECTION I. BORROWER INFORMATION
U.S. DEPARTMENT OF EDUCATION APPLICATION FOR BORROWER DEFENSE TO LOAN REPAYMENT If your school misled you or engaged in other misconduct, you may be eligible for borrower defense to repayment, which is
More informationThe Closure of Institutions of Higher Education: Student Options, Borrower Relief, and Implications
The Closure of Institutions of Higher Education: Student Options, Borrower Relief, and Implications Alexandra Hegji Analyst in Social Policy January 12, 2017 Congressional Research Service 7-5700 www.crs.gov
More informationFOR THE SECOND CIRCUIT. August Term, (Argued: August 22, 2012 Decided: August 30, 2012)
11-3209 Easterling v. Collecto, Inc. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2012 (Argued: August 22, 2012 Decided: August 30, 2012) BERLINCIA EASTERLING, on behalf of herself
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. Plaintiffs-Appellants, Defendants-Appellees.
Case: 17-10238 Document: 00514003289 Page: 1 Date Filed: 05/23/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, et al., Plaintiffs-Appellants,
More informationSpecimen. Private Company Management Liability Insurance Policy Employment Practices Liability Coverage Part ( EPLI Coverage Part )
In consideration of the premium charged and in reliance upon the statements made by the Insureds in the Application, which forms a part of this Policy, the Insurer agrees as follows: I. Insuring Agreements
More informationTarget Date Funds Platform Investment Options
Target Date Funds Platform Investment Options The Evolving Tension Between Property Rights and Union Access Rights The California Experience By: Ted Scott and Sara B. Kalis, Littler Mendelson Kim Zeldin,
More informationSettlement Agreement National Federation of the Blind, et al. & U.S. Department of Education
Whereas, the Department of Education ( Department ), through its student loan servicers, administers a student loan program called the Direct Loan Program, and Whereas, on March 23, 2011, Mr. Scott Berry
More informationDocket ID ED-2016-ICCD-0075 Comments to Application for Borrower Defense to Loan Repayment Form (as revised per 81 Fed. Reg (Sept.
October 27, 2016 The Honorable John B. King, Jr. Secretary of Education U.S. Department of Education 400 Maryland Ave, SW Washington, DC 20202 Re: Docket ID ED-2016-ICCD-0075 Comments to Application for
More informationEmployment Practices Liability for Law Firms
Employment Practices Liability for Law Firms Insurance Policy Executive Risk Indemnity Inc. Home Office: The Prentice-Hall Corporation System, Inc. 1013 Centre Road Wilmington, Delaware 19805-1297 Administrative
More informationCLAIMS AGAINST INDUSTRIAL HYGIENISTS: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS
CLAIMS AGAINST INDUSTRIAL HYGIENISTS: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS Martin M. Ween, Esq. Partner Wilson, Elser, Moskowitz, Edelman & Dicker,
More informationDORAL FINANCIAL CREDITORS TRUST FIRST SEMI-ANNUAL STATUS REPORT FOR THE PERIOD FROM OCTOBER 28, 2016 (THE PLAN EFFECTIVE DATE) THROUGH APRIL 30, 2017
DORAL FINANCIAL CREDITORS TRUST FIRST SEMI-ANNUAL STATUS REPORT FOR THE PERIOD FROM OCTOBER 28, 2016 (THE PLAN EFFECTIVE DATE) THROUGH APRIL 30, 2017 Background The Doral Financial Creditors Trust (the
More informationFlorida Hospital has had a provider agreement with HMHS since at least April 2005, and is part of its TRICARE provider network.
CLIENT ALERT U.S. Department of Labor Administrative Review Board Reverses Prior Ruling and Holds that a Tricare Network Provider is a "Subcontractor" Under OFCCP Regulations Jul.30.2013 On July 22, 2013,
More informationUDAAP. Understanding What It Is and Where It Applies. Presented by: Thomas Fox, Partner Schwartz & Ballen LLP
June 21, 2016 UDAAP Understanding What It Is and Where It Applies Presented by: Thomas Fox, Partner Schwartz & Ballen LLP Copyright 2016 by the Electronic Check Clearing House Organization Disclaimer This
More informationIn the Supreme Court of the United States
No. 16-757 In the Supreme Court of the United States DOMICK NELSON, PETITIONER v. MIDLAND CREDIT MANAGEMENT, INC. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH
More informationU.S. Department of Labor
U.S. Department of Labor Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210 In the Matter of: ANTONIO ANDREWS, ARB CASE NO. 06-071 NIQUEL BARRON, COMPLAINANTS, ALJ CASE NOS.
More informationPrivate Investment Fund Liability Insurance Management and Professional Liability Coverage Part
I. Insuring agreements We will pay loss in excess of any applicable retention resulting from claims against you for a wrongful act as follows, provided the claim is first made against you and reported
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA SOUTHERN DIVISION FRANZ SCHLEICHER, et al., Plaintiffs, No. 02 CV 1332 TWP-TAB.
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA SOUTHERN DIVISION FRANZ SCHLEICHER, et al., -against- GARY C. WENDT, WILLIAM J. SHEA, CHARLES B. CHOKEL and JAMES S. ADAMS, Plaintiffs, No. 02
More informationMedicare Claims Appeals Developments and Proposals for Expansion
Medicare Claims Appeals Developments and Proposals for Expansion Donna Thiel Tracy Weir Shareholder Shareholder Washington, D.C. Washington, D.C. 202.508.3404 202.508.3481 dthiel@bakerdonelson.com tweir@bakerdonelson.com
More informationCase 3:09-cv N-BQ Document 201 Filed 05/16/17 Page 1 of 13 PageID 3204
Case 3:09-cv-01736-N-BQ Document 201 Filed 05/16/17 Page 1 of 13 PageID 3204 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION CERTAIN UNDERWRITERS AT LLOYD S OF LONDON
More informationForeFront Portfolio SM For Not-for-Profit Organizations Directors & Officers. Insuring Clauses
In consideration of payment of the premium and subject to the Declarations, the General Terms and Conditions, and the limitations, conditions, provisions and other terms of this Coverage Section, the Company
More informationPURCHASER ELIGIBILITY CERTIFICATION. Sale/Loan Pool Number(s):
OMB Number: 3064-0135 Expiration Date: 05/31/2012 PURCHASER ELIGIBILITY CERTIFICATION Sal: The purpose of the Purchaser Eligibility Certification is to identify Prospective Purchasers who are not eligible
More informationHOT ISSUES IN CIVIL ASSET FORFEITURES. Stephen J. Dunn 1. funds on deposit at the bank. Cash needed to operate the business and pay
HOT ISSUES IN CIVIL ASSET FORFEITURES Stephen J. Dunn 1 A business receives a call from its bank that the IRS has seized all of the business funds on deposit at the bank. Cash needed to operate the business
More informationEMPLOYMENT PRACTICES LIABILITY POLICY
EMPLOYMENT PRACTICES LIABILITY POLICY THIS IS A CLAIMS MADE POLICY WITH DEFENSE EXPENSES INCLUDED IN THE LIMIT OF LIABILITY. PLEASE READ AND REVIEW THE POLICY CAREFULLY. In consideration of the payment
More informationCase 1:17-cv UNA Document 3-1 Filed 09/18/17 Page 1 of 40 PageID #: 23 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
Case 1:17-cv-01323-UNA Document 3-1 Filed 09/18/17 Page 1 of 40 PageID #: 23 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE Consumer Financial Protection Bureau, Plaintiff, v. THE NATIONAL
More informationB. Co-Defendant Coverage. This alternative grants coverage for any claim against the company provided that the claim is also made against D&Os.
GLOSSARY I. INSURANCE COVERAGE TERMS Allocation refers to the process of determining the amount of defense costs and any settlement or judgment which is properly attributable or allocated to covered claims
More informationFive Questions to Ask to Maximize D&O Insurance Coverage of FCPA Claims
Five Questions to Ask to Maximize D&O Insurance Coverage of FCPA Claims By Andrew M. Reidy, Joseph M. Saka and Ario Fazli Lowenstein Sandler Companies spend hundreds of millions of dollars annually to
More informationCase 1:14-cv WPD Document 20 Entered on FLSD Docket 05/30/2014 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case 1:14-cv-20273-WPD Document 20 Entered on FLSD Docket 05/30/2014 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA REBECCA CARBONELL, f/k/a REBECCA PLUT, individually, vs. Plaintiff,
More informationVA Issues Interim Guidelines on Debt Collection Waiver as a Result of Legislation
Copyright 1990 by National Clearinghouse for Legal Services. All rights Reserved. 24 Clearinghouse Review 829 (December 1990) VA Issues Interim Guidelines on Debt Collection Waiver as a Result of Legislation
More informationDirectors, Officers and Corporate Liability Insurance Coverage Section
Directors, Officers and Corporate Liability Insurance Coverage Section CLAIMS MADE NOTICE FOR POLICY NOTICE: THIS POLICY PROVIDES COVERAGE ON A CLAIMS MADE AND REPORTED BASIS SUBJECT TO ITS TERMS. THIS
More informationFIDUCIARY LIABILITY COVERAGE PART
FIDUCIARY LIABILITY COVERAGE PART I. INSURING AGREEMENTS Fiduciary Liability The Insurer shall pay Loss on behalf of the Insureds resulting from a Fiduciary Claim first made against the Insureds during
More informationSPECIMEN. Power Source SM Employment Practices Liability Coverage Section
In consideration of payment of the premium and subject to the Declarations, General Terms and Conditions, and the limitations, conditions, provisions and other terms of this Coverage Section, the Company
More informationAIG Specialty Insurance Company
AIG Specialty Insurance Company A capital stock company DIRECTORS, OFFICERS AND NOT-FOR-PROFIT ORGANIZATION LIABILITY COVERAGE SECTION ONE ( D&O COVERAGE SECTION ) Notice: Pursuant to Clause 1 of the General
More informationCase 1:15-cv LG-RHW Document 62 Filed 10/02/15 Page 1 of 11
Case 1:15-cv-00236-LG-RHW Document 62 Filed 10/02/15 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION FEDERAL INSURANCE COMPANY PLAINTIFF/ COUNTER-DEFENDANT
More informationFollow this and additional works at:
2013 Decisions Opinions of the United States Court of Appeals for the Third Circuit 7-3-2013 USA v. Edward Meehan Precedential or Non-Precedential: Non-Precedential Docket No. 11-3392 Follow this and additional
More informationPENSION AND WELFARE BENEFIT PLAN FIDUCIARY LIABILITY COVERAGE PART
PENSION AND WELFARE BENEFIT PLAN FIDUCIARY LIABILITY COVERAGE PART THIS IS A CLAIMS MADE COVERAGE PART WITH DEFENSE EXPENSES INCLUDED IN THE LIMIT OF LIABILITY. PLEASE READ AND REVIEW THE POLICY CAREFULLY.
More informationEXPERT ANALYSIS The Fair Pay and Safe Workplaces Executive Order: The Final Rules, Implementation and Compliance
Westlaw Journal GOVERNMENT CONTRACT Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 30, ISSUE 13 / OCTOBER 24, 2016 EXPERT ANALYSIS The Fair Pay and Safe Workplaces Executive
More informationTERMS OF REFERENCE FOR THE FINANCE AND AUDIT COMMITTEE
I. PURPOSE A. The primary function of the Finance and Audit Committee (the Committee ) is to assist the Board in fulfilling its oversight responsibilities by reviewing: i) the accuracy of financial information
More informationJuly 25, Jean-Didier Gaina U.S. Department of Education 400 Maryland Ave., SW Room 6W232B Washington, DC 20202
July 25, 2016 Jean-Didier Gaina U.S. Department of Education 400 Maryland Ave., SW Room 6W232B Washington, DC 20202 Re: Docket ID ED-2015-OPE-0103 Submitted electronically On behalf of the 1.6 million
More informationDECLARATION OF CAROL A. CAMPBELL
USCA Case #13-5061 Document #1422217 Filed: 02/25/2013 Page 1 of 11 DECLARATION OF CAROL A. CAMPBELL I, Carol A. Campbell, pursuant to the provisions of 28 U.S.C. 1746, declare as follows: I am the Director
More informationEmployment Practices Liability Coverage Section
This Employment Practices Liability Coverage Section only applies if shown as purchased on the Schedule. AIG PrivateEdge Employment Practices Liability Coverage Section In consideration of the payment
More informationCase 1:18-cv LY Document 16 Filed 05/31/18 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION
Case 1:18-cv-00295-LY Document 16 Filed 05/31/18 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD.
More informationARMED SERVICES BOARD OF CONTRACT APPEALS
ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of -- ) ) The Swanson Group, Inc. ) ASBCA No. 52109 ) Under Contract No. N68711-91-C-9509 ) APPEARANCE FOR THE APPELLANT: Mr. Johnny Swanson, III President
More informationIN THE UNITED STATES COURT OF FEDERAL CLAIMS
IN THE UNITED STATES COURT OF FEDERAL CLAIMS If you offered Qualified Health Plans under the Patient Protection and Affordable Care Act in the 2014 and 2015 benefit years, and your allowable costs were
More informationSenate Bill No. 818 CHAPTER 404
Senate Bill No. 818 CHAPTER 404 An act to amend Section 2924 of, to amend and repeal Sections 2923.4, 2923.5, 2923.6, 2923.7, 2924.12, 2924.15, and 2924.17 of, to add Sections 2923.55, 2924.9, 2924.10,
More informationPast Performance Primer. Tim Noelker Scott Lane May 14, 2013
Past Performance Primer Tim Noelker Scott Lane May 14, 2013 Overview Significance of Past Performance Ratings Past Performance Systems CPAR Details and Appeal Processes Tips for Ensuring a Meaningful Review
More informationPLF Claims Made Excess Plan
2019 PLF Claims Made Excess Plan TABLE OF CONTENTS INTRODUCTION... 1 SECTION I COVERAGE AGREEMENT... 1 A. Indemnity...1 B. Defense...1 C. Exhaustion of Limit...2 D. Coverage Territory...2 E. Basic Terms
More informationUNITED STATES COURT OF APPEALS TENTH CIRCUIT ORDER AND JUDGMENT *
FILED United States Court of Appeals Tenth Circuit January 18, 2012 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT THE OHIO CASUALTY INSURANCE COMPANY, v. Plaintiff/Counter-Defendant/Cross-
More informationThird District Court of Appeal State of Florida, July Term, A.D. 2011
Third District Court of Appeal State of Florida, July Term, A.D. 2011 Opinion filed December 07, 2011. Not final until disposition of timely filed motion for rehearing. No. 3D11-334 Lower Tribunal No.
More informationUNITED STATES OF AMERICA CONSUMER FINANCIAL PROTECTION BUREAU
2016-CFPB-0004 Document 1 Filed 02/23/2016 Page 1 of 21 UNITED STATES OF AMERICA CONSUMER FINANCIAL PROTECTION BUREAU ADMINISTRATIVE PROCEEDING File No. 2016-CFPB- In the Matter of: CONSENT ORDER CITIBANK,
More informationConsumer Finance Protection Bureau. About this presentation. The CFPB 1/26/2012
Consumer Finance Protection Bureau Annual Conference Coalition of Higher Education Assistance Organizations John Dean Washington Partners, LLC January 2012 About this presentation This presentation is
More informationSPECIMEN. D&O Elite SM Directors and Officers Liability Insurance. Chubb Group of Insurance Companies 15 Mountain View Road Warren, New Jersey 07059
Chubb Group of Insurance Companies 15 Mountain View Road Warren, New Jersey 07059 D&O Elite SM Directors and Officers Liability Insurance DECLARATIONS FEDERAL INSURANCE COMPANY A stock insurance company,
More informationAbout this report. Confidential and proprietary information 2018 Navient Solutions, LLC. All rights reserved.
CFPB Consumer Response Portal Summary of Navient Customer Submissions Through the CFPB Student Loan Complaint Portal October 1, 2016 - September 30, 2017 March 2018 About this report This report is Navient
More information[Carrier name] FIDUCIARY LIABILITY COVERAGE ENHANCEMENTS ENDORSEMENT (FOREFRONT PORTFOLIO 3.0 sm )
ENDORSEMENT/RIDER [Print Coverage Section description on Endorsements] Effective date of this endorsement/rider: [Transaction Effective Date] [Carrier name] Endorsement/Rider No. [Endorsement number that
More information7 Bonds, Insurance, and Taxes
Bonds, Insurance, and Taxes 7.1.1.b 7 Bonds, Insurance, and Taxes 7.1 Bonds 7.1.1 General 7.1.1.a 7.1.1.b Guidelines. Bonds (other than bonds required for construction contracts) (see 7.1.2.a) and performance
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION THE SCOTT FETZER COMPANY, ) CASE NO. 1: 16 CV 1570 ) Plaintiff, ) JUDGE DONALD C. NUGENT ) v. ) ) MEMORANDUM OPINION
More informationRISK MANAGEMENT 201 BEST PRACTICES IN FINANCIAL AND PROFESSIONAL LIABILITY CLAIMS MANAGEMENT. June 24, 2015
RISK MANAGEMENT 201 BEST PRACTICES IN FINANCIAL AND PROFESSIONAL LIABILITY CLAIMS MANAGEMENT June 24, 2015 BEST PRACTICES IN FINANCIAL AND PROFESSIONAL LIABILITY CLAIMS MANAGEMENT INTRODUCTIONS SUSAN FRIEDMAN
More informationEmployment Practices Liability Coverage Element Declarations
Wesco Insurance Company 800 Superior Ave E., 21 st Floor Cleveland, OH 44114 Employment Practices Liability Coverage Element Declarations 1. NAMED INSURED: 2. POLICY PERIOD: Inception: Expiration: The
More informationJune 12, Docket No. FR-6030-N-01 Reducing Regulatory Burden; Enforcing the Regulatory Reform Agenda Under Executive Order 13777
Regulations Division Office of General Counsel Department of Housing and Urban Development 451 7 th Street, S.W. Room 10276 Washington, D.C. 20410-0500 Re: Docket No. FR-6030-N-01 Reducing Regulatory Burden;
More informationAmendments to IAS 37 Provisions, Contingent Liabilities and Contingent Assets and IAS 19 Employee Benefits
Amendments to IAS 37 Provisions, Contingent Liabilities and Contingent Assets and IAS 19 Employee Benefits 30 Cannon Street, London EC4M 6XH, UK Phone: +44 (20) 7246 6410, Fax: +44 (20) 7246 6411 Email:
More informationTHIS IS A CLAIMS-MADE COVERAGE WITH DEFENSE EXPENSES INCLUDED IN THE LIMIT OF LIABILITY. PLEASE READ ALL TERMS CAREFULLY.
MISCELLANEOUS PROFESSIONAL LIABILITY THIS IS A CLAIMS-MADE COVERAGE WITH DEFENSE EXPENSES INCLUDED IN THE LIMIT OF LIABILITY. PLEASE READ ALL TERMS CAREFULLY. I. INSURING AGREEMENTS II. A.
More informationThe only way to get a payment. NO LATER THAN MARCH 10, 2011 EXCLUDE YOURSELF NO LATER THAN MARCH 10, 2011 SUBMIT A CLAIM FORM
United States District Court Southern District Of New York IN RE FUWEI FILMS SECURITIES LITIGATION Case No. 07-CV-9416 (RJS) NOTICE OF PENDENCY AND SETTLEMENT OF CLASS ACTION If you purchased or otherwise
More informationCFPB Update. COHEAO Annual Conference. January 29, 2018 Arlington, VA. Heather S. Klein, Associate
CFPB Update COHEAO Annual Conference January 29, 2018 Arlington, VA John L. Culhane, Jr., Partner Consumer Financial Services Group Higher Education Group 215.864.8535 culhane@ballardspahr.com Heather
More informationOF FLORIDA. ** Appellant, ** vs. CASE NO. 3D ** LOWER TRIBUNAL NO TRIPP CONSTRUCTION, INC., ** Appellee. **
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. AUTO OWNERS INSURANCE COMPANY, IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002 Appellant,
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, v. Plaintiff, COLLEGEAMERICA DENVER, INC., n/k/a CENTER FOR EXCELLENCE IN HIGHER
More informationInterpretations And Implementation Of The Whistleblower Provisions Of The Sarbanes-Oxley Law
Interpretations And Implementation Of The Whistleblower Provisions Of The Sarbanes-Oxley Law Irvin B. Nathan and Yue-Han Chow A. History Of The Sarbanes-Oxley Whistleblower Provision 1. Drafted principally
More informationAdvisory Report
Advisory Report 2018-05 National Association of College and University Business Officers 1110 Vermont Ave, NW, Suite 800 Washington, DC 20005 202.861.2500 www.nacubo.org November 2018 Changes to the Department
More informationFrom Article at GetOutOfDebt.org
Case 12-01218-RBR Doc 33 Filed 08/16/12 Page 1 of 10 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA Fort Lauderdale Division IN RE: AARON VAHID SEALY, and BAHIYYIH JYOTI SEALY, Debtor. / AARON
More informationWhen Trouble Knocks, Will Directors and Officers Policies Answer?
When Trouble Knocks, Will Directors and Officers Policies Answer? Michael John Miguel Morgan Lewis & Bockius LLP Los Angeles, California The limit of liability theory lies within the imagination of the
More informationNON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellee No. 940 WDA 2014
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 TELETRACKING TECHNOLOGIES, INC. Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA FRANK J. GORI, MARK JULIANO, GENE NACEY, LORRAINE NACEY, STEPHEN
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED EXPLORER INSURANCE COMPANY, Appellant,
More informationThe Saskatchewan Student Direct Loans Regulations
SASKATCHEWAN STUDENT DIRECT LOANS 1 The Saskatchewan Student Direct Loans Regulations being Chapter S-61.1 Reg 1* (effective August 2, 2001) as amended by Saskatchewan Regulations 13/2002, 42/2002, 76/2002,
More informationCOVERAGE PART A. NON PROFIT DIRECTORS AND OFFICERS LIABILITY
COVERAGE PART A. NON PROFIT DIRECTORS AND OFFICERS LIABILITY NOTICE: This is a Claims Made Policy. This Policy only covers those Claims first made against the Insured during the Policy Period or Extended
More informationDocket ID ED 2018 OPE 0027 Comments on Proposed Rules on Borrower Defenses and Financial Responsibility
Docket ID ED 2018 OPE 0027 Comments on Proposed Rules on Borrower Defenses and Financial Responsibility August 30, 2018 The National Association of Student Financial Aid Administrators (NASFAA) submits
More informationHow To Appeal and Win a Medicare Audit
How To Appeal and Win a Medicare Audit Presented by: Howard E. Bogard Burr & Forman LLP Attorney at Law 420 North Twentieth Street Suite 3400 Birmingham, Alabama 35203 hbogard@burr.com www.burr.com 205-458-5416
More informationEMPLOYMENT-RELATED PRACTICES LIABILITY ENDORSEMENT
POLICY NUMBER: BUSINESSOWNERS BP 05 89 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT-RELATED PRACTICES LIABILITY ENDORSEMENT This endorsement modifies insurance provided
More informationNOTICE OF PROPOSED CLASS ACTION SETTLEMENT YOU MAY BE REQUIRED TO FILE A CLAIM FORM. NOT ALL CLASS MEMBERS ARE REQUIRED TO FILE A CLAIM FORM.
The Superior Court of the State of California authorized this Notice. This is not a solicitation from a lawyer. NOTICE OF PROPOSED CLASS ACTION SETTLEMENT If you are a lawyer or law firm that has paid,
More informationTAX LITIGATION MEMORANDUM
LAW OFFICES DAVID L. SILVERMAN, J.D., LL.M. 2001 MARCUS AVENUE LAKE SUCCESS, NEW YORK 11042 (516) 466-5900 SILVERMAN, DAVID L. TELECOPIER (516) 437-7292 NYTAXATTY@AOL.COM AMINOFF, SHIRLEE AMINOFFS@GMAIL.COM
More informationCase 2:18-cv Document 3 Filed 10/16/18 Page 1 of 10 PageID #: 15
Case 2:18-cv-05774 Document 3 Filed 10/16/18 Page 1 of 10 PageID #: 15 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK CIVIL DIVISION Kyle A. Page, } On behalf of Himself } All Others
More informationLaw Office of W. Mark Scott, PLLC
The Resurgence of Whistleblowers in IRS Bond Enforcement By: W. Mark Scott I. THERE AND BACK AGAIN The IRS Office of Tax Exempt Bonds received a significant number of whistleblower tips during my tenure
More informationCase 2:17-cv CB Document 28 Filed 02/28/18 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Case 2:17-cv-01502-CB Document 28 Filed 02/28/18 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA CONSUMER FINANCIAL PROTECTION ) BUREAU, ) ) Petitioner, ) Civil
More informationLEGAL SERVICE BENEFIT CONTRACT
LEGAL SERVICE BENEFIT CONTRACT This is a contract by and between Firearms Legal Protection, LLC, a Texas Limited Liability Company (also referred to as "FLP ; our ; we ; or us") and the Primary Member,,
More informationGENERAL PROVISIONS FOR STAND-ALONE PURCHASE ORDERS ALL PRODUCTS & SERVICES ~ Not for Use for Services of $2,500 or More ~ (January 2017)
APPLIES TO : 1. Legal Status (OCT 12) 2. Disputes (APR 12) 3. Representations (JAN 17) 4. Advertisements (OCT 12) 5. Audit (FEB 15) 6. Indemnify and Hold Harmless (MAY 15) 7. Authority to Bind (AUG 08)
More informationRegulations under IRC Section 7430 Relating to Awards of Administrative Costs and Attorneys Fees
This document is scheduled to be published in the Federal Register on 03/01/2016 and available online at http://federalregister.gov/a/2016-04401, and on FDsys.gov [4830-01-p] DEPARTMENT OF THE TREASURY
More information1. Name of Organization/Entity: Address: 2. Date organized: Conducted business continuously since:
Copies of the following information must be attached to this application: a) Schedule of Directors and Officers including present positions; b) The organization s by-laws; c) The organization s latest
More informationMotors Liquidation Company GUC Trust
UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of report (Date of earliest event
More informationUNITED STATES OF AMERICA
SECURITIES ACT OF 1933 Release No. 10329/ March 29, 2017 UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION SECURITIES EXCHANGE ACT OF 1934 Release No. 80333/ March 29, 2017 ADMINISTRATIVE
More informationA. Administration means one or more of the following administrative duties or activities with respect to a Plan:
FIDUCIARY LIABILITY CLAUSE I. INSURING CLAUSES A. The Underwriters shall pay on behalf of the Insureds all Loss resulting from any Claim first made against any Insured and reported in writing
More information