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Full-Text Articles in Law
The Cfpb At Five Years: Beyond The Numbers, Kelly Thompson Cochran
The Cfpb At Five Years: Beyond The Numbers, Kelly Thompson Cochran
North Carolina Banking Institute
As the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) has passed its five-year anniversary, the Bureau has amassed an impressive set of numbers measuring some of its impacts on consumers and the financial services marketplace. Other accomplishments may get less attention, but have nonetheless created important infrastructure and partnerships to help leverage and magnify the agency’s effectiveness. This article briefly summarizes some of the ways in which the Bureau has evolved in its early years to better fulfill its mission and improve the functioning of consumer financial markets.
The Curious Case Of Madden V. Midland Funding And The Survival Of The Valid-When-Made Doctrine, Charles M. Horn, Melissa R.H. Hall
The Curious Case Of Madden V. Midland Funding And The Survival Of The Valid-When-Made Doctrine, Charles M. Horn, Melissa R.H. Hall
North Carolina Banking Institute
This article explores the facts and holdings of Madden and its short-term and longer-term legal and commercial implications. The authors conclude that Madden was wrongly decided due to a misplaced primary focus by the defendants on federal bank preemption principles, causing the Second Circuit to all but ignore the valid-when-made doctrine. Although Madden is having an adverse short-term impact, the authors believe that ultimately it will be properly limited in its scope and impact, will not be embraced across the board by other state or federal courts, and will not result in significant changes to the law and principles of …
The Consequences From Issuing Invalid Municipal Debt: Examining The Voidable Debt Issues In The Detroit Bankruptcy And Puerto Rican Debt Crisis, Joshua C. Showalter
The Consequences From Issuing Invalid Municipal Debt: Examining The Voidable Debt Issues In The Detroit Bankruptcy And Puerto Rican Debt Crisis, Joshua C. Showalter
North Carolina Banking Institute
No abstract provided.
Deference Debate And The Role Of Cost-Benefit Analysis In Financial Regulation: Metlife V. Financial Stability Oversight Council, Frederick Matthew Norchi
Deference Debate And The Role Of Cost-Benefit Analysis In Financial Regulation: Metlife V. Financial Stability Oversight Council, Frederick Matthew Norchi
North Carolina Banking Institute
No abstract provided.
The Consumer Financial Protection Bureau At Five: A Survey Of The Bureau's Activities, Donald C. Lampe, Ryan J. Richardson
The Consumer Financial Protection Bureau At Five: A Survey Of The Bureau's Activities, Donald C. Lampe, Ryan J. Richardson
North Carolina Banking Institute
This article surveys the Consumer Financial Protection Bureau's ("CFPB" or the "Bureau") activities over its first five years, with an emphasis on publicly available empirical data. Part II provides an overview of the CFPB’s creation and operations, including discussion of its structure and powers. Part III provides data and analysis on the CFPB’s activities across its three primary functional areas—rulemaking, supervision, and enforcement— for the five-year period from July 21, 2011, to July 21, 2016. Part IV summarizes major developments in the CFPB’s sixth year and the agency’s stated policy priorities through 2017. Finally, Part V concludes with a discussion …
Standing, Statutory Violations, And Concrete Injury In Federal Consumer Financial Protection Statutes After Spokeo, Inc. V. Robins, John H. Hykes Iii
Standing, Statutory Violations, And Concrete Injury In Federal Consumer Financial Protection Statutes After Spokeo, Inc. V. Robins, John H. Hykes Iii
North Carolina Banking Institute
No abstract provided.
"Fishing" For Trouble?: On The Appropriate Limits Of A Civil Investigative Demand Issues By The Cfpb, E. Sylvester Kisluk
"Fishing" For Trouble?: On The Appropriate Limits Of A Civil Investigative Demand Issues By The Cfpb, E. Sylvester Kisluk
North Carolina Banking Institute
No abstract provided.
Living Wills: How Legal Entity Rationalization Addresses The "Too Big To Fail" Problem, Monica M. Burks
Living Wills: How Legal Entity Rationalization Addresses The "Too Big To Fail" Problem, Monica M. Burks
North Carolina Banking Institute
No abstract provided.
The New York Department Of Financial Service's New Anti-Money Laundering Regulation: A Model For Improvement, Roy G. Dixon Iii
The New York Department Of Financial Service's New Anti-Money Laundering Regulation: A Model For Improvement, Roy G. Dixon Iii
North Carolina Banking Institute
No abstract provided.
The Wells Fargo Scandal And Efforts To Reform Incentive-Based Compensation In Financial Institutions, Justin H. Mims
The Wells Fargo Scandal And Efforts To Reform Incentive-Based Compensation In Financial Institutions, Justin H. Mims
North Carolina Banking Institute
No abstract provided.
A Review And Assessment Of The National Mortgage Settlement By Its Monitor, Joseph A. Smith Jr.
A Review And Assessment Of The National Mortgage Settlement By Its Monitor, Joseph A. Smith Jr.
North Carolina Banking Institute
Since April 2012, the author has served as Monitor of the consent judgments commonly known as the National Mortgage Settlement (the “Settlement”). The obligations of the mortgage servicer parties to the first five of such judgments were satisfied in March 2016. Three consent judgments under the Settlement’s structure remain in effect. Although the mortgage servicing settlement process is ongoing, completion of the first five consent judgments is an appropriate vantage point from which to review the Settlement and assess its impact and significance. This article provides such a review and assessment based on the author's work as the Settlement’s Monitor.
The North Carolina State Tax Treatment Of Virtual Currency: An Unanswered Question, Kelly J. Winstead
The North Carolina State Tax Treatment Of Virtual Currency: An Unanswered Question, Kelly J. Winstead
North Carolina Banking Institute
No abstract provided.
Foreword, Brenna A. Sheffield, Lissa L. Broome
Foreword, Brenna A. Sheffield, Lissa L. Broome
North Carolina Banking Institute
No abstract provided.
Front Matter, North Carolina Banking Institute
Front Matter, North Carolina Banking Institute
North Carolina Banking Institute
No abstract provided.
In Memoriam: H. Gary Pannell 1937-2016, North Carolina Banking Institute
In Memoriam: H. Gary Pannell 1937-2016, North Carolina Banking Institute
North Carolina Banking Institute
No abstract provided.
Table Of Contents, North Carolina Banking Institute
Table Of Contents, North Carolina Banking Institute
North Carolina Banking Institute
No abstract provided.
Is Your Cyber Liability Insurance Any Good? A Guide For Banks To Evaluate Their Cyber Liability Insurance Coverage, Thomas H. Bentz Jr.
Is Your Cyber Liability Insurance Any Good? A Guide For Banks To Evaluate Their Cyber Liability Insurance Coverage, Thomas H. Bentz Jr.
North Carolina Banking Institute
Knowing what issues to consider when purchasing a cyber insurance policy is one of the most difficult challenges for banks. This article discuss the top five issues a bank should consider when looking for a strong cyber liability insurance policy.
Virtual Currencies: Growing Regulatory Framework And Challenges In The Emerging Fintech Ecosystem, V. Gerard Comizio
Virtual Currencies: Growing Regulatory Framework And Challenges In The Emerging Fintech Ecosystem, V. Gerard Comizio
North Carolina Banking Institute
This article discusses the background of virtual currency—primarily Bitcoin’s development and legal and regulatory complications, including the Silk Road and Mt. Gox prosecutions that have arisen in connection with virtual currency in business activities. Next, the article discusses major legal, enforcement, and regulatory initiatives that address challenges related to virtual currencies, both in the United States and in countries with major financial services industries. The article then discusses international legal and regulatory developments, surveying select jurisdictions with significant impacts on the global financial services industry. Finally, the article briefly concludes with some closing thoughts.
Smart Contracts: Legal Agreements For The Blockchain, Reggie O'Shields
Smart Contracts: Legal Agreements For The Blockchain, Reggie O'Shields
North Carolina Banking Institute
No abstract provided.
First Time For Everything: The Cfpb Enforces Data Security, Graham T. Dean
First Time For Everything: The Cfpb Enforces Data Security, Graham T. Dean
North Carolina Banking Institute
No abstract provided.
Using A Shotgun To Kill A Fly: Issues With The Cfpb's Payday Lending Proposal And The Need To Incentivize Banks To Enter The Marketplace, Ethan D. Trotz
Using A Shotgun To Kill A Fly: Issues With The Cfpb's Payday Lending Proposal And The Need To Incentivize Banks To Enter The Marketplace, Ethan D. Trotz
North Carolina Banking Institute
No abstract provided.
Nested Payment Intermediaries In The Ach Network: Risks And Responsibilties Of Odfis, Edward Mccartney
Nested Payment Intermediaries In The Ach Network: Risks And Responsibilties Of Odfis, Edward Mccartney
North Carolina Banking Institute
No abstract provided.
Defining And Verifying Accredited Investors: Effect Of Potential Sec Changes On North Carolina's Crowdfunding Statute, The Nc Paces Act, Harris M. Watkins
Defining And Verifying Accredited Investors: Effect Of Potential Sec Changes On North Carolina's Crowdfunding Statute, The Nc Paces Act, Harris M. Watkins
North Carolina Banking Institute
No abstract provided.