April 27, 2017

Inside Business Law (April 2017)

This month’s “Inside Business Law” highlights the five most in-demand programs from the 2017 Business Law Section Spring Meeting held in New Orleans, Louisiana, April 6–8.

The 2017 Business Law Section Spring Meeting

Those who would like to enjoy Spring Meeting programing can access the written materials and audio recordings from more than 85 committee-sponsored CLE programs in the Program Materials Library now. Overviews of the five most in-demand CLE programs are presented below with links to program materials for each.

Too Much or Too Little? Is the CFPB Exercising its Enforcement Power Appropriately?

This program addresses issues regarding the CFPB’s approach to administrative enforcement, with a focus on whether its enforcement actions are sufficient or too great, and whether it is engaged in rulemaking through enforcement. Presented by Banking Law and Consumer Financial Services.

The State of Consumer Protection Initiatives and the Bank Examination Privilege

Federal and state financial services regulators uniquely coexist to examine and supervise financial institutions, establish compliance policy and rulemaking, and educate consumers. Despite ongoing debate, the prevalence of regulatory violations by prominent financial services providers underscores federal and state regulators’ mission to protect American consumers. The expert panel addresses significant, recent regulatory violations or observations, and discusses how those findings have informed their distinct compliance examination, enforcement, and educational initiatives. Additionally, the panel discusses recent evidentiary issues in the application of the bank examination privilege and subsequent effects on banking litigation and regulatory initiatives. Presented by Banking Law and Consumer Financial Services.

The CFPB at Six Years: Reflections on Jurisdiction, “Abusive,” and the Election’s Impact

The panel reviews the CFPB’s enforcement cases and supervision actions that drew jurisdictional challenges and industry scrutiny, including cases alleging “abusive” acts and practices. The panel includes some of the earliest CFPB employees, who also discuss President Trump’s approach to the CFPB and its regulations. Presented by Consumer Financial Services.

Blockchain Technology and Privacy

The panel explores the intersection of privacy and blockchain technology. The panel discusses ownership and control structures for blockchains, the interplay between user anonymity/pseudonymity and regulatory compliance and whether blockchain transparency imposes the limits on privacy for participants. Presented by Consumer Financial Services.

Charters, Partnerships, and Beyond: The Changing Landscape of FinTech Bank Licensing Strategy

This panel discusses the shifting landscape for FinTech companies choosing among licensing strategies. The discussion includes legal developments affecting viability and attractiveness of bank partnerships and charters. It also considers key factors driving the decision for different types of firms, including lending vs. payments, and consumer vs. small business customers. Presented by Banking Law and Consumer Financial Services.

Register for the 2017 Business Law Section Annual Meeting

Join the Business Law Section in Chicago on September 14–17 for the 2017 Section Annual Meeting. Register now to expand your network of business law professionals, experience over 70 CLE programs and attend committee meetings and events.

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BLS Trivia Answer: The correct answer is D. The article “There Is No Such Thing as Boilerplate: Issues in the Back of the Contract” examines the choice of law, choice-of-forum, merger, no oral modification, severability and restrictions on assignment “boilerplate” clauses found in many agreements.