Articles

U.S. Supreme Court Tie Vote Leaves Equal Credit Opportunity Act Spousal Guarantee Defense Unresolved

Written By Lance P. Martin

The recent death of Justice Antonin Scalia has impacted a decision of great importance to lenders:  Does the Equal Credit Opportunity Act ("ECOA") protect a borrower's spouse when the lender requires the spouse to gua…

The Aftermath of Obergefell: Unsettled Times for Tenancy by the Entirety

Regardless of your politics, your religious beliefs, which side of the social divide you're on, or how you feel about it, one thing is now certain:  same-sex marriages are now legal in this and every other state. …

54,000 Reasons Not to Violate the Automatic Stay

Written By Lance P. Martin

Recently, in In re Johnson, a bankruptcy judge in the United States Bankruptcy Court for the Western District of North Carolina issued a ruling that reminds lenders of the trouble that can befall them if they violate the a…

It's 2016: Do You Know Where Your Medical Records Are?

Written By Leigh A. Wilkinson

Most of us assume that our medical records are under lock and key, safe and secure, somewhere in a vault.  But assumption is not always reality, and with the rapid conversion of paper records to electronic, the locati…

Craft Breweries to be Affected by New FDA Menu Labeling Requirements

Written By Amy P. Wang

In late 2016, craft brewers may find themselves shouldering the burden of providing additional nutrition information beyond current container labeling requirements.  On December 1, 2016, the Federal Food and Drug Admi…

North Carolina Supreme Court Issues a Reminder on the Scope of a Lender's Duty to a Borrower

Written By Lance P. Martin

Recently, in Arnesen v. Rivers Edge Golf Club & Plantation, Inc., the North Carolina Supreme Court issued a welcome opinion for lenders that reaffirmed the limited scope of a lender’s duties to a borrower.  …