Table of Contents

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Table of Contents

Executive Committee: Message from the Chair……………………………………………………………..4

BLN Editorial Board: Message from the Issue Editors………………………………………………………6

The Consumer Financial Protection Bureau’s Enforcement Activities:
2014 Year In Review…………………………………………………………………………………………………..7
By Jennifer A. Duncan and Alicia H. Tortarolo
This article provides an overview of the Consumer Financial Protection Bureau’s (CFPB’s) 2014 enforcement actions in various consumer financial services markets.

Regulate or Be Regulated: The Impact of Landmark Groundwater
Legislation on Local Agencies………………………………………………………………………………….14
By Kenneth J. Price and Lauren D. Layne
This article highlights key elements of and deadlines set by the Sustainable Groundwater Management Act. It also explores how landowners and existing and new public agencies, along with their legal counsel, are going to have to adapt to increased state oversight.

MCLE Article: The Rules of Professional Conduct DO Apply to In-House Lawyers……..18
By Neil J. Wertlieb and Adam S. Bloom
Many attorneys who work in-house are unaware of the extent to which their activities remain subject to the California Rules of Professional Conduct. This article advises that in-house attorneys—even those who are not members of the California bar—are subject to the CRPC, and explains the application of the CRPC to several situations in which in-house counsel may easily find themselves.—And, you can get MCLE credit by taking the on-line exam at the link provided at the end of the article!

ORAP Liens and Bankruptcy Law: Protecting the Interests of Judgment Creditors With Secret Liens…………………………………………………………………………………………………….26
By Michael Gomez
This article discusses the "ORAP" lien that attaches to all of a judgment debtor’s nonexempt property upon service of an order to appear for examination, and explains how, in a bankruptcy case, the lien can work to the advantage of the creditor to whose benefit it runs.

Test Your Knowledge: Recent Developments in Insolvency Law………………………………..30
By Paul J. Pascuzzi and Thomas Phinney
This article tests significant recent developments in the area of insolvency law. The authors survey ten leading cases and developments, provide a summary of the facts and issues in each case, and then ask you to choose the answer(s) that reflect(s) the holding of the court. MCLE credit is available for this article, as well.

Stay No More: The CFPB’s Proposed Amendments To Servicing Rules Undermine The Clarity Of The Automatic Stay……………………………………………………………………………41
By Brian Burke Farrell
This article describes pending changes to rules governing both oral and written communications with borrowers by mortgage servicers in the context of a borrower’s bankruptcy filing. The author explains how the new rules compare both to existing law and to existing bankruptcy case law, and result in uncertainty regarding communications with bankrupt consumer mortgage borrowers.

Sharing Economy: An Interview with California Insurance Commissioner Dave Jones … 44
By Armand Feliciano
Current chair of the State Bar Insurance Committee Armand Feliciano conducts a question-and-answer session with California Insurance Commissioner Dave Jones about the sharing economy (exemplified by Uber, Lyft, Airbnb, and Airpnp, among others), how it is affected by existing insurance law and available insurance products, and how the issues that it raises have been, are being, and can be, addressed by stakeholders.