Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 18 of 18
Full-Text Articles in Law
Bank Directors: Heightened Expectations And Blurred Lines In A Changing Regulatory Framework, A Conversation From The Clearing House Annual Conference (Moderators: Lissa L. Broome And Derek M. Bush), Michael S. Helfer, Jewell Hoover, Oliver Ireland, Martin Pfinsgraff
Bank Directors: Heightened Expectations And Blurred Lines In A Changing Regulatory Framework, A Conversation From The Clearing House Annual Conference (Moderators: Lissa L. Broome And Derek M. Bush), Michael S. Helfer, Jewell Hoover, Oliver Ireland, Martin Pfinsgraff
North Carolina Banking Institute
On November 21, 2014, the Center for Banking and Finance at the University of North Carolina School of Law hosted a dialogue on heightened expectations and blurred lines for bank directors in a changing regulatory environment at The Clearing House’s Annual Conference. Biographical information about the moderators and the panelists is set forth before the transcript of the dialogue begins.
Bank Directors Beware: Post-Crisis Bank Director Liability, Emily S. May
Bank Directors Beware: Post-Crisis Bank Director Liability, Emily S. May
North Carolina Banking Institute
This Note examines the most recent wave of personal liability for bank directors regarding decisions made in their official capacity, as well as the implications that this trend may have on bank directors and shareholders. Part II discusses FDIC claims against bank directors, including the FDIC claim process, the applicable law, and the standard of care in director liability cases. Part III details the trend prior to the 2008 financial crisis in bank director personal liability in enforcement actions. Part IV examines the post-2008 financial crisis trend in bank director personal liability in enforcement actions and details the characteristics of …
Altering The Deal: The Importance Of Gse Shareholder Litigation, Joseph W. Silva
Altering The Deal: The Importance Of Gse Shareholder Litigation, Joseph W. Silva
North Carolina Banking Institute
It is the overarching goal of this Note to provide a broad framework for understanding the issues at stake in current dividend sweep litigation against the Government. Specifically, this Note asserts that although Perry and similarly situated plaintiffs bringing APA-based actions rightfully question the Government’s reasoning in entering the Third Amendment, HERA’s anti-injunction provision presents what is likely an insurmountable jurisdiction problem for dividend sweep litigation plaintiffs. This Note proceeds in four parts. Part II provides a general background of the GSEs’ history, role in the secondary mortgage market, and path to conservatorship. Part III summarizes the arguments Perry and …
Rocky Mountain High: The Impact Of Federal Guidance To Banks On The Marijuana Industry, Tyler T. Buckner
Rocky Mountain High: The Impact Of Federal Guidance To Banks On The Marijuana Industry, Tyler T. Buckner
North Carolina Banking Institute
This Note considers the implications of these recent federal guidelines issued to financial institutions with respect to their freedom to do business with the state-sanctioned marijuana industry. It also discusses whether viable legal alternatives might be available to allow growth in the burgeoning marijuana markets while still remaining faithful to the federal government’s position regarding marijuana as a dangerous drug worthy of prohibition. This Note attempts to balance competing economic and governmental interests in an emerging industry that continues to evolve amid a tumultuous national landscape. This Note argues that current guidelines are excessively onerous for financial institutions and without …
Clarifying What Is “Clear”: Reconsidering Whistleblower Protections Under Dodd-Frank, Caroline E. Keen
Clarifying What Is “Clear”: Reconsidering Whistleblower Protections Under Dodd-Frank, Caroline E. Keen
North Carolina Banking Institute
This Note argues that the Fifth Circuit’s holding should be disregarded and the definition of a whistleblower should be expanded to include those who report potential securities laws violations internally, in addition to those who report directly to the SEC. This Note proceeds in four parts. Part II explains the differences between the anti- retaliation provisions of SOX and Dodd-Frank. Part III provides an overview of the approach taken by the Fifth Circuit in adopting a restrictive definition of whistleblower in Asadi. Part IV discusses how the majority of courts choose not to follow the Fifth Circuit after correctly applying …
The Consolidated Audit Trail: An Overreaction To The Danger Of Flash Crashes From High Frequency Trading, Hayden C. Holliman
The Consolidated Audit Trail: An Overreaction To The Danger Of Flash Crashes From High Frequency Trading, Hayden C. Holliman
North Carolina Banking Institute
This Note discusses High Frequency Trading ("HFT"), its potential dangers and effects, and the regulations attempting to control the dangers and effects. Additionally, the Note analyzes the Consolidated Audit Trail's ("CAT") goals, potential problems, and costs. Part II provides an overview of HFT, how it affects the market landscape, and its function and goals. Part III examines the causes and repercussions of the Flash Crash. Part IV analyzes SEC regulations concerning market control, how they function, why they are important to prevent extreme market volatility, and the effectiveness of each regulation. Part V examines the purpose and need for the …
The Three Legislative Components Necessary To Curb Corporate Tax Inversions, Sarah A. Wahl
The Three Legislative Components Necessary To Curb Corporate Tax Inversions, Sarah A. Wahl
North Carolina Banking Institute
This Note proceeds in four parts. Part II defines tax inversion, provides an overview of the recent regulations enacted by the Treasury, and discusses the role of major financial institutions in these transactions. Part III uses recent inversion deals to illustrate some responses to the recent regulation. Part IV uses President Obama’s 2015 budget proposal (the "Budget") and three recent legislative proposals to analyze the three major policies and explains why some are more effective than others. Lastly, Part V discusses how anti- inversion legislation impacts advisors and their clients and argues that ultimately, the United States should adopt a …
Cybersecurity: Recognizing The Risk And Protecting Against Attacks, Kristin Shields
Cybersecurity: Recognizing The Risk And Protecting Against Attacks, Kristin Shields
North Carolina Banking Institute
This Note proceeds in six parts. Part II details the mechanics behind cyberattacks. Part III identifies the effects of cyberattacks on financial institutions. Part IV discusses the legal liability of financial institutions following a cyberattack. Part V evaluates regulatory efforts to increase cybersecurity requirements and prevent cyberattacks. Part VI suggests solutions financial institutions may use to protect against cyberattacks. Finally, Part VII concludes by emphasizing the importance of financial institutions using the available guidance to make sure that their networks are sufficiently protected.
Maintaining Capital In The Secondary Mortgage Market: Housing Finance Reform And The Liquidity Coverage Ratio, Eric S. Anderson
Maintaining Capital In The Secondary Mortgage Market: Housing Finance Reform And The Liquidity Coverage Ratio, Eric S. Anderson
North Carolina Banking Institute
This Note argues that the recently adopted LCR rule must be accounted for in any housing finance reform bill passed by Congress, and may potentially require a rewrite of certain aspects of the rule in order to prevent serious harm to the primary and secondary mortgage markets, banks, and the U.S. economy. This Note focuses on the wisdom of excluding certain asset classes, namely private label mortgage-backed securities ("MBS") and collateralized mortgage obligations ("CMOs"), from the LCR rule’s definition of HQLA.
What Money Market Mutual Fund Reform Means For Banks And Money Market Deposit Accounts, Carlton B. Price Iv
What Money Market Mutual Fund Reform Means For Banks And Money Market Deposit Accounts, Carlton B. Price Iv
North Carolina Banking Institute
This Note considers the impact that the Reform will have on the financial products industry, and specifically, on banks that offer money market deposit accounts ("MMDA"), which are direct competitors of money market mutual funds ("MMMF"). Part II provides a background on MMMFs and the "breaking the buck" phenomenon. Part III addresses attempts to decrease the riskiness of MMMFs in the wake of the 2008 financial crisis and the "breaking of the buck" event in September 2008. Part IV details the requirements of the Reform and the issues discussed by commenters to the Proposed Rule. Part V analyzes the costs …
The Tour De Fraud: What Foreign Banks Can Learn From The Bnp Paribas Settlement, Jason A. Burner
The Tour De Fraud: What Foreign Banks Can Learn From The Bnp Paribas Settlement, Jason A. Burner
North Carolina Banking Institute
This Note proceeds in five parts. Part II provides a brief discussion of U.S. trade sanction law. Part III reviews three selected foreign bank settlements prior to BNPP’s settlement. Part IV outlines the BNPP case and the actions that lead to such a large sanction and settlement. Part V discusses BNPP’s lack of cooperation and compliance and how this affected the settlement. Part VI concludes by examining the implications of the sanction and the lessons that foreign banks can learn from BNPP’s actions.
Who’S Your Debt Collector Now? Extending Debt Collection Regulation To First-Party Lenders, Rebecca Plett
Who’S Your Debt Collector Now? Extending Debt Collection Regulation To First-Party Lenders, Rebecca Plett
North Carolina Banking Institute
This Note proceeds in five parts. Part II outlines the primary differences between third-party debt collectors and first-party lenders. Part III provides an overview of current regulations of third-party debt collectors and first-party lenders, specifically relating to "unfair, deceptive, and abusive [acts or] practices." Part IV explains the areas in which the ANPR suggests changes in regulation, particularly as those changes apply to first-party lenders. Part V discusses whether regulation of first-party lenders is statutorily feasible, or even necessary, and addresses some of the practical barriers to such regulation. Part VI concludes by arguing that, while additional regulation of first-party …
The Financial Institutions Reform, Recovery, And Enforcement Act Of 1989: The Effect Of The “Self-Affecting” Theory On Financial Institutions, Filmon M. Sexton
The Financial Institutions Reform, Recovery, And Enforcement Act Of 1989: The Effect Of The “Self-Affecting” Theory On Financial Institutions, Filmon M. Sexton
North Carolina Banking Institute
This Note addresses why the Self-Affecting Theory misinterprets § 1833a. This Note argues that in cases where the DOJ could bring, but is unwilling or unable to bring, criminal actions, a federally insured financial institution should not be held civilly liable under § 1833a for engaging in fraudulent conduct "affecting" that same institution. The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ("FIRREA") does not define what it means to "affect[] a federally insured financial institution." Congressional intent demonstrates that Congress enacted § 1833a in response to the pervasive insider abuse and fraud of the savings and loan crisis …
Front Matter, North Carolina Banking Institute
Front Matter, North Carolina Banking Institute
North Carolina Banking Institute
No abstract provided.
Foreword, North Carolina Banking Institute
Foreword, North Carolina Banking Institute
North Carolina Banking Institute
No abstract provided.
Contents, North Carolina Banking Institute
Contents, North Carolina Banking Institute
North Carolina Banking Institute
No abstract provided.
Thanks, North Carolina Banking Institute
Thanks, North Carolina Banking Institute
North Carolina Banking Institute
No abstract provided.
The Home Affordable Modification Program: The Federal Circuit Court Split Leaves Mortgagors’ Rights To Pursue State Law Claims Unclear, Christopher J. Disanto
The Home Affordable Modification Program: The Federal Circuit Court Split Leaves Mortgagors’ Rights To Pursue State Law Claims Unclear, Christopher J. Disanto
North Carolina Banking Institute
This Note proceeds in four parts. Part II explains why the Home Affordable Modification Program ("HAMP") was instituted and the process it sets forth for a mortgagor to obtain a permanent modification of a home mortgage. Part III discusses the different approaches federal circuit courts have taken in analyzing whether HAMP precludes state law claims. Part IV discusses why circuit courts allowing state law claims relating to HAMP set a better precedent for mortgagors seeking to enforce their servicer’s HAMP obligations. Part V concludes by discussing the ramifications of precluding state law claims and briefly recounts the claims that have …