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Banking Law

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Commentary on Banking Law

Post Frequency: 10.2/day

Last Entry: March 30, 2011 at 23:38:00

Stressed Out

Posted on June 03, 2009
A couple of weeks ago, FinCri Advisors warned that as a result of the stress tests administered to the nation's top 19 banks, community banks should batten down the hatches, stock plenty of ammo, concertina wire, bottled water, and condoms...

Fisking a TALF Ralfer

Posted on June 02, 2009
Last month, Elizabeth Warren, Harvard law professor and head of the Congressional Oversight Panel (COP) that looks over the shoulder of the Treasury Department on its various bailout programs, was busy undermining the Treasury's PPIP. According to Housing Wire's Linda...

The Glass Is Half Empty

Posted on June 01, 2009
FinCri Advisor advises us that the recent federal district judge's dismissal of a lawsuit brought by the city of Cleveland against banks and investment banks (which we discussed last week) is no cause for celebration by the defendants. In the...

How To Win Friends

Posted on May 31, 2009
My most recent post last Thursday evening (no longer online) hyperlinked to, and quoted from, a story in National Mortgage News. The next day, while traveling without access to my e-mail, I received an e-mail from some jerk who claimed...

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Lock 'Em Up & Throw Away The Key

Posted on May 28, 2009
Texas, the state that leads the nation in the number of executions each year and also the state that appears to lock up a disturbing number of innocent men, now appears to be shooting for the status of the number...

Cleveland Reeks: Part Deux

Posted on May 27, 2009
Last January, when I referred to the city of Cleveland, Ohio as a "steaming heap of bat guano," I misspoke. The pile isn't "steaming," it's merely smoking. It's the mayor of Cleveland, Frank Jackson, who's steaming, most recently over a...

Pushing Papaer To No Purpose

Posted on May 26, 2009
Housing Wire today ran a story that discloses additional evidence that the federal government's push to modify loans as a means to keep borrowers in their homes and, eventually, stop the downward spiral of housing prices, is working as well...

Pushing Paper To No Purpose

So You Thought Being A Bank Director Was An Honor?

Posted on May 25, 2009
For the past year or so, Georgia has been a hot bed of failed banks. According to an "unnamed source" within the FDIC, it's about to become the bulls-eye of FDIC target practice that seeks to score big returns to...

It's All About Leverage

Posted on May 21, 2009
The problems that many smaller (and even some bigger) banks have in obtaining meaningful protection in contracts with third-party technology service providers is one near to my heart. The Tech Law Guy, Tom Hall, put up a post yesterday that...

Dodd, Payday Lending, and Credit Card "Deadbeats"

Posted on May 20, 2009
Chris Dodd received kudos from consumer advocates for pushing the recent credit card reform bill through the Senate. After taking his bows, though, he must have heard the plaintive cry of his empty wallet, a cry that soon turned to...

More Stress In Store For Community Banks

Posted on May 19, 2009
FinCriAdvisor claims that's what's good for the Big 19 will be great for the rest of the pack, or at least that's what they claim the federal banking regulators think. Banks nationwide should brace for a perfect storm of harsher...

Are State AGs Getting Ready To Dogpile Subprime Securitizers?

Posted on May 18, 2009
A recent piece of litigation (an investigation actually, but it would likely have ripened into litigation) that settled last week seems to me to be indicative of what suits may come. A the settlement agreement entered into by Goldman Sachs...

Geithner's Growing Nose and Flammable Pants

Posted on May 17, 2009
It's telling that so many observers are reacting with increasingly unbridled cynicism to every word that comes out of the mouth of Pinochio Tim Geithner. Last week's guffaw-inducer was the statement that the CPP investments that are paid back by...

Shameless Shilling

Posted on May 14, 2009
I?m giving a one-hour webinar on May 28, 2009 from 12 pm to 1 pm Eastern Time on the legal risks to banks of using social media. It?s entitled ?Banks and Social Media: De-risking the Legal Risk? and is hosted...

Get On With It

Posted on May 13, 2009
Private enterprise keeps trying to make a free market system work and the federal government continues to thwart such efforts through the operation of the law of life that states that if the road to hell is paved with good...

Elizabeth Warren: Back Stabbing PPIP

Posted on May 12, 2009
When I stated last month that I got a kick out of Elizabeth Warren, the Harvard professor who's head of the Congressional Oversight Panel that oversees the Treasury Department's bailout programs, I should have qualified that by adding "up to...

The "Ideal/Idol" Supreme Court Justice

Posted on May 11, 2009
Two Lawyers in a Pod[cast] consider who should replace Justice Souter on the U.S. Supreme Court when he retires after the end of the current term, and offer up a candidate that at first glance might not seem quite as...

Equity Derivatives: A Book Review

Posted on May 10, 2009
In the five years I've been inflicting this blog upon an unwilling world, I've been asked a number of times to review books. Each time, I've refused, for a variety of reasons, most of them having to do with time,...

Watch What You Tweet

Posted on May 07, 2009
Corporate "Tweeters" are a new breed of marketer. Sometimes, being cutting edge is double-edged. A recent Wall Street Journal article demonstrates how being tech-savvy doesn't mean that you're necessarily compliance-savvy. An eBay Inc. effort to broaden communication through the popular...

Safe Harbor = Trial Lawyers' Relief Act

Posted on May 06, 2009
The Senate passed S 896 today which, among other things, would protect loan servicers from lawsuits by investors if the servicers modify or refinance loans to borrowers under one of the thus-far unsuccessful federal loan modification loan programs, such as...

Feds Make TARP Fly Paper Stickier

Posted on May 05, 2009
Late this afternoon, The Wall Street Journal reported that one of the conditions that the federal government will place on banks that have taken a TARP CPP investment and who want to repay the investment will be to prove that...

As Always, It's Who You Know, Not What You Know

Posted on May 04, 2009
FinCri Advisor released a study today that reveals either an amazing coincidence or further proof that the awarding of TARP CPP money is a process subject to the same influence-peddling as just about any other federal government program that doles...

Dick Durbin Derailed--Again

Posted on May 03, 2009
Depending on which side of the political spectrum you inhabit, last week's destruction of Senator Dick Durbin's amendment to allow bankruptcy judges to cram down the value of residential real estate loans to the fair market value of the collateral...

An Infinite Number of Monkeys

Posted on April 30, 2009
The Nanny State of Ohio won't quit until loan sharks make a big comeback, the kind of comeback that might lead Tony Sprano to come out of retirement. Last month, we noted that the attempt of the Ohio legislature in...

Total Recall

Posted on April 29, 2009
I was going to post about something to do with banks and/or law and/or lawyers tonight, but following hard on the heels of President Obama's press conference this evening was the following brief announcement by the US Treasury Department that...

The Devil's Advocates and a Leap of Faith

Posted on April 28, 2009
In what may be great examples of Supreme Court Justices playing head games with advocates, in today's oral arguments over the OCC preemption case we discussed yeasterday, Justice Ginsburg seemed to question the OCC's position and Chief Justice Roberts seemed...

National Bank Preemption: The Never-Ending Battle

Posted on April 27, 2009
As the contestants gear up for tomorrow's Supreme Court arguments in the latest round of the OCC versus the states on the federal preemption of state law as it applies to national banks, the trade press is abuzz with speculation...

Social Media Marketing Legal Risk: The Bark Is Worse Than The Bite

Posted on April 26, 2009
I spent a good portion of last Thursday in Las Vegas among bank marketing professionals and, as hard as it might be for some readers to believe, I found the experience refreshing. Perhaps because of what they do, but more...

A Short Break

Posted on April 21, 2009
I'm on a combined business/vacation trip for the rest of the week. I'm speaking in Las Vegas on Thursday morning to a group of bank marketing professionals about the legal risks of banks using social media to market their wares....

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