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Dylan Black focuses his practice on complex civil litigation in state and federal courts, with particular emphasis on class actions, state and federal securities fraud cases, professional liability matters, and insurance coverage litigation. His recent class action experience includes the successful defense of clients facing putative nationwide classes in cases alleging violations of consumer protection statutes such as the Telephone Consumer Protection Act and the Fair and Accurate Credit Transactions Act.

SEC Wants the Truth and Nothing but the Truth in AdvertisingTell the truth, the whole truth, and nothing but the truth: that’s the message to registered investment advisors from the Office of Compliance Inspections and Examinations (OCIE) in a recent risk alert about the SEC’s Advertising Rule (Rule 206(4)-1).

The rule prohibits advisors from making untrue statements of material fact and from otherwise including misleading

Supreme Court Decision Provides Significant Protection to Securities Industry, Limits SEC EnforcementIn a decision previewed in an earlier post, the United States Supreme Court ruled unanimously in Kokesh v. Securities and Exchange Commission that the five-year statute of limitations in 28 U.S.C. section 2462 applies to SEC enforcement actions seeking the remedy of disgorgement. Resolving a Circuit split, the Supreme Court ruled that disgorgement is

Bradley Launches New Broker Dealer and Investment Advisor Blog SeriesBradley’s Banking & Financial Services Team is pleased to announce a new blog series led by its Broker-Dealer and Investment Advisor Team. The series will focus on issues critical to assisting financial institutions and service providers in maintaining compliance, protecting their operations and developing their businesses while minimizing risk.

Bradley’s Broker-Dealer & Investment Advisor

CFPB’s Proposed Rule Bans Class Waivers in Financial Services IndustryAs expected, yesterday the Consumer Finance Protection Bureau (CFPB) announced a proposed rule that would effectively ban class action waivers in pre-dispute arbitration agreements for a broad range of consumer financial products and services, and end the confidentiality often associated with individual arbitrations. The proposed rule would forbid a covered financial product or service provider

Unaccepted Offer of Judgment Does Not Moot TCPA Plaintiff’s (or Putative Class’s) Claim, Supreme Court SaysIn a 6-3 decision, the U.S. Supreme Court in Campbell-Ewald v. Gomez ruled last week that an unaccepted offer of judgment under Rule 68 of the Federal Rules of Civil Procedure does not divest the trial court of subject matter jurisdiction. Campbell-Ewald had made putative class representative Gomez a Rule 68 offer of judgment in