Under the CARES Act, borrowers must be affected by COVID-19 and receive an “accommodation” for their creditors to be subject to new FCRA reporting obligations. However, the CARES Act does not explain how the consumer needs to have been affected, nor is it expressly limited to accommodations provided because of the impact of COVID-19. Therefore, creditors must be careful when determining not only how to report accommodations (such as forbearances) consistent with new credit reporting obligations, but also what can be discussed with borrowers regarding the credit impact of these accommodations.
More on this topic from Joe Apatov and Gregg Stevens in the fifth episode of the “More with McGlinchey” podcast.
To listen to all episodes of More with McGlinchey, visit us at mcglinchey.com/podcast.
If you have a question or would like to propose a topic, we would love to hear from you at podcast@mcglinchey.com.
Ohio legalized adult-use cannabis on November 7th, 2023, but the future of the market is uncertain, and things are changing quickly. In this episode, Daniel Shortt and David Waxman discuss why we should expect the unexpected on the road to legalization of adult-use marijuana in Ohio.
The Pregnant Workers Fairness Act took effect on June 27, 2023. What are employers' obligations under this new federal law? In this episode, Labor and Employment attorneys Courtney Joiner and Melissa Losch answer basic questions that may arise as employers learn how to navigate this new law and explain the EEOC’s proposed regulations.
In late August, the U.S. Department of Health and Human Services announced that it would recommend moving marijuana from Schedule I to Schedule III of the Controlled Substances Act. In this episode, corporate cannabis attorney Daniel Shortt moderates a discussion with tax attorney Douglas Charnas and financial services regulatory attorney Aaron Kouhoupt about what impacts rescheduling could have – or not – on state legal, medical, and adult-use marijuana programs, especially when it comes to taxes and banking.
In the second episode of our two-part series, “Agency Rulemaking,” McGlinchey attorneys Michael Blumenthal, Douglas Charnas, and David Waxman will delve into the Paperwork Reduction Act (PRA), Regulatory Flexibility Act (RFA), the Office of Information and Regulatory Affairs (OIRA), and the importance of participating in the rulemaking process. They will review rulemaking comment options for businesses, including when and what type of comments should be made.
The next item in McGlinchey's Deep Dive into Payments Series is a podcast on money transmission by attorneys Jeff Barringer, Amy Greenwood-Field, and Aaron Kouhoupt. Their discussion centers around the impacts of money transmission laws on those in the payments space who find themselves in the flow of funds or providing any payment services to third parties. They delve into the Model Money Transmission Modernization Act, FinCEN regulation exemptions, and options for startup businesses.
In the first episode of our two-part series, “Demystifying Agency Rulemaking,” McGlinchey attorneys Michael Blumenthal, Douglas Charnas, and David Waxman will delve into the history and evolution of the Administrative Procedures Act (APA) and its enforcement, including a review of cases involving the major question doctrine and the Chevron doctrine.
Summertime means clerkships in law firms. In this episode, a number of McGlinchey associates who participated in our clerkship program offer sage advice for law students considering or participating in summer associate programs. Chair of our Summer Associate Committee Zelma Murray Frederick leads a discussion with these associates to help law students find their way, minimize anxiety, and realize a useful and productive summer experience.
In today’s digital economy, exactly how are musicians, songwriters, and other music industry players paid? And what impact will emerging technologies have on those payment streams? In this episode, Hillel Frankel hosts a panel discussion about the current status of music licensing with guests Chris Allen from Stem Distribution and Nathan Osher of the Mechanical Licensing Collective.
In the final episode of our three-part series, "Exploring Issues in Cannabis and Bankruptcy," McGlinchey's Cannabis Group Co-Chair, Heidi Urness, along with colleagues Timothy Byrd and Rudy Cerone, will delve into the implications of the recent decisions in Blumsack and Hacienda for creditors in the cannabis industry. Additionally, they will examine the rights available to lenders and marijuana financiers within the context of bankruptcy.
In the second installment in a three-part series exploring issues in cannabis and bankruptcy, McGlinchey attorneys Heidi Urness, Timothy Byrd, and Rudy Cerone dive into the bankruptcy protections available to businesses, including a case in which the Bankruptcy Court rejected a categorical prohibition for all debtors with any connection to marijuana.
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