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Banking Law Prof Blog

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Last Entry: March 31, 2011 at 14:13:05

Fed Makes Money in '09 -- Subject to Future Losses (or gains)

Posted on January 12, 2010
The New York Times reports today that the Federal Reserve managed the bailouts, the money supply, and interest rates, in a very difficult year for the U.S. economy and still came out ahead on earnings. In fact, the Fed had...

More Ways to Recoup Bailout Money

Posted on January 12, 2010
Bloomberg reports today that the Obama administrative has suggested that it may recoup up to $120 Billion of TARP expenditures through a tax on the largest banks. No details and lots of concern about how to implement such a proposal...

A New Wrinkle in Executive Compensation: Give 'em big bucks but require charitable contributions

Posted on January 11, 2010
Under criticism for large executive bonuses, Goldman Sachs' solution is to give the bonuses anyway but to require top executives to donate a percentage of their earnings to charity. Link to story: http://www.nytimes.com/2010/01/11/business/economy/11goldman...

Financial Crisis Inquiry Commission - First Hearing

Posted on January 08, 2010
The Financial Crisis Inquiry Commission (FCIC), a ten-member commission appointed by Congress to investigate the causes of the financial crisis, has scheduled its first hearing for January 13 & 14. Link to story: http://www.mondaq.com/unitedstates/article...

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Bank Examiners Are Checking for Compliance with New RESPA Requirements

Posted on January 08, 2010
FDIC has instructed its examiners and advised its banks that compliance with the new RESPA requirements is mandatory as of January 1, 2010. Key changes include: New Good Faith Estimate (GFE) form New Uniform Settlement Statement (HUD-1) New requirment for...

Financial Regulatory Reform in 2010 - It's Up to the Senate

Posted on January 07, 2010
Later this month, financial regulatory reform will again be on the Congressional agenda, this time in the Senate. It won't be an easy task. Key issues: Will the FDIC keep bank supervisory authority over state-chartered banks? Which agency or agencies...

FDIC's New Approach to Curbing Executive Compensation

Posted on January 07, 2010
FDIC is considering charging certain banks more through risk-based deposit insurance assessments if the banks' executive compensation structure is excessive. This proposal may come to a vote for FDIC's Board of Directors next week. Link to Story: http://online...

Back in the U.S.A

Posted on January 07, 2010
Teaching Corporate Finance for the month of December at International Black Sea University in Tblisi, Georgia, was a great experience!

Will the Bailouts Cost Less Than We Thought?

Posted on December 07, 2009
A recent Treasury Report concludes that the final loss figure for the $370 Billion it has lent to failing companies could be only $42 Billion (compared with Treasury's summer estimate of $341 Billion in potential losses from TARP. The summer...

Teaching Corporate Finance in the Country of Georgia

Posted on December 07, 2009
I am teaching a three-week course in Corporate Finance at International Black Sea University in Tblisi, Georgia. It's a great experience, but I have had a few technical difficulties. I'll continue to try to post from here. I will be...

Bankruptcy and Free Speech for Attorneys

Posted on December 02, 2009
Does the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 contain an unconstitutional provision that would prohibit an attorney from telling a client that he or she can legally incur additional debt (for example to pay for emergency medical...

Banks Should Address Compliance With Newly Effective Federal Regulations

Posted on November 24, 2009
Thanks to Shannon Phillips at Independent Bankers Association of Texas (IBAT) for a great listing of a host of new and revised federal regulations affecting banks, including: RESPA: New FAQs for substantive changes effective Jan. 1, 2010 Overdraft Services: Final...

Banking Law Prof Quoted in NY Times.com

Posted on November 23, 2009
Banking Law Professor Ann Graham, editor of the Banking Law Prof Blog, has previously analyzed federal preemption in the financial institutions arena and the opinion delivered by the U.S. Supreme Court in Cuomo v. Clearing House Association. See Archived Posts:...

Interesting Timing for BofA to Fire Its GC Last December

Posted on November 20, 2009
Coincidence? You be the judge. Bank of America's General Counsel Tmothy Mayopoulos was summarily dismissed "just one day after he learned of bigger than expected at Merrill [Lynch, which was acquired by BofA, which allegedly failed to disclose to BofA...

Fireworks Between Geithner and Representative Brady

Posted on November 19, 2009
In today's Joint House and Senate Economic Committee hearing, Republican Representative from Texas Kevin Brady asked Treasury Secretary Timothy Geithner to resign. Geithner responded in the negative, pointing out that President Obama inherited an economy "falling off the cliff...

Geithner Tells Banks They Should Lend More To Small Businesses

Posted on November 18, 2009
Bloomberg's Rebecca Christie has an article today discussing Treasury Secretary Timothy Geithner's perspective that bank's are "obligated" to extend more loans to small businesses. The point is that if the economy is to recover, small businesses must have access to...

Determining Who Gets A Bailout

Posted on November 17, 2009
Thanks to my Banking Law students for this insight into which financial entities receive government assistance and which do not: Link: http://www.ebaumsworld.com/video/watch/80617042/ (ag) Nov. 17, 2009, in Economy

Government Overpaid for AIG Bailout

Posted on November 16, 2009
Special Inspector General for the Troubled Asset Program (SIGTARP) Neil Barovsky has issued a report concluding that negotiations conducted by then-New York Federal Reserve Bank President Timothy Geithner were "bungled." The amount of bailout funds to AIG increased from $85...

CFPA in the Dodd Version of Financial Reform

Posted on November 13, 2009
A New York Times analysis of the regulatory reform measure introduced by Senator Chris Dodd concludes that it gives new energy to the likelihood of an independent Consumer Financial Protection Agency. Of course, a committee markup, controversial Senate vote, and...

Veteran's Day Salute

Posted on November 11, 2009
Link to Gettysburg Address: http://www.youtube.com/watch?v=V4bM9geY0do

Report on SCAP Institutions Needing More Capital

Posted on November 11, 2009
Last Spring, 19 financial holding companies were required to undergo "stress testing" in the Supervisory Capital Assessment Program (SCAP). Ten were determine to need more capital. The Federal Reserve now says that nine of those have met increased capital targets...

International Banking Conference in India

Posted on November 04, 2009
Professor Ann Graham will be one of the featured speakers at an international banking law conference on "The Bankrecht -- Emerging Trends in Banking Law." Her presentation addresses the problem of "Too Big to Fail." The conference is sponsored by...

Commenting on Cuomo

Posted on November 04, 2009
A post from Charles Carreon, Attorney, in Tucson, AZ: "No federal agency should be allowed to market a charter as a get-away-with-it-free card providing immunity from state consumer protection laws." Well-said! The unity of banking and the federal government is...

Support for the CFPA

Posted on November 03, 2009
More than 80 law professors support the proposed new Consumer Financial Protection Agency. Financial industry trade associations oppose it. Will Congress have the backbone to pass this consumer legislation? Link to Editorial: http://www.huffingtonpost...

CFPA Bill Moves Forward

Posted on November 02, 2009
Here's what CSBS says about the progress of a bill to create a new Consumer Financial Protection Agency: "The House Energy and Commerce Committee on Thursday passed legislation (H.R. 3126) to create the new Consumer Financial Protection Agency, which was...

Black Tuesday - Oct. 29, 2009

Posted on October 31, 2009
For an informative comparison to today's crisis, see this clip of PBS documentary discussing the 1929 Stock Market Crash on Black Tuesday, Oct. 29, 2009 . . . "The Wall Street economy disconnected from the real economy": Link: http://www.youtube.com/watch?v=RJpLMvgUXe8 (ag)...

An Opinion About Giving the Fed Too Much Power

Posted on October 29, 2009
In today's Forbes.com commentary, there's an interesting letter from Jagadeesh Gokhale, currently a Senior Fellow at the Cato Institute and formerly a Senior Economic Advisor at the Federal Reserve Bank of Cleveland. Here's part of his message: "In light of...

Will the Bailouts Never End?

Posted on October 28, 2009
Bloomberg news reports that GMAC may get a third bailout. They've already received two government bailouts totaling $13.5 billion, and are currently negotiating with the Treasury Department for a possible third capital injection of $2.8 billion to $5...

Bernanke Talks About the Role of the Fed After the Crisis

Posted on October 27, 2009
Federal Reserve Board Chairman Ben Bernanke is already looking ahead to the end of the financial crisis and what the role of the Federal Reserve should be then. He spoke at the Federal Reserve Bank of Boston's 54th Economic Conference,...

CFPA Bill Out of Committee - Preemption Provisions

Posted on October 25, 2009
The House Financial Services Committee concluded its markup of H.R. 3126 which will create a new Consumer Financial Protection Agency (CFPA). The favorable committee vote was 39-29, A summary of the preemption provisions of the bill follows: Subtitle D ?...

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