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Banking Law Prof Blog Banking Law Prof Blog

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

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Bailout Repayments

Posted on January 04, 2011
At year end, the U.S. Treasury reports that six institutions repurchased Troubled Asset Relief Program (TARP) Capital Purchase Program (CPP) investments, returning a total of $626.0 million to the Treasury Department and ultimately to taxpayers. East West Bancorp (Pasadena, CA)...


Financial Stability Oversight Council - Not Such a Great Start?

Posted on January 02, 2011
The American Banker reports that the new Financial Stability Oversight Council has "many members, many more doubters." In a Dec. 30, 2010, article, reporter Cheyenne Hopkins calls the FSOC's first five months "underwhelming." (ag) Jan. 2, 2011, in Financial Regulatory...


Finding a New Balance Between Federal and State Financial Regulation After Dodd-Frank

Posted on January 02, 2011
As a proponent of the dual banking system, which allows states to play a substantial role in financial regulation, I am intrigued by another arena in which the states are gaining regulatory authority after Dodd-Frank: the regulation of investment advisors...


FDIC Hosts Forum on Small Business Lending

Posted on January 01, 2011
On January 13, 2011, FDIC will host a forum to explore ways to make credit more accessible to the small business sector. Speakers will include policy makers, regulators, small business owners, lenders and other stakeholders. The purpose is to identify...


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2010 Ends Well for the Stock Market -- But Can It Last?

Posted on January 01, 2011
Reuters calls it "BEST S&P DECEMBER SINCE 1991," noting that "Signs of an improving economy, tax breaks and loose monetary policy helped spur a near 20-percent rally in the S&P 500 since the end of August. The index rose 6.5...


A Bad Year for Bank Failures

Posted on December 28, 2010
More banks failed during 2010 than in any year since 1992, the height of the S&L crisis. Check out the story: http://www.washingtonpost.com/wp-dyn/content/article/2010/12/28/AR2010122803649.html?hpid=topnews (ag) Dec. 28, 2010, in Banking/Economy


Money Talks: How Financial "Reform" Catered to Wall Street

Posted on December 28, 2010
Today's Wall Street Journal has an interesting article entitled "Out of Lehman's Ashes Wall Street Gets Most of What It Wants." The story notes that the biggest U.S. banks may not have been so good at avoiding financial crisis, but...


Happy Holidays!

Posted on December 28, 2010
Best wishes to all for a New Year!


Federal Banking Agencies Expand CRA to Support Communities with High Foreclosure Rates

Posted on December 19, 2010
The Federal Bank Regulatory Agencies have announced changes to Community Reinvestment Act (CRA) regulations designed to support communities affected by high foreclosure levels.The final rule is substantially the same as the proposal published for comment on June 24, 2010...


Bank of America Sued Over Loan Modifications

Posted on December 18, 2010
Arizona and Nevada Attorneys General filed civil suits against Bank of America, "alleging that the lender is misleading and deceiving homeowners who have tried to modify mortgages in two of the nation's most foreclosure-damaged states." Arizona's Attorney General says that...


Arrests for Insider Trading

Posted on December 17, 2010
Several Advanced Micro Devices Inc. employees were arrested today as part of a nationwide investigation of illegal trading at hedge funds by Manhattan U.S. Attorney Preet Bharara, the FBI and the SEC. ?A corrupt network of insiders at some of...


Dodd-Frank, Systemic Risk, and Too Big to Fail

Posted on December 17, 2010
Commentators frequently ask whether Dodd-Frank has put an end to "Too Big to Fail." My answer is emphatically negative. In fact, by designating large institutions for special treatment, Dodd-Frank has simply identified TBTF institutions. On the other hand, viewing Dodd-Frank...


Fed Proposes Debit Card Interchange Fee Cap

Posted on December 17, 2010
Provisions of the Dodd-Frank Bill limiting debit card interchange fees will be implemented by Federal Reserve Board regulation. The Fed has requested comment on a proposed rule to set debit card interchange fee standards and prohibit network exclusivity arrangements and...


The Grinch and a Professor's View of "Turn in Your Grades"

Posted on December 15, 2010
Sound familiar? http://www.youtube.com/watch?v=fYFV3cv3wlU&feature=player_embedded


Now at Hamline University School of Law

Posted on December 15, 2010
Great career announcement: Effective Jan. 1, 2011, I will be joining Hamline University School of Law in St. Paul, MN, as tenured Professor of Law and Founding Director of their new Business Law Institute!


Interagency Proposed Rulemaking to Implement the Collins Amendment

Posted on December 14, 2010
Section 171 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 171 is more commonly known as the Collins Amendment. Section 171 provides that the capital requirements generally applicable to insured banks shall serve as a FLOOR for...


What Does S&P Say About the U.S. Banking Industry?

Posted on December 14, 2010
Standard & Poors has an interesting report out on the forecast for the U.S. banking industry as it copes both with the slow economy and with Dodd-Frank implementation. Here's the introduction: "With sluggish growth in lending, persistently high unemployment, an...


Poor State Finances Deepen Recessionary Hole

Posted on December 13, 2010
Dallas Federal Reserve Bank economist Jason Saving points out that, while California is the poster child for poor state finances and recessionary problems, even Texas, with a strong economy, struggles with poor management of state finances. According to his report:...


Forecast Not So Good For British Banks

Posted on December 13, 2010
Moody's Investors Service announced that it is "maintaining a negative outlook on the U.K. banking system due to the uncertain direction of the U.K. economy as well as declining support for the banking sector from the government." Link to story:...


How Wars End - A New Book

Posted on December 12, 2010
Here's my current book recommendation: Because the current wars have such a great economic impact on the U.S. and therefore on the global economy, it's important to review what happens when the shooting stops. How Wars End: Why We Always...


Should the regulators give banks time to earn their way out of trouble?

Posted on December 11, 2010
One of the key problems from the last financial institution crisis was "regulatory forebearance," unjustifed delays by regulators, especially the FHLBB and FHLIC. Many S&Ls stayed open long after they were insolvent, for many reasons including: their insurance fund itself...


Turkey's Top Banks to Move from Ankara to Istanbul

Posted on December 10, 2010
Today's Wall Street Journal ran a story announcing that Turkish Prime Minister Recep Tayyip Erdogan and his government will move Turkey's top public financial institutions from Ankara, the country's capital, to Istanbul. The move is designed to promote Istanbul as...


Spencer Bachus Is New Chair of House Financial Services Committee

Posted on December 10, 2010
Spencer Bachus (R-AL) fought off a challenge to become chairman of the House Financial Services Committee for the 112th Congress. His goals: Ending "too big to fail," preventing unlimited bailout of Fannie Mae and Freddie Mac, and "going title by...


New Types of Identity Theft Scams

Posted on December 08, 2010
Drawing on a report from the Identity Theft Assistance Center, American Banker reporter Jeremy Quittner reports on new types of fraud and security attacks to watch for: "Social engineering scams," in which criminals exploit fear to get people to provide...


Justice Department Goes After Financial Fraud

Posted on December 08, 2010
Attorney General Eric Holder, speaking for the Interagency Financial Fraud Enforcement Task Force, which includes the Justice Department, SEC, IRS, CFTC, and U.S. Postal Service, announced that a nationwide enforcement program targeting investment fraud had brought enforcement actions against 343...


Dodd-Frank and the Consumer Financial Protection Bureau

Posted on December 07, 2010
My powerpoint slides from today's presentation on Dodd-Frank and the CFPB: Download FRB of St. Louis at Little Rock -2010 (ag) Dec. 7, 2010,in Consumer Protection


A Discussion on Financial Regulatory Reform

Posted on December 06, 2010
Tomorrow, I will be speaking at a conference presented by the Federal Reserve Bank of St. Louis, in Little Rock, Arkansas. Here's the agenda: 11:30 a.m.-12:30 p.m. | Registration and Luncheon 12:30-12:45 p.m. | Welcome and Introductory Remarks Robert Hopkins,...


Developing Markets Insight: Turkey's Economy

Posted on December 06, 2010
Having spent time in Turkey this summer researching financial issues, I'm interested to see that Turkey's economy remains strong. There are some issues, however: low personal savings rate and rapidly widening current account deficit. Link to story: http://frontiermarkets...


Will the EU Water Down Basel III Capital Requirements?

Posted on December 05, 2010
A December 2, 2010, Bloomberg article suggests that the European Union "may alter proposed global bank liquidity and capital rules if they threaten the economic recovery in the region," according to Michel Barnier, the EU?s financial services chief. "Barnier is...


The State of the Credit Union Industry

Posted on December 03, 2010
The Senate Banking Committee will hold a hearing on Tuesday afternoon, December 7, 2010, on "The State of the Credit Union Industry." Link: http://banking.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&Hearing_ID=aaf46fac-b6e4-4d61-8d1c-06355e8ba0eb (ag) Dec...


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