Westlaw Journals weekly round-up

July 24, 2013

Westlaw Journals Weekly RoundupThe new Westlaw Journals blog brings you litigation headlines in over 30 substantive areas of law. Here are some highlights from the past week:


Oregon sues Texas debt relief company over unregistered services: A Texas-based debt relief provider has been sued by the state of Oregon for allegedly charging resident customers excessive fees and claiming inaccurately that it had state-licensed attorneys on staff handling cases. Swift Rock Financial Inc., which conducts business through World Law Debt and other affiliate companies, allegedly took in more than $1.5 million from over 300 Oregon clients, but paid only slightly more than $275,000 to their creditors, keeping over $960,000 in fees, according to a complaint filed July 1 in the Multnomah County Circuit Court. (Bankruptcy)

BNY Mellon officers, directors knock down forex suit: Officers and directors of Bank of New York Mellon Corp. successfully defeated a consolidated shareholder derivative action alleging they were liable for fraud committed within the company’s foreign exchange currency business. U.S. District Judge Lewis A. Kaplan of the Southern District of New York held July 2 that the plaintiffs failed to make a demand on the board of directors to rectify alleged wrongdoing before filing suit. (Derivatives)

Fraud or free speech? Lance Armstrong, accusers disagree in court filings: Class-action plaintiffs who claim cyclist Lance Armstrong and his book publishers duped them into buying Armstrong’s memoirs are arguing that the defendants engaged in fraud and false advertising rather than constitutionally protected speech. The plaintiffs’ June 17 brief opposing Armstrong’s motion to dismiss says the U.S. Constitution does not shield the cyclist from liability for his bogus doping denials, which induced them to buy his books, because commercial lies do not count as free speech. (Entertainment Law)

Citibank recorded calls without customer consent, suit says: A California class action lawsuit alleges Citibank illegally recorded and intercepted telephone calls made by its customers to the bank’s checking, savings and certificate of deposit departments. The complaint, filed June 11 in the San Francisco County Superior Court, says Citibank violated California’s Invasion of Privacy Act, Cal. Penal Code § 630, by recording or monitoring conversations made with a cellular phone or cordless phone to Citibank without the caller’s consent. (Bank & Lender Liability)