Banking & Finance Law
Overview
In the United States, banking and finance law applies to those individuals and institutions that lend or borrow money. Lenders typically include banks, leasing companies, finance companies and other financial institutions. Borrowers are individuals, corporations, institutions or the government. Because financial transactions touch a broad range of business activities, issues in banking and finance law often intersect with complex business, corporate and real estate law. Significant areas of banking and finance law also include bank regulation, loans, acquisition finance, real estate finance and international banking transactions.
Featured Cases
Smith v. Federal Reserve Bank of Atlanta
1:2008cv00154
Filed in Georgia Northern District Court
Type of Suit: Other Fraud
Plaintiff: Charmane Smith Defendant: Federal Reserve Bank of Atlanta
Cause Of Action: Diversity-FraudDatatreasury Corporation v. Wells Fargo & Company et al
2:2006cv00072
Filed in Texas Eastern District Court
Type of Suit: Patent
Plaintiff: Datatreasury Corporation; Defendant: Wells Fargo & Company, Wells Fargo Bank, National Association, Bank of America Corporation, Bank of America, National Association, U.S. Bancorp and others...Counter Claimant: First Citizens Bank & Trust Company, Compass Bancshares, Inc., . Compass Bank, First Horizon National Corporation and others...
Judge: David Folsom
Cause Of Action: Patent InfringementDatatreasury Corporation v. Small Value Payments Company
2:2004cv00085
Filed in Texas Eastern District Court
Type of Suit: Patent
Plaintiff: Datatreasury Corporation; Defendant: Small Value Payments CompanyCounter Claimant: Small Value Payments Company, Counter Defendant: Datatreasury Corporation
Cause Of Action: Patent InfringementDatatreasury Corporation v. City National Corporation et al
2:2006cv00165
Filed in Texas Eastern District Court
Type of Suit: Patent
Plaintiff: Datatreasury Corporation; Defendant: City National Corporation, City National Bank
Judge: David Folsom
Cause Of Action: Patent InfringementDATATREASURY CORPORATION v. MAGTEK, INC.
1:2006mc00075
Filed in North Carolina Middle District Court
Type of Suit: Other
Plaintiff: DATATREASURY CORPORATION; Defendant: MAGTEK, INC.Movant: CREATIVE PAYMENT SOLUTIONS, INC.
Judge: UNASSIGNED
Dockets
Plaintiff v. Defendant
1:2012cv01151
Filed in Illinois Northern District Court
Type of Suit: Consumer Credit
Plaintiff v. Defendant
Judge: Honorable Robert W. Gettleman
Cause Of Action: Truth in LendingCharles Aneke, et al v. American Express Travel Relat, et al
12-7011
Filed in D.C. Circuit Court of Appeals
Type of Suit: Banks and Banking
Plaintiff - Appellant: Charles Aneke, On his own behalf, on behalf of all those similarly situated, Rebecca Fasten, on their own behalf, on behalf of all those similarly situated, Christopher Addison and Tolu Tolu. Defendant - Appellee: American Express Travel Related Services Company, Inc., A New York Corporation, American Express Centurion Bank, A Utah Corporation, American Express Bank, FSB, A Utah Corporation and American Express Company.Plaintiff v. Defendant
3:2012cv00055
Filed in Texas Western District Court
Type of Suit: Consumer Credit
Plaintiff v. Defendant
Judge: David Briones
Cause Of Action: Diversity-Petition for RemovalPlaintiff v. Defendant
4:2012cv00289
Filed in Missouri Eastern District Court
Type of Suit: Consumer Credit
Plaintiff v. Defendant
Cause Of Action: Fair Debt Collection ActDirecTV LLC v. Reed et al
2:2012cv00444
Filed in South Carolina District Court
Type of Suit: Cable/Satellite TV
Plaintiff: DirecTV LLC. Defendant: Teresa Kay Reed, Kirsten H Lamb, Glenda Laroche and Good Times Bar & Grill Inc.
Judge: Richard M Gergel
Cause Of Action: Unauthorized Reception of Cable Service
Legislation
Bill Signed by President: H.R.1424 Emergency Economic Stabilization Act of 2008
To amend section 712 of the Employee Retirement Income Security Act of 1974, section 2705 of the Public Health Service Act, and section 9812 of the Internal Revenue Code of 1986 to require equity in the provision of mental health and substance-related disorder benefits under group health plans.
October 02, 2008: Signed by President.Bill Introduced: S.3677 Financial Crimes Accountability Act of 2008
A bill to establish a Special Joint Task Force on Financial Crimes.Bill Introduced: H.R.6853 Nationwide Mortgage Fraud Task Force Act of 2008
To establish in the Federal Bureau of Investigation the Nationwide Mortgage Fraud Task Force to address mortgage fraud in the United States, and for other purposes.Bill Introduced: S.3445 Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2008
An original bill to impose sanctions with respect to Iran, to provide for the divestment of assets in Iran by State and local governments and other entities, to identify locations of concern with respect to transshipment, reexportation, or diversion of certain sensitive items to Iran, and for other purposes.Bill Introduced: S.3372 Saver's Bonus Act of 2007
A bill to promote savings by providing a match for eligible taxpayers who contribute to savings products and to facilitate taxpayers receiving this match and open a bank account when they file their Federal income tax returns.
Regulations
Proposed Rule - Exemptions For Security-Based Swaps Issued By Certain Clearing Agencies
Securities and Exchange Commission
Proposed Rule
Exemptions For Security-Based Swaps Issued By Certain Clearing Agencies
,
34920-34935 [2011-14717]
SECURITIES AND EXCHANGE COMMISSION 17 CFR Parts 230, 240 and 260 [Release Nos. 33-9222; 34-64639; 39-2474; File No. S7-22-11] RIN 3235-AL16 Exemptions for Security-Based Swaps Issued by Certain Clearing Agencies AGENCY: Securities and Exchange Commission. ACTION: Proposed rules. SUMMARY: We are proposing exemptions under the Securities Act of 1933, the Securities Exchange Act of 1934, and the Trust Indenture Act of 1939 for security-based swaps issued by certain clearing agencies satisfying... [read document]
View Document | Download PDFRule - Beneficial Ownership Reporting Requirements and Security-Based Swaps
Securities and Exchange Commission
Rule
Beneficial Ownership Reporting Requirements and Security-Based Swaps
,
34579-34590 [2011-14572]
SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 240 [Release No. 34-64628; File No. S7-10-11] RIN 3235-AK98 Beneficial Ownership Reporting Requirements and Security-Based Swaps AGENCY: Securities and Exchange Commission. ACTION: Final rule; confirmation. SUMMARY: We are readopting without change the relevant portions of Rules 13d-3 and 16a-1. Readoption of these provisions will preserve the application of our existing beneficial ownership rules to persons who purchase or sell security-based... [read document]
View Document | Download PDFRule - Whistleblower Provisions of the Securities Exchange Act
Securities and Exchange Commission
Rule
Whistleblower Provisions of the Securities Exchange Act
,
34300-34384 [2011-13382]
Vol. 76 Monday, No. 113 June 13, 2011 Part II Securities and Exchange Commission 17 CFR Parts 240 and 249 Securities Whistleblower Incentives and Protections; Final Rule Federal Register / Vol. 76 , No. 113 / Monday, June 13, 2011 / Rules and Regulations SECURITIES AND EXCHANGE COMMISSION 17 CFR Parts 240 and 249 [Release No. 34-64545; File No. S7-33-10] RIN 3235-AK78 Securities Whistleblower Incentives and Protections AGENCY: Securities and Exchange Commission (``Commission''). ACTION: Final... [read document]
View Document | Download PDFProposed Rule - Credit Risk Retention
Federal Deposit Insurance Corporation
Proposed Rule
Credit Risk Retention
,
34010-34011 [2011-14444]
DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Part 43 [Docket No. OCC-2011-0002] RIN 1557-AD40 FEDERAL RESERVE SYSTEM 12 CFR Part 244 [Docket No. 2011-1411] RIN 7100-AD 70 FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 373 RIN 3064-AD74 SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 246 [Release No. 34-64603; File No. S7-14-11] RIN 3235-AK96 FEDERAL HOUSING FINANCE AGENCY 12 CFR Part 1234 RIN 2590-AA43 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 267... [read document]
View Document | Download PDFProposed Rule - Credit Risk Retention
Federal Reserve System
Proposed Rule
Credit Risk Retention
,
34010-34011 [2011-14444]
DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Part 43 [Docket No. OCC-2011-0002] RIN 1557-AD40 FEDERAL RESERVE SYSTEM 12 CFR Part 244 [Docket No. 2011-1411] RIN 7100-AD 70 FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 373 RIN 3064-AD74 SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 246 [Release No. 34-64603; File No. S7-14-11] RIN 3235-AK96 FEDERAL HOUSING FINANCE AGENCY 12 CFR Part 1234 RIN 2590-AA43 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 267... [read document]
View Document | Download PDF
Articles
D & O Insurance: A Primer
American University Business Law Review, Vol. 1, 2012 Lawrence J. Trautman and Kara Altenbaumer-Price affiliation not provided to SSRN and affiliation not provided to SSRN Date Posted: February 06, 2012 Accepted Paper Series 136 downloads Ownership Concentration, Family Control, and Auditor Choice: Evidence from an Emerging Market Salim Darmadi Indonesian Capital Market and Financial Institution Supervisory Agency (Bapepam-LK) Date Posted: February 06, 2012 Working Paper Series 38 downloads Revisiting the Disciplinary Role of Failed Takeover Attempts Baixiao Liu Purdue University Date Posted: February 06, 2012 Working Paper Series 4 downloads Takeover Litigation in 2011 Matthew D. Cain and Steven M. Davidoff University of Notre Dame - Department of Finance and Ohio State University (OSU) - Michael E. Moritz College of Law Date Posted: February 06, 2012 Working Paper Series 58 downloads The March to Anti-Progressiveness: Neoliberalism and Transition Economies Warwick School of Law Research Paper No. 2012/03 Lorraine E. Talbot University of Warwick - School of Law Date Posted: February 06, 2012 Last Revised: February 17, 2012Legality and the Spread of Voluntary Investor Protection
Douglas Cumming , Gael ImadâEddine and Armin Schwienbacher York University - Schulich School of Business , University of Lille II - European Center for Corporate Control Studies and Univ. Lille Nord de France - SKEMA Business School Date Posted: January 24, 2012 Working Paper Series 10 downloads Product Intervention: A European Perspective Risques, crise financière et gouvernance: colloque transatlantique, Gaetane Schaeken Willemaers Research Centre for Social and Economic Law (CRIDES) of the University of Louvain (Belgium) Date Posted: January 24, 2012 Working Paper Series 11 downloads Benefit Corporations: State Statute Comparison Chart J. Haskell Murray Regent University School of Law Date Posted: January 23, 2012 Last Revised: February 14, 2012Reforming Sovereign Lending Practices: Modern Initiatives in Historical Context
UNC Legal Studies Research Paper Mark C. Weidemaier University of North Carolina (UNC) at Chapel Hill - School of Law Date Posted: February 02, 2012 Working Paper Series 18 downloads Repo Ve Ters Repo Düzenlemeleri: Banker Krizi Sonrası Ortaya ÃıkıÅı Ve Finansal BaÅarısızlık Dersleri IÅıÄında Politika Ãnerileri (Repo and Reverse Repo Regulations in Turkey: Emergence of Regulations after 1982 Banking Crisis and Policy Suggestions in the Light of Financial Failure Lessons) Business and Economics Research Journal, Vol. 3, No. 1, pp. 59-90, 2012 Yener Coskun Capital Markets Board of Turkey Date Posted: January 31, 2012 Accepted Paper Series 4 downloads Regulating Shadow Banking Steven L. Schwarcz Duke University - School of Law Date Posted: January 30, 2012 Working Paper Series 60 downloads What is Financial Regulation Trying to Achieve? Hayek Society Journal, Vol. 9, 2011 Riccardo de Caria Università degli Studi di Torino Date Posted: January 30, 2012 Accepted Paper Series 15 downloads Corporate Governance and the Risk-Regulation Game: A Game-Theoretic Analysis of Risk Regulation F.E. Guerra-Pujol Barry University - Dwayne O. Andreas School of Law Date Posted: January 29, 2012 Working Paper Series 32 downloads Political Economy of the US Financial Crisis 2007-2009 Financial Theory and Practice, Vol. 35, No. 1, pp. 91-128, 2011 Vuk Vukovic London School of Economics & Political Science (LSE) Date Posted: January 26, 2012 Accepted Paper Series 30 downloads Harmonising Basel III and the Dodd Frank Act Through International Accounting Standards â Reasons Why International Accounting Standards Should Serve as 'Thermostats' Marianne Ojo Oxford Brookes University - School of Social Sciences and Law Date Posted: January 25, 2012 Working Paper Series 20 downloads The Shadow Banking System and its Legal Origins Erik F. Gerding University of Colorado Law School Date Posted: January 25, 2012 Last Revised: February 13, 2012Initial Reflections on the Possible Application of Contingent Capital in Corporate Governance
Notre Dame Journal of Law, Ethics and Public Policy, Vol. 26, 2012, U of St. Thomas Legal Studies Research Paper No. 12-01 Wulf A. Kaal University of St. Thomas - School of Law (Minnesota) Date Posted: February 03, 2012 Accepted Paper Series 12 downloads What is Securitization? And for What Purpose? Southern California Law Review, Vol. 85, No. 5, 2012 Steven L. Schwarcz Duke University - School of Law Date Posted: February 03, 2012 Accepted Paper Series 36 downloads Enjoying the Quiet Life Under Deregulation? Evidence from Adjusted Lerner Indices for U.S. Banks Mays Business School Research Paper No. 2012-26 Michael Koetter , James W. Kolari and Laura Spierdijk University of Groningen - Department of Economics (Economie) , Texas A&M University (TAMU) - Department of Finance and University of Groningen Date Posted: February 02, 2012 Working Paper Series 4 downloads License to Deal: Mandatory Approval of Complex Financial Products Saule T. Omarova University of North Carolina at Chapel Hill School of Law Date Posted: February 02, 2012 Last Revised: February 13, 2012Index Funds and Securities Fraud Litigation
Richard A. Booth Villanova University School of Law Date Posted: February 01, 2012 Working Paper Series 5 downloads The Role of Aspiration in Corporate Fiduciary Duties Notre Dame Legal Studies Paper No. 12-51 Julian Velasco University of Notre Dame Date Posted: February 01, 2012 Last Revised: February 11, 2012
