Banking and Finance Law Commons^™

Summary Of Munoz V. Branch Banking & Trust Co., 131 Nev. Adv. Op. No. 23 (Apr. 30, 2015), Michael S. Valiente

Nevada Supreme Court Summaries

NRS 40.459(1)(c)’s limitation on the amount of deficiency judgment that a successor can recover conflicts with the federal Financial Institutions Reform, Recovery and Enforcement Act’s (“FIRREA”) purpose of facilitating the transfer of assets of failed banks to other institutions. Because NRS 40.459(1)(c) limits the value a successor can recover on a deficiency judgment, its application to assets transferred by the Federal Deposit Insurance Corporation (“FDIC”) frustrates FIRREA’s purpose. Therefore, NRS 40.459(1)(c) is preempted by FIRREA to the extent that NRS 40.459(1)(c) limits deficiency judgment that may be obtained from loans transferred by the FDIC.

Summary Of Branch Banking & Trust V. Windhaven & Tollway, Llc, 131 Nev. Adv. Op. 20 (Apr. 30, 2015), Joseph Meissner

Nevada Supreme Court Summaries

The Court determined the proper interpretation of NRS 40.455(1), and applied it in a claim for a deficiency judgment following an out-of-state nonjudicial foreclosure. NRS 40.455(1) “does not require an out-of-state trustee’s sale to comply with NRS 107.080, nor does it preclude a deficiency judgment in Nevada when a nonjudicial foreclosure sale is conducted pursuant to the laws of another state.”

From The Fuggers To Justice Ginsburg, Nathan B. Oman

Popular Media

No abstract provided.

The Emperor’S New Clothes: How The Judicial System And The Housing-Mortgage Market Have Turned A Blind Eye To The Destruction Of The Negotiability Of Mortgage Promissory Notes, Roy D. Oppenheim, Jacquelyn K. Trask-Rahn

William & Mary Business Law Review

This Article examines the common notions of negotiable instruments as they relate to the modern day promissory note in the context of residential mortgage lending. The Article further addresses the destruction of the negotiability of such promissory notes through various undertakings added for the benefit of the banking industry, often to the detriment of a borrower. The use of negotiable instruments commenced in the 1800s in England as a way of ensuring a fluid market between trades as there was no fiat currency system in place. The fundamental purpose behind the concept of negotiability was subsequently abrogated by the modernization …

Lending Discrimination, The Foreclosure Crisis And The Perpetuation Of Racial And Ethnic Disparities In Homeownership In The U.S., Aleatra P. Williams

William & Mary Business Law Review

For decades the agencies charged with minding the ‘fair credit and lending’ shop turned a blind eye to those (lenders) who pilfered minority homeownership (and consequently minority wealth) by extending mortgage lending products that were, in many cases, unequal to similarly situated non-minority counterparts. Since the 1950s, when the federal government endorsed homeownership policies for minorities, and the 1960s, when antidiscriminatory D9lending laws were enacted, access to fair mortgage credit has been unattainable. Unbridled lending discrimination culminated in massive foreclosures for a disproportionate number of minority homeowners during the Housing and Foreclosure Crisis. Lenders disparately foreclosed upon upper class, middle …

The Post-2008 Lending Environment And The Need For Raising The Credit Union Member Business Lending Cap, Thomas Zells

William & Mary Business Law Review

While the economy has gradually begun to improve following the 2008 Financial Crisis, “Main Street” has not played a large role in the recovery. This is atypical of most recoveries, and particularly disturbing because of the disproportionate number of jobs traditionally created by small businesses. Credit unions, but for the current statutorily imposed cap on their business lending authority, could substantially aid Main Street’s recovery. The cap currently restricts a credit union’s member business lending to 12.25 percent of its total assets and chills their ability to engage in business lending or to even invest in developing business lending programs …

Hold The Champagne On Ge Capital's Breakup, Mehrsa Baradaran

Popular Media

General Electric announced last week plans to sell off the bulk of its financing arm, GE Capital. Some have claimed that this move is a win for regulators trying to curb "too big to fail" conglomerates and suggested it's a sign that financial reform is working. I'm not so sure. I think it just means that the conglomerates left standing are now even more homogeneous and risk-prone.

Current Legal Matters Affecting Central Banks, Robert C. Effros

Georgia Journal of International & Comparative Law

No abstract provided.

Crowdfunding Human Capital Contracts, Max Vogel

Cardozo Law Review

No abstract provided.

Keeping Up With The Joneses: A Model Systemic Risk Reporting Regime For The Canadian Hedge Fund Industry, Andrew Mcgarva

Dalhousie Law Journal

The purpose of this paper is to suggest a regulatory model by which Canadian securities regulators may monitor the systemic risk contributed to by the Canadian hedge fundindustry The bases for this modelare recent regulatory reform initiatives adopted in the U.S. and Europe. There, securities regulators have adopted Form PF and AIFMD, respectively, to monitor the systemic risk contributed to by hedge funds. However, the features of those regimes are not necessarily appropriate for the Canadian industry. The appropriateness ofthe features of Form PFandAIFMD for the Canadian hedge fund industry is evaluated on two criteria: the average industry fund size, …

The Other Side Of The Coin: The Fec's Move To Approve Crytocurrency's Use And Deny Its Viability, Juliya Ziskina

Washington Journal of Law, Technology & Arts

This Article examines the implications of the Federal Election Committee’s May 2014 advisory opinion on cryptocurrency’s viability within campaign finance regulation, and U.S. financial regulation more generally. Although the Commissioners sharply disagreed on whether Bitcoin is a cash or in-kind contribution, they voted unanimously to allow political committees to accept Bitcoin donations. Moreover, all the Commissioners agreed that Bitcoin donors must disclose their names, addresses, and occupations. While many view this decision as pushing Bitcoin and cryptocurrency further toward legitimacy, in actuality it undermines one of cryptocurrency’s distinct functionalities: pseudonymity. Paradoxically, while it approves the use of Bitcoin in campaign …

Scouting For Approval: Lessons On Medical Device Regulation In An Era Of Crowdfunding From Scanadu’S “Scout”, Colleen Smith

Student Award Winning Papers

This Article will argue that medical device companies should be able to utilize crowdfunding to raise the necessary capital to develop a product. However, because of the risks medical devices pose, any solution that allows medical device companies to employ crowdfunding should ensure the continuing commitment to consumer safety that is at the core of FDA regulation. This Article uses the Scanadu Scout as an example and a staring point for evaluating the use of crowdfunding in the medical device industry. This Article explains how and why Scanadu broke the law when it moved the Scout, an “adulterated or misbranded” …

Chinese Companies And U.S. Class Actions: Securities Litigation And Product Liability, Geoffrey Sant, Charles M. Yablon, Stephen A. Radin, Kayvan Sadeghi, Christopher A. Seeger, Richard H. Silberberg

Cardozo Journal of International and Comparative Law

The symposium examines the challenges Chinese companies face when navigating U.S. class actions and corporate governance rules, emphasizing the importance of understanding jurisdictional complexities, cultural differences, and legal strategies to mitigate risks. It highlights how Chinese companies must adapt to U.S. legal standards to compete globally while addressing enforcement difficulties and settlement dynamics. The analysis underscores the need for transparency, internal controls, and strategic legal counsel to manage these challenges effectively.

The Dean Rusk Award 1983-1984: The Export Trading Company Act Of 1982: Theory And Application, Mark Grambergs

Georgia Journal of International & Comparative Law

No abstract provided.

Sources Of Export Financing, Thomas Graham

Georgia Journal of International & Comparative Law

No abstract provided.

Foreign Debt - Act Of State Doctrine - Unilateral Deferral Of Obligations By Debtor Nations Is Inconsistent With United States Law And Policy: Allied Bank International V. Banco Credito Agricola De Cartago, Marc J. Lewyn

Georgia Journal of International & Comparative Law

No abstract provided.

Plaintiffs Carry Heavy Burden In Terror Suits Against Banks, Jimmy Gurulé

Journal Articles

Plaintiffs have a heavy burden to prove that the provision of routine financial services to suspected terrorists violated the ATA. While plaintiffs clearly met their burden in the Arab Bank case, that case did not involve the provision of routine banking services. Further, in the Palestinian Authority case several of the individuals who committed the terrorist attacks worked for the authority and were monetarily rewarded for their acts of terrorism.

Plaintiffs' lawyers in pending bank cases filed under the ATA therefore should be hesitant to read too much into the Arab Bank and Palestinian Authority verdicts.

The Financial Stability Oversight Council (Fsoc): It's Not All About The Designation, Hilary Allen

Scholarly Articles in Law Reviews & Journals

The recession that followed the financial crisis of 2007-2008 illustrated just how important financial stability is: when the financial system fails, it results in credit contractions that can cause seismic problems for the economy at large. Because financial institutions lack the incentives, information and tools to reduce the amount of risk in the financial system as a whole, the vital task of overseeing and regulating for financial stability must necessarily be carried out by a public body.

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

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.

Paying For Risk: Bankers, Compensation, And Competition, Simone M. Sepe, Charles K. Whitehead

Cornell Law Review

Efforts to control bank risk address the wrong problem in the wrong way. They presume that the financial crisis was caused by CEOs who failed to super­vise risk-taking employees. The responses focus on exe­cutive pay, believing that exe­cu­tives will bring non-execu­tives into line—using incen­­­­tives to manage risk-taking—once their own pay is regu­lated. What they over­look is the effect on non-executive pay of the com­pe­­ti­­tion for talent. Even if exe­­cu­tive pay is regu­lated, and exe­cu­tives act in the bank’s best interests, they will still be trapped into providing incentives that encourage risk-taking by non-executives due to the negative exter­nality that arises …

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 …

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.

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 …

Rethinking Virtual Currency Regulation In The Bitcoin Age, Kevin V. Tu, Michael W. Meredith

Washington Law Review

This Article investigates an increasingly important yet under-developed body of law: regulation of virtual currency. At its peak in March of 2014, the daily volume of Bitcoin transactions in United States dollars exceeded $575,000,000. The growing mainstream acceptance of Bitcoin, however, is best illustrated by the growing number of leading merchants that have decided to accept Bitcoin payments. While Bitcoin’s rise as an alternative payment method is well-chronicled, Bitcoin’s impact extends further due to its use as an investment vehicle and its ability to spur the growth of an industry of Bitcoin-based businesses. Despite increasingly widespread use, Bitcoin (and other …

Restructuring A Sovereign Bond Pari Passu Work-Around: Can Holdout Creditors Ever Have Equal Treatment?, Natalie A. Turchi

Fordham Law Review

    The rise of vulture fund investing in sovereign bonds has created additional hurdles to successful restructuring in an already fragile ad hoc process. Recent litigation in NML Capital, Ltd. v. Argentina has proven courts’ willingness to utilize powers of equity to enforce a ratable payment interpretation of the pari passu clause—the equal treatment provision commonly found in sovereign bond contracts—creating much uncertainty on how the ruling will affect future restructuring efforts. By looking to the tension in interpretations of the pari passu clause, discrepancies in remedial relief awarded, and international institutions’ proposed solutions, this Note analyzes the role of the …

Front Matter, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.

Contents, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.

Foreword, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.

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.