Banking and Finance Law Commons^™

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.

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 …

Thanks, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.

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 …

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 …

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.