July 2012
How to Avoid Class Action ATM Fee Lawsuits
Does the Business Judgment Rule Apply to Both Directors and Officers in California?

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How to Avoid Class Action ATM Fee Lawsuits

By Johanna Huntley

In the last couple of years banks and credit unions all over the country have been subjected to class action litigation for their failure to comply with the Automated Teller Machine (“ATM”) fee notice requirements. A number of class action attorneys are pairing up with local attorneys to find and pursue ATM operators that are not complying with the strict noticing requirements. Banks and credit unions can avoid potential liability by following the steps discussed below.

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Does the Business Judgment Rule Apply to Both Directors and Officers in California?

By Mark A. Gwin

Since 2008, more than 425 banks in the United States have failed. To date, the Federal Deposit Insurance Corporation (“FDIC”) has commenced twenty-seven (27) lawsuits against directors and officers of failed banks (and has authorized many more such suits), seeking to recover damages for the directors’ and officers’ alleged breaches of duty in managing the banks. Four such lawsuits have been filed in California.

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