May 21, 2015

Our Mini-Theme: Banking Law Across Borders

The Banking Law Committee is pleased to sponsor this issue of Business Law Today. The Committee prides itself on providing many programs and task force activities, including comment letters, on the latest developments in banking and financial services law practice that are a rich resource for our members and the banking law community. 

The three articles presented this month highlight the breadth and reach of the Committee – even across borders – in dealing with laws relating to banking and financial services activities conducted through banks and other regulated intermediary financial institutions. The articles include discussion of subjects such as regulation of foreign banks in the United States, cross-border lending to Canada, and investment or other mergers and acquisitions considerations in connection with banks or bank holding companies. 

I hope you will enjoy this introduction to the wide range of topics covered by the Committee and encourage you to attend our standalone Banking Law Committee Meeting, which will be held from January 7–9, 2016, in Washington, D.C. We will have an exciting lineup of CLE programs, including our always-popular “Agency General Counsels” panel featuring speakers from the federal bank regulatory agencies, and the “View from the Hill” panel on legislative developments in banking and financial services law. 

Past CLE materials can be found on our website and include the below programs from the 2015 Business Law Section Spring Meeting:

  • Around the World in 8 Seconds: The Legal Risks of International Money Transmission and Monetary Movements (PDF); (Audio)
  • Cyber Security: The Cold, Hard Reality of Protecting Financial Information (co-sponsored by the Cyberspace Law Committee) (PDF); (Audio)
  • The Goldilocks Problem: Re-Examining Prudential Regulation and Whether Too Much or Too Little is Just Right (PDF); (Audio)
  • Social Gaming & Virtual Currency, Their Growth, Status, and Potential (PDF); (Audio) (co-sponsored by the Gaming Law and Consumer Financial Services Committees) 

For an excellent overview to the multifaceted practice of banking law and how it has evolved (including in response to the Dodd-Frank Act), you should not miss The Keys to Banking Law: A Handbook for Lawyers, by Karol K. Sparks, a past chair of the Committee. 

The Banking Law Committee welcomes all new members, and has longstanding special traditions reflecting its history and collegiality. Please contact Amy Durant, chair of our New Members Subcommittee, at adurant@bodmanlaw.com if you would like to learn more about joining the Committee.

Additional Resources

For other materials on this topic, please refer to the following. 

Business Law Today 

What Banks Should Know About the Eighth Circuit’s Decision in Choice Escrow & Land Title, LLC v. BancorpSouth Bank (Article here)
By Lori A. Desjardins and Katie Hawkins
Posted: October 2014

Shadow Banking: The Growing Sector of Non-Bank Credit Activity (Article here)
By Daniel Meade, Laura Biddle, Hugh Merritt
Posted: October 2012 

ABA Web Store 

Mortgage Loan Servicing: A Litigator’s Perspective (Audio CD ROM)
Recording Date: May 20, 2015
Credit Hours: 1.5

Learn about mortgage loan servicing issues from the perspective of litigators. In Mortgage Loan Servicing: A Litigator’s Perspective, our panel will discuss:

• The ability of individual consumers to enforce contractual loss mitigation requirements in court.
• How to enforce non-contractual requirements, such as the new CFBP servicing rule, HAMP, and AG settlement requirements, through lawsuits.
• Legal claims and the availability of damages, through civil penalties, punitives, and actual damages in these cases. 

The Keys to Banking Law

The Keys to Banking Law provides you with a thorough history of banking law and will guide you through today's system of financial services and products. Banks are special entities, and lawyers representing banks need to understand their client's specific structure, importance of capital, and the new language that has formed.

The ABCs of the UCC: Articles 3 and 4, Third Edition

This is a wonderful introduction to negotiable instruments, checks, and more modern payment systems. The ABCs of the UCC: Articles 3 and 4, Third Edition covers developments such as the mortgage crisis, the transition of check collections from paper to digital images, the growth in the use of debit cards and stored value cards as payment devices, payments made over the Internet through non-bank intermediaries, and mobile payments.

The Law of Truth in Lending

The Law of Truth in Lending, provides comprehensive coverage of Truth in Lending (TIL) law, describing the current state of the law and its evolution over the past 40 years, with citations to current and historically significant authority. The book advises practitioners on the scope and explains the issues when considering matters of TIL compliance, disclosure, remediation, and enforcement.