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4 Jun, 2007 9:02 am by Richard Alderman
by Richard Alderman The First Circuit has held, in Metabank v. Ayotte, that a state cannot regulate the terms of stored value, or gifts cards, issued by a bank and sold by a third party retailer. This decision ... OCC has determined that the issuance and sale of electronic stored value systems, such as giftcards, is an activity incidental to the business of banking." Therefore, the question was whether the New Hampshire CPA frustrates the exercise of that power. The court concluded that it did, and, ...
Consumer Law & Policy Blog - http://pubcit.typepad.com/clpblog/
17 Sep 2:34 pm by Richard A. Rogan
... is that the other party knew or should have known that the transaction would likely be "harmful" to the elder. The result is that our bank clients are being sued by their older customers and their families to recover the collateral that was pledged to secure a loan ... real estate troubled loans. For more information, please contact Dick Rogan at rrogan@jmbm.com, or (415) 398-8080. Richard A. Rogan is Chair of the JMBM Special Assets Team. He also serves as the co-managing partner of JMBM's San ...
Special Assets Lawyer Blog - http://www.specialassetslawyer.com/
17 Jul 11:21 am by Richard Alderman
by Richard Alderman I just finished teaching a course on American Consumer Law at Latrobe University in Australia. Part of the fun of teaching in another country is comparing consumer issues. One common problem is unreasonably high bank and ... fee to establish that the fee was reasonable. It is expected that the law will have the effect of substantially lowering fees for every type of bank account, credit card, personal loan or mortgage, which have been a large profit center for banks. Looks like ...
Consumer Law & Policy Blog - http://pubcit.typepad.com/clpblog/
9 Nov 9:28 am by Richard A. Rogan
... discovery, has come to California's court system. Given our litigious society, there is a good chance that your bank or financial institution will soon be responding to requests for e-discovery. Litigation is never the process of choice, but as all workout ... real estate troubled loans. For more information, please contact Dick Rogan at RRogan@JMBM.com, or (415) 398-8080. Richard A. Rogan is Chair of the JMBM Special Assets Team. He also serves as the co-managing partner of JMBM's San Francisco ...
Special Assets Lawyer Blog - http://www.specialassetslawyer.com/
11 Nov 7:00 am by Richard A. Rogan
... transitional age. We know that in addition to the credit file and the legal file, bank officers often keep desk files, save e-mails in electronic folders, ... seen it. Give us a call. ________________________________ Our Perspective. JMBM represents commercial banks, special servicers, private lenders, asset-based lenders, hard money lenders ... information, please contact Dick Rogan at RRogan@JMBM.com, or (415) 398-8080. Richard A. Rogan is Chair of the JMBM Special Assets Team. He also serves as the co ...
Special Assets Lawyer Blog - http://www.specialassetslawyer.com/
12 Nov 7:03 am by Richard A. Rogan
... , credit write-ups and variances. We know what the records mean once they are uncovered, and how to work with the right people in the bank to fine-tune the message for presentation to the court. Stan Gibson's final segment outlines creation of a standard Electronic ... and real estate troubled loans. For more information, please contact Dick Rogan at RRogan@JMBM.com, or (415) 398-8080. Richard A. Rogan is Chair of the JMBM Special Assets Team. He also serves as the co-managing partner of JMBM's San ...
Special Assets Lawyer Blog - http://www.specialassetslawyer.com/
3 Jun 4:02 pm by Banking LawProf
Yesterday, I attended a luncheon meeting for West Texas bankers hosted by Dallas Reserve Bank President Richard Fisher. He reported that Texas banks are healthier as a group than are banks in many other parts of the country because, he...
Banking Law Prof Blog - http://lawprofessors.typepad.com/banking/
17 Aug 8:31 am by Richard Alderman
... as a victory for consumers, which it is. It also is another example of why consumer arbitration must be prohibited. Bank of America's decision demonstrates the real problem with consumer arbitration-it is completely controlled by the business. ... two parties to a contract to waive the right to sue and substitute a binding decision of an arbitrator. The conduct of Bank of America in unilaterally terminating the arbitration agreement it had entered into with its customers shows the true "voluntary" ...
Consumer Law & Policy Blog - http://pubcit.typepad.com/clpblog/
10 Nov 7:01 am by Richard A. Rogan
... loans you have, chances are, we've seen it. Give us a call. ________________________________ Our Perspective. JMBM represents commercial banks, special servicers, private lenders, asset-based lenders, hard money lenders and factors. We help lender clients ... and real estate troubled loans. For more information, please contact Dick Rogan at RRogan@JMBM.com, or (415) 398-8080. Richard A. Rogan is Chair of the JMBM Special Assets Team. He also serves as the co-managing partner of JMBM's San Francisco ...
Special Assets Lawyer Blog - http://www.specialassetslawyer.com/
3 Aug 11:08 pm by Richard
The story is told of a bank robber who once stood before a tough, hanging judge for sentencing. The judge announced, "I sentence you to serve 70 years in prison." The bank robber said, "But judge, I don't think I can make 70 years." And the judge replied, "Well, just make it the best you can!"
White Collar Crime in Georgia - http://whitecollarcrimeingeorgia.blogspot.com/
12 Oct 5:38 pm by Banking LawProf
Ohio Attorney General Richard Cordray has filed suit against Bank of America in NY District Court on behalf of pension funds in Ohio, Texas, Sweden, and the Netherlands. The alleged basis for the lawsuit is BofA's failure to disclose bonuses...
Banking Law Prof Blog - http://lawprofessors.typepad.com/banking/
9 Feb 7:13 am by Richard Binder
... District of California. The answers say the firm should be excused from its obligations under the WARN Act because they were impossible to fulfill. And because the firm had been seeking capital to keep in business, informing employees would have jeopardized attempts to secure a loan. Steve Blum, who represents plaintiffs in the federal class action, said it's a "copout" to blame the banks. The partners should have ponied up the money for the employees, he said. Read the full article here.
The National Law Journal's L.A. Legal Pad - http://www.lalegalpad.com/
26 Mar 11:03 am by Richard Painter, guest-blogging
Thanks to MarkField for pointing out my error - the Bank's charter did not expire in 1808, although I believe 1811 not 1812 is the correct year and I have inserted...
The Volokh Conspiracy - http://volokh.com/
5 Oct 2:23 am by Richard Oppenheim
In Santa Monica, California, consumers have filed a complaint with the Los Angeles Superior Court requesting that the courts stop DIRECTV from pulling early cancellation penalty fees out of bank accounts or charging them to credit cards without the consumer's knowledge. Fees up of to $480 are being withdrawn from customer accounts without their permission, the injunction claims. Consumer accounts have been overdrawn by the action, while others have experienced bounced checks and over the limit ...
California Business Litigation Blog - http://www.californiabusinesslitigation.com/
11 Mar, 2007 8:01 pm by Kevin Funnell
... is across the country, because they can always move in." Both newspapers quote Colorado Banking Commissioner Richard Fulkerson, whose department approved the use of the name "First Horizon" in Colorado. He did not believe ... court, regardless of the effect on the perception of your institution in the local marketplace. This might be one of those disputes where a bank with a strong case might think about who it would rather pay its money to, a litigator or a (marginal) competitor, especially when ...
Bank Lawyer's Blog - http://www.banklawyersblog.com/3_bank_lawyers/
26 Aug 5:01 am by Kim Krawiec
... for close to 150 bank failures for 2009. See the chart at right, courtesy of Calculated Risk. (Click on any chart to enlarge.) Richard Bove, a prominent banking analyst, predicts that "perhaps another 150 to 200 banks will fail," on top of ... of bank failures is causing some strain to the FDICs deposit insurance fund and to the financial system as a whole. From Reuters: Richard Bove of Rochdale Securities said this will likely force the FDIC, which insures deposits, to turn increasingly to non-U. ...
The Faculty Lounge - http://www.thefacultylounge.org/
23 Sep, 2008 2:39 pm
... ; Manges, K&L Gates and Katten Muchin Rosenman. With Lehman Brothers filing for bankruptcy and Merrill Lynch being swallowed by Bank of America, there's likely to be more lawyers in the field looking for safe jobs in what has become a volatile industry ... market are key reasons that the Bear Stearns lawyers were attractive to law firms, Distell said. Venable's Richard echoed that sentiment, saying her connections to departing Bear Stearns professionals who may now set up their own funds was an ...
Legal Village - http://www.legalweekblogs.com/legalvillage/
25 Jan 1:20 am
... trying to get money out of the country" scam, right? Tell that to Houston attorney Richard Howell, Jr., a 23-year legal veteran and partner in the firm of Buckley ... money to Citibank. This all takes place the same day the check is deposited, but banking regulations date back to a time when the checks had to be physically transported around the country ... 000 back from Citibank, who gets is back from attorney. Did you do the math? The bank told the attorney the funds had cleared after just ten days, but ...
Aaron Morris' Business Law Alert - http://www.businesslawalert.com/
19 May, 2007 8:16 am by Anupam Chander
... of Theodore Roosevelt and Woodrow Wilson. Two years earlier, Zoellick was one of the signatories (along with Donald Rumsfeld, Paul Wolfowitz, Richard Perle, Elliott Abrams, Zalmay Khalilzad, John R. Bolton, Richard Armitage, William Kristol ... of Central Intelligence's National Security Advisory Panel. He also served as a member of the Panel of Arbitrators of the World Bank's International Centre for the Settlement of Investment Disputes. Before rejoining the government, Mr. Kimmitt was Chairman of ...
Anupam Chander Blog - http://www.chander.com/
23 Mar 5:13 pm
Richard Bernstein, the Chief Investment Strategist of Bank of America Securities-Merrill Lynch has some pretty eye-catching advice. He urges investors to take profits from today's 12-point rally in the ... the government tries to speed up that inevitable process. However, to the contrary, the government continues to attempt to stymie that inevitable consolidation." Since 2007, Bank of America has acquired Countrywide, Merrill Lynch, ABN AMRO North America, and La Salle Bank. Apparently, it might ...
Dissenting Justice - http://dissentingjustice.blogspot.com/
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