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
1:2012cv20520
Filed in Florida Southern District Court
Type of Suit: Consumer Credit
Plaintiff v. Defendant
Cause Of Action: Truth in LendingDean et al v. Draughons Junior College, Inc. et al
3:2012cv00157
Filed in Tennessee Middle District Court
Type of Suit: Other Statutory Actions
Plaintiff: Elizabeth Dean, Amber Gilcrist, Melanie Hickman, Latricia McGee, Mark Parker and other. Defendant: Draughons Junior College, Inc., Daymar Holdings, Inc., Daymar Properties of Clarksville, LLC, Daymar Properties of Murfreesboro, LLC, Daymar Properties of Nashville, LLC and other.
Judge: Aleta A. Trauger
Cause Of Action: Fed. QuestionBorzakovskaia et al v. Scottrade, Inc. et al
4:2012cv00214
Filed in Missouri Eastern District Court
Type of Suit: Securities/Commodities/Exchanges
Plaintiff: Irina Borzakovskaia, Shamin Rabbani and Kamran Khan. Defendant: Scottrade, Inc., Rodger Riney, Bruce Roger, Phyllis Anne Hartrich and Diana Fox and other.
Judge: Mary Ann L. Medler
Cause Of Action: - Petition for Removal: Securities FraudPlaintiff v. Defendant
5:2012cv00128
Filed in Texas Western District Court
Type of Suit: Consumer Credit
Plaintiff v. Defendant
Judge: Orlando L. Garcia
Cause Of Action: Fair Debt Collection ActPlaintiff v. Defendant
1:2012cv00307
Filed in Ohio Northern District Court
Type of Suit: Consumer Credit
Plaintiff v. Defendant
Judge: James S. Gwin
Cause Of Action: Fair Credit Reporting Act
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
Credit Card Clarity: CARD Act Reform Works
Joshua M. Frank Center for Responsible Lending Date Posted: February 09, 2012 Working Paper Series 2 downloads Fictional Commodities in Asset Bubbles â Was Polanyi Right All Along? Sydney Law School Research Paper No. 12/09 Mark Findlay University of Sydney - Faculty of Law Date Posted: February 09, 2012 Accepted Paper Series 2 downloads Credit Derivatives, Leverage, and Financial Regulationâs Missing Macroeconomic Dimension Berkeley Business Law Journal, Vol. 8, 2011 Erik F. Gerding University of Colorado Law School Date Posted: February 08, 2012 Accepted Paper Series 2 downloads Initial 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 9 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 21 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 09, 2012D & 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 21 downloads The Neoliberal Model for Transition in Ex-Command Economies and the Assimilating Role of Modern Corporate Governance Warwick School of Law Research Paper No. 2012/03 Lorraine E. Talbot University of Warwick - School of Law Date Posted: February 06, 2012 Working Paper Series 3 downloads Investors Beware: Assessing Shareholder Derivative Litigation in India and China University of Pennsylvania Journal of International Law, Vol. 33, No. 1, pp. 173-237, 2011, Saint Louis U. Legal Studies Research Paper No. 2011 - 33 Ann M. Scarlett Saint Louis University - School of Law Date Posted: February 05, 2012 Accepted Paper Series 3 downloads Why Delaware LLCs? Franklin A. Gevurtz University of the Pacific - McGeorge School of Law Date Posted: February 05, 2012 Working Paper Series 5 downloads Initial 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 9 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 21 downloads Examining the Tax Advantage of Founders' Stock Iowa Law Review, Forthcoming Brant J. Hellwig University of South Carolina - School of Law Date Posted: February 02, 2012 Working Paper Series 88 downloads Joint Ventures and Partnership Tadas Klimas affiliation not provided to SSRN Date Posted: February 02, 2012 Working Paper Series 1 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 09, 2012Fear of Commitment: Why the Delaware Supreme Courtâs Decision in CA, Inc. v. ...
Fordham Law Review, Vol. 80, 2012 Zachary N. Lupu Fordham University - School of Law Date Posted: February 01, 2012 Accepted Paper Series Re: Defining Securitization Southern California Law Review, 2012, Univ. of Wisconsin Legal Studies Research Paper Jonathan C. Lipson University of Wisconsin Law School Date Posted: February 01, 2012 Accepted Paper Series 27 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 Working Paper Series 30 downloads American Entrepreneur in China: Potholes and Roadblocks on the Silk Road to Prosperity Wake Forest Journal of Business and Intellectual Property Law, Vol. 12, 2012 Lawrence J. Trautman affiliation not provided to SSRN Date Posted: January 31, 2012 Last Revised: February 08, 2012Index Funds and Securities Fraud Litigation
Richard A. Booth Villanova University School of Law Date Posted: February 01, 2012 Working Paper Series 4 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 Working Paper Series 30 downloads American Entrepreneur in China: Potholes and Roadblocks on the Silk Road to Prosperity Wake Forest Journal of Business and Intellectual Property Law, Vol. 12, 2012 Lawrence J. Trautman affiliation not provided to SSRN Date Posted: January 31, 2012 Last Revised: February 08, 2012Changing Audit Risk Characteristics in the Public Client Market
Research in Accounting Regulation, Vol. 23, No. 2, 2011 Cory A. Cassell and Gary A. Giroux University of Arkansas and Texas A&M University (TAMU) - Department of Accounting Date Posted: January 03, 2012 Accepted Paper Series The DoddâFrank Wall Street Reform and Consumer Protection Act Will Require a Change in Regulatory Culture and Mindset to Be Effective Melbourne Univeristy Law Review, Vol. 35, No. 2, 2011, UNSW Law Research Paper No. 2011-52 Gill North and Ross P. Buckley affiliation not provided to SSRN and University of New South Wales (UNSW) - Faculty of Law Date Posted: December 24, 2011 Last Revised: February 07, 2012
