Blockchain & Banking
Our Blockchain and Banking Blog offers the latest information on financial services and litigation trends. Banking topics range from commercial and consumer lending, to bankruptcy and lender liability defense, to the Dodd-Frank and Regulations JJ. Notably, contributors to the blog have earned national recognition as legal trailblazers in the blockchain and cryptocurrency arena, owing to their experience helping scores of token developers execute viable ICOs and STOs. They provide timely updates on the evolving regulatory framework for token developers (and their investors), along with news of innovative blockchain applications in industries such as health care, real estate, manufacturing, and logistics.
Recent Blog Posts
We Knew It Was Coming: The First NFT Lawsuit is Here
June 9, 2021 | Blogs
On May 12, a plaintiff sued Dapper Labs, Inc. and the CEO of Dapper Labs, alleging violation of secu...
Operational Considerations for Implementation of the California Commercial Lender Disclosure Law
May 5, 2021 | Blogs
On April 7, 2021, the Department of Financial Protection and Innovation (DFPI) published revised reg...
Kentucky Poised To Be National Cryptomining Leader With New Tax Legislation
March 29, 2021 | Blogs
Kentucky has long been considered a national leader in the manufacturing industry given its low cost...
Blockchain and Art Provenance: Five Data Privacy Challenges
March 18, 2021 | Blogs
Distributed ledger technologies (DLTs) are becoming more prominent with applications across supply c...
The Importance of Operational Procedures Whenever Statutory Notice is Required
February 4, 2021 | Blogs
A businessâ€™ routine and seemingly mundane operational practices can sometimes have material legal ...
Proposed Tennessee Bill to Remove Sales Tax in Calculation of Interchange Fees
January 29, 2021 | Blogs
In most cases, Tennessee merchants â€“ and customers â€“ pay processing fees on the total amount of ...
â€śTax Attributesâ€ť that Protect from Income Taxes as â€śPropertyâ€ť
November 13, 2020 | Blogs
Many small businesses are structured as pass-through entities for federal income tax purposes. We...
PPP Loan Forgiveness Should Not Cause Discharge of Indebtedness Income or Generate a Form 1099-C
November 3, 2020 | Blogs
Bankers participating in the Paycheck Protection Program (PPP) must be aware of their reporting obli...
â€śWe Donâ€™t Bank Cryptoâ€ť Isnâ€™t Enough: Banks Need a Strategy for Cryptocurrency
October 12, 2020 | Blogs
At a recent industry conference, Financial Crimes Enforcement Network (FinCEN) director Kenneth Blan...
Valuable Lessons to be Drawn from the CFPBâ€™s TD Bank Overdraft Consent Order
August 31, 2020 | Blogs
On August 20, 2020, the Consumer Financial Protection Bureau (CFPB) and TD Bank, N.A. (â€śTD Bankâ€ť...
Is the Crypto Camelâ€™s Nose Under the Bankerâ€™s Tent With the OCCâ€™s Interpretative Letter of Jul...
July 24, 2020 | Blogs
On July 22, 2020, the Office of the Comptroller of the Currency (â€śOCCâ€ť) released Interpretative ...
Kentucky Continues Progress in Blockchain Technology and Smart Contracts
July 24, 2020 | Blogs
Effective July 15, 2020, Kentucky statutorily empowered its first â€śBlockchain Technology Working G...
Solutions for Delays in Unclaimed Property Reporting
July 16, 2020 | Blogs
Holders of unclaimed or abandoned property should familiarize themselves with their stateâ€™s proced...
A Primer for Kentuckyâ€™s Financial Institutions About Properly Handling Suspected Elder Financial A...
July 13, 2020 | Blogs
One of the most important areas for banks and credit unions to master is the handling of situations ...
Security Interests for Sellers of Goods and Services and the Value of an Unperfected Security Inter...
July 1, 2020 | Blogs
Many of our clients who provide goods or services on credit have a form sales contract that inclu...
Bankruptcy Courts Helping Individuals, Despite the Statute?
June 30, 2020 | Blogs
Two recent bankruptcy court cases remind counsel of the great importance of knowing the proclivities...
The OCCâ€™s CRA Final Rule: What is a Qualifying Activity?
June 8, 2020 | Blogs
The Office of the Comptroller of the Currency (â€śOCCâ€ť) issued a Community Reinvestment Act (â€śCR...
When Your Vendorâ€™s Lender Demands You Pay It Instead of Your Vendor
April 22, 2020 | Blogs
A commercial lenderâ€™s favorite collateral is often a borrowerâ€™s accounts receivable. This collat...
Lender Liability: An Expected Post-Coronavirus Legacy?
April 22, 2020 | Blogs
Banks and their lawyers know that lender liability cases come in all shapes and sizes. One of the co...
Mortgage Payment Deferral Responsibilities of Small Servicers during the Coronavirus Declared Emerge...
April 16, 2020 | Blogs
Much discussion has been had during the past weeks with regards to assisting mortgage borrowers by a...
Advice for Mortgage Loan Servicers: Navigating the Recent Joint Statement Guidance
April 14, 2020 | Blogs
A Joint Statement, “Supervisory and Enforcement Practices Regarding the Mortgage Servicing ...
Traditional Note Offering Settled on the Ethereum Blockchain: Securitization in the Age of Digital A...
April 9, 2020 | Blogs
In early March 2020, FAT Brands, which includes Fatburger, Buffaloâ€™s wings, Bonanza Steakhouse, an...
Danger for Buyers of Distressed Securities or a Gift to Bond Indenture Trustees
April 6, 2020 | Blogs
A thriving market exists for the transfer of troubled secured debt.Â Recently, the Ohio Supreme Cou...
Cashing Checks in the COVID-19 Age
March 23, 2020 | Blogs
It seems like we are all remote bankers now. With branch operations restricted and teller lines clos...
Kentuckyâ€™s Department of Financial Institutions Issues New COVID-19 Guidance
March 18, 2020 | Blogs
Hailey Nolan, depository division director for Kentuckyâ€™s Department of Financial Institutions, to...
COVID-19 and Banksâ€™ Remote Deposit Capture Processes
March 18, 2020 | Blogs
Financial institutions across the country are adjusting branch operationsÂ in response to COVID-19. ...
SBA Relief for Businesses Impacted by COVID-19 â€“ Disaster Assistance Loans
March 16, 2020 | Blogs
In terms of operational shutdowns, lack of customers, and canceled or delayed contracts, all busines...
Can decentralized finance offset the Wall Street losses due to coronavirus?
March 13, 2020 | Blogs
We are all feeling the trickle-down of the short-term effect of coronavirus on Wall Street markets. ...
How Bankers Can Prepare for the Shock of Coronavirus
March 11, 2020 | Blogs
Yesterday, March 10, Dr. Anthony Fauci, Director of the National Institute of Allergy and Infectious...
Dangerous Intersection Ahead: Privacy and Banking Fintech
March 9, 2020 | Blogs
Bankers in the fintech space are familiar with the FFIECâ€™s Guidance recommending multi-factor auth...
Navigating Blockchain and Data Privacy
February 28, 2020 | Blogs
Blockchains are becoming more prominent in cryptocurrencies like Bitcoin, supply chain applications,...
Community Banks and Credit Unions are Targeted with Class Action Lawsuits for NSF and Overdraft Char...
February 7, 2020 | Blogs
Many banks and credit unions are only too well aware that they are the targets of an industry of pla...
Contract Fairness Requirements and Lender-Placed Insurance
January 30, 2020 | Blogs
Many states have a requirement that contracting parties treat each other with a minimum amount of fa...
Can a Lien Exist Without A Debt For It to Secure?
January 24, 2020 | Blogs
The question of does a lien exist without a debt for it to secure is a complicated issue that unfort...
Ohio Supreme Court Resolves Some Concerns in Foreclosure Litigation Appeals
January 23, 2020 | Blogs
In two prior posts, I addressed several questions surrounding appeals in Ohio real estate foreclosur...
Could Banks Be Targeted in Iranâ€™s Cyber Retaliation?
January 7, 2020 | Blogs
Governmental officials and cyber security experts currently anticipate that Iranâ€™s responses to re...
Community Reinvestment Act (CRA): Are Changes on the Way?
January 6, 2020 | Blogs
On December 12, the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller o...
Webinar: Banking America’s Hemp Businesses
December 11, 2019 | Blogs
OverviewÂ The new industrial hemp industry presents financial institutions with exciting business o...
Mortgage Loan Servicerâ€™s Failure to Plan for Errors is Costly
December 10, 2019 | Blogs
Loan servicersâ€™ employees are human beings. Loan servicing employees use systems designed by other...
Lender Considerations for Cryptocurrency and Other Digital Assets
December 10, 2019 | Blogs
The increasing popularity of cryptocurrencies and other digital assets, most notably, Bitcoin and Et...
Bank Regulators Get into the Weeds About Industrial Hemp
December 4, 2019 | Blogs
Four key federal banking regulatory agencies, joined by the Conference of State Bank Supervisors, is...
A Difference That Could Matter: Borrower versus Guarantor
November 26, 2019 | Blogs
Opening remarks on liability. I enforce many unconditional and unlimited guaranty documents signed b...
SAFTs May Survive Telegramâ€™s Garbled Message
November 19, 2019 | Blogs
Blockchain start-ups who side-stepped traditional seed round financing in favor of selling future ri...
Defaulted Mortgagee Saved By Distinction Between Note and Mortgage Claims
November 18, 2019 | Blogs
Previously, I wrote blog posts on planning commercial litigation and the considerations involved in ...
Lessons for Commercial Litigation Counsel re (1) Business Records Hearsay and (2) Partial Conditiona...
November 18, 2019 | Blogs
A recent Court of Appeals decision is a good reminder for experienced lenderâ€™s litigation counsel ...
IRS Lien Litigation Holds Lessons For Transaction Counsel
November 4, 2019 | Blogs
A lien in favor of the Internal Revenue Service (â€śIRSâ€ť) attaches to all the indebted partyâ€™s i...
ICOBox Complaint Offers Glimpse into SEC Enforcement Thinking
October 25, 2019 | Blogs
The Securities and Exchange Commission (â€śSECâ€ť) recently moved to sanction an ICO-related busines...
Joint Statement Issued on Activities Involving Digital Assets
October 16, 2019 | Blogs
Last Friday, the Chairman of the U.S. Commodity Futures Trading Commission (CFTC), the Director of t...
Blockchain and voting
October 15, 2019 | Blogs
Frost Brown Todd member John Wagster was recently featured in an article by CoinTelegraph about bloc...
State Attorneys General Ask at the Checkout Counter, â€śChip & Sign or Chip & Pin?â€ť
September 17, 2019 | Blogs
Should state Attorney Generalâ€™s (AGâ€™s)Â intrude in the private market place to influence the cho...
Planning Litigation for the Lender: Lender Can Sue Out-of-State Borrowerâ€™s Counsel in Lenderâ€™s H...
August 19, 2019 | Blogs
The work of commercial transaction counsel who represent borrowers can involve making representation...
U.S. Government Regulation of Cryptocurrencies Remains More Tortoise than Hare
August 4, 2019 | Blogs
For the most part, U.S. governmental entities are allowing cryptocurrency regulation to evolve incre...
Recent Case Law Focuses on Drafting Considerations in Payments Contracts (part 3 of 3)
July 23, 2019 | Blogs
A well-crafted contract will be concise, clear, and avoid internal conflicts. In this last article o...
Recent Case Law Focuses on Drafting Considerations in Payments Contracts (part 2 of 3)
July 15, 2019 | Blogs
In this second article of our three-part series on payments contracts and drafting considerations, r...
Recent Case Law Focuses on Drafting Considerations in Payments Contracts (Part 1 of 3)
July 8, 2019 | Blogs
Payment card networks are built on a web of contractual arrangements containing incentives and alloc...
Rising Momentum for Blockchain’s Decentralized Finance Applications
July 5, 2019 | Blogs
Background Blockchain technologyâ€™s potential for disintermediation in the financial sphere has evo...
Collateral Descriptions in UCC Financing Statements
June 20, 2019 | Blogs
Lenders and their counsel know that it is important to properly describe the collateral on which a l...
How to Address a Consumer Dispute in Compliance with Fair Credit Reporting Act
June 2, 2019 | Blogs
With the recent decision inÂ Spokeo v. Robbins, bloggers and legal commentators have spent much time...
Unique Concerns When Foreclosing Junior Liens on Real Estate in Ohio
May 29, 2019 | Blogs
There has been some significant activity recently involving the rights and obligations ofÂ junior re...
The First Filed Real Estate Interest Has Priority, Sometimes
May 7, 2019 | Blogs
Uncounted dollars in money, goods and services are routinely transferred in reliance on the priority...
West Virginia Medical Cannabis Banking Reforms Take Shape
April 30, 2019 | Blogs
On April 25, 2019, the West Virginia Treasurerâ€™s Office issued a request for proposals (RFP) seeki...
So Many Adages So Little Time
April 29, 2019 | Blogs
The old adage â€śno harm no foulâ€ť applies to tort litigation unless there is a statute or contract...
When a Lender Must File and Send a Form 1099-C to Report Debt Forgiveness
April 26, 2019 | Blogs
Over the years, I have often addressed questions related to IRS Form 1099-C titledÂ Cancellation of ...
Small Banks and FinTech: an Opportunity?
April 15, 2019 | Blogs
Earlier this year BB&T and SunTrust announced a merger that if completed will create the sixth-l...
HR 171: Kentuckyâ€™s First Step Towards a Sustainable and Innovative Blockchain Market
April 3, 2019 | Blogs
For anyone who has been paying attention to the recent cryptocurrency craze globally and the growing...
Admit and Legislators Acknowledge That Real Estate Professionals Are Human and Need Protection From ...
April 2, 2019 | Blogs
Ohio and other states where Frost Brown Todd has offices have long had witness and/or notary require...
Two offerings â€“ one token: Simultaneous Rule 506(c) and Reg S offerings of security tokens
April 1, 2019 | Blogs
While the ICO market weathers a frigid crypto winter andÂ awaits further regulatory clarity, many is...
Dormancy and Revival: Long-Term Judgment Collection in Ohio
March 4, 2019 | Blogs
The fortunes of those who owe you money can vary over the years. This blog post explores how Ohio ju...
SPNB Charters for FinTech Companies: A Primer
February 27, 2019 | Blogs
The number of tech companies offering alternatives to traditional banks has increased severalfold in...
SPNB Charters for FinTech Companies Will Impact Your Litigation Work
February 25, 2019 | Blogs
Experienced counsel who regularly litigate for or against federally chartered and regulated financia...
When the Dispatcher Must Stop the Truck: A Collection Lawyerâ€™s Duty to Stop the Work of Others Tha...
February 12, 2019 | Blogs
Collection lawyers know that sometimes their efforts, including litigation, are temporarily halted. ...
Five Things to Know About Security Token Offerings
February 10, 2019 | Blogs
A security token offering (STO) is, as its name indicates, a public or private sale of a â€śsecurity...
Whatâ€™s around the bend for crypto and blockchain developers and the agencies tasked with regulatin...
February 8, 2019 | Blogs
Frost Brown Todd attorneys Courtney Rogers Perrin and Joshua Lewis join Nick Sciple of the Industry ...
New FCC Database Aims to Reduce Potential Liability of Businesses under the Telephone Consumer Prote...
February 1, 2019 | Blogs
The Federal Communications Commission (FCC) recently issued an order approving new rules authorizing...
Lis Pendens in Ohio: Tips for Leasehold Mortgagees and Other SNDA Beneficiaries
December 17, 2018 | Blogs
Ohioâ€™s lis pendens statute is maddeningly simple. Ohio Revised Code section 2703.26â€™s two senten...
Ohio’s Data Protection Act: An Opportunity for Financial Institutions That Operate in Ohio
December 5, 2018 | Blogs
Good news! The Ohio legislature has offered financial institutions some legal protections in the for...
From Gray to Black and White: Traditional Regulations Come to Crypto
December 3, 2018 | Blogs
For nearly a decade, participants in the blockchain and cryptocurrency space have operated in a regu...
Agreed, Not Unauthorized and yet Unenforceable
November 26, 2018 | Blogs
Students in the USA are taught that we have three branches of government; executive, legislative and...
Update and Expansion: Appeals in a Foreclosure Case, an Empty Right in Ohio?
November 21, 2018 | Blogs
A few months ago, I posted aÂ blog article questioning the true economic viability of appellate oppo...
What a Collection Lawyer Should Know About a Clientâ€™s Information Management Systems
October 22, 2018 | Blogs
A collection of litigatorâ€™s communications with the client include receiving and seeking informati...
The Commercial Litigator and His Clientâ€™s Information Management Systems
October 18, 2018 | Blogs
It takes many systems (hardware, software and employee activities) to operate a modern lending insti...
Cryptocurrency or a Security? Only the Jury Knows for Sure
September 12, 2018 | Blogs
As anyone launching an initial coin offering (ICO), token-generation event or whatever else they wan...
Planning Commercial Collection Litigation: A Primer
September 5, 2018 | Blogs
Consider the common commercial loan collection situation: a business debt collateralized by relative...
Bankers, Bitcoins And the Bank Secrecy Act – A Webinar about Business Opportunities & Risk...
August 24, 2018 | Blogs
SAVE THE DATE: August 28, 2018, at 3:00 p.m. EST The growing importance of blockchain businesses, a...
Ohio Enacts Law Acknowledging Blockchain Transactions and Granting Safe Harbor Protections to Eligib...
August 9, 2018 | Blogs
On Friday, August 3, Governor Kasich signed Ohio Senate Bill 220, which acknowledges for the first t...
A Thoughtful Bankruptcy Lawyerâ€™s Opportunity to Anticipate
August 1, 2018 | Blogs
A lawyer’s usual task is to help solve the client’s current problem: resolve a dispute; ...
Entity Receiverships and the Dangerous Federal Priority Statute
July 6, 2018 | Blogs
Lawyers representing creditors often compete with federal government claims against the same insolve...
Ohioâ€™s Administrative (Not Judicial) Income Tax Liens
June 19, 2018 | Blogs
A federal tax lien arises when the Internal Revenue Service takes administrative action to note in i...
Joinder of Claims in Commercial Foreclosure Litigation is a Choice
June 6, 2018 | Blogs
A prior blog post analyzed Green Tree Servicing v. Asterino-Starcher, et al., 2018-Ohio-977 (Frankli...
Appeals in a Foreclosure Case, an Empty Right in Ohio?
May 30, 2018 | Blogs
Foreclosure cases often proceed without participation or significant defense by the obligor / mortga...
Over Lawyering Danger: Sometimes the â€śBeltâ€ť Interferes with the â€śSuspendersâ€ť
May 14, 2018 | Blogs
Deal lawyers often seek to insure an outcome using multiple approaches simultaneously; this is collo...
IRS Liens, After Acquired Property and the Doctrine of Choateness
May 4, 2018 | Blogs
Internal Revenue Service liens attach to all a taxpayer’s “property and rights to proper...
When is Old New: Loan Modification Under the BSA’s Beneficial Owner Rule
May 1, 2018 | Blogs
When does a modification to or extension of a commercial loan constitute the act of opening a &ldquo...
Do Prior Liens Attach to Property After the Fraudulent Conveyance Determination
April 26, 2018 | Blogs
Ohio Revised Code Section 1336.07 is Ohio’s codification of the “Remedies” section...
New York Attorney General Launches Inquiry into Cryptocurrency Exchanges
April 18, 2018 | Blogs
On April 17, 2018, New York Attorney General Eric T. Schneiderman (the “NY AG”) launched...
Danger: â€śUnlimitedâ€ť Guaranty Covers Theft Losses Caused By Another
April 13, 2018 | Blogs
Guarantor was the spouse of a business owner. Spouse’s business opened a deposit account and a...
How to Lose a Default Judgment Motion: Seek the Wrong Relief Too Soon
April 6, 2018 | Blogs
Defendant is a mother who received the news all parents of teenagers everywhere desire and fear: Con...
A Cautionary Tale: Original Mortgageeâ€™s Modified Loan Prevails Over Second Secured Lender
April 3, 2018 | Blogs
An Ohio residential loan and mortgage were made and recorded in 2008. After default, a foreclosure c...
Arizona Creates Legislative Sandbox to Foster Fintech Business Growth
March 27, 2018 | Blogs
Many entrepreneurs and existing companies exploring opportunities in the fintech space often experie...
Op Ed: FinCEN Policy Positions Offer Murky Guidance for ICOs
March 14, 2018 | Blogs
The Financial Crimes Enforcement Network (FinCEN) appears to be taking steps to eliminate some of th...
Blockchain Update: SEC Order Interrupts the Munchee ICO
December 18, 2017 | Blogs
SEC issues cease-and-desist order two days into the Munchee ICO, a sign the Commission is inchi...
It Begins: The First ICO-Related Securities Litigation Has Been Filed – and There are Lessons ...
November 15, 2017 | Blogs
On October 25, 2017, Plaintiff, Andrew Baker filed a proposed class action against Dynamic Ledger So...
Blockchain Policy Update: LabCFTC Releases â€śA CFTC Primer on Virtual Currenciesâ€ť
October 20, 2017 | Blogs
The Commodity Futures Trade Commission’s (CFTC’s) recent publication of “A CFTC Pr...
West Virginia Supreme Court: WVCCPA does not apply to Landlord/Tenant Relationships
October 16, 2017 | Blogs
On October 12, 2017, The West Virginia Supreme Court issued a decision in State of West Virginia ex ...
Legal Issues of Owning and Operating a Bitcoin ATM Business
September 14, 2017 | Blogs
As previously discussed, Bitcoin ATMs are a growing industry, offering consumers great flexibility i...
A Regulatory Primer for Bitcoin ATM Operators â€“ State Law & Regulations
September 14, 2017 | Blogs
Depending on the state where the Bitcoin ATM operator sets up the business, the operator may â€“ or ...
Bitcoin ATMs: What They Are and How They Work
September 14, 2017 | Blogs
The traditional ATM is a truly ubiquitous part of our culture. Although the first American ATM was n...
Asian Regulatory Actions on ICOs: Optimism Remains Despite New Regulations
September 5, 2017 | Blogs
While recent announcements by Chinese and South Korean regulators may spark companies planning an in...
New Cybersecurity Regs Will Not be Limited to New York: Extra-Territorial Application for the Insure...
August 16, 2017 | Blogs
August 28, 2017 marks the first of several rapidly approaching implementation deadlines for “c...
2017 Shaping Up to be a Busy Year for State-Level Blockchain Legislation
August 4, 2017 | Blogs
The first states to officially begin regulating blockchain technology and business did so in 2014, w...
Launching an ICO? Follow This Advice from the SEC
July 31, 2017 | Blogs
Lost in the headlines over the SEC’s recent pronouncements on cryptocurrency was important pra...
FinCEN Cracks-Down on Yet Another Alleged Illegitimate Virtual Currency Exchange, Raising More Conce...
July 27, 2017 | Blogs
The Financial Crimes Enforcement Network (FinCEN) takes first action against a foreign-located money...
SEC Addresses ICO Bubble, But Leaves Key Questions Unanswered
July 26, 2017 | Blogs
Yesterday’s flurry of releases from the U.S. Securities and Exchange Commission leaves open th...
Initial Coin Offering Risk Factors: More Than Just Legalese
July 6, 2017 | Blogs
This article was originally published on July 7, 2017 in Bitcoin Magazine, a subsidiary of BTC Media...
West Virginia Legislature Amends Consumer Credit and Protection Act
May 11, 2017 | Blogs
West Virginia Governor Jim Justice has signed two bills (SB 344 and SB 563) into law that make signi...
Conference of State Bank Supervisors Sues U.S. Comptroller over Non-Bank Charter Rule
April 28, 2017 | Blogs
On Wednesday, April 26, the Conference of State Bank Supervisors (the “CSBS”) filed suit...
What Prepaid Accounts Are Subject to the New Prepaid Rules? What you need to know to be ready.
March 23, 2017 | Blogs
Prepaid cards are increasingly popularâ€”they are frequently used instead of traditional bank accoun...
What Prepaid Accounts Are Subject to the New Prepaid Rules? What you need to know to be ready.
March 23, 2017 | Blogs
Prepaid cards are increasingly popular—they are frequently used instead of traditional bank ac...
A Cautionary Tale for Money Service Businesses: How Violating the Bank Secrecy Act Could Cost Millio...
March 2, 2017 | Blogs
On February 27, 2017, The Financial Crimes Enforcement Network (“FinCEN”) fined Merchant...
New Hampshire Takes Steps to Exempt Virtual Currency Transfers from its Licensing Regime
February 22, 2017 | Blogs
New Hampshire legislators may exempt people who provide money transfer services for virtual currency...
New Yorkâ€™s DFS Narrows Proposed Cybersecurity Regulations
January 20, 2017 | Blogs
On September 13, 2016, the New York State Department of Financial Services (“NYDFS”) iss...
Fintech Companies are No Longer in â€śUnchartedâ€ť Territory
December 27, 2016 | Blogs
The Office of the Comptroller of the Currency (OCC), a subset of the U.S. Treasury Department, recen...
The Medieval Economics of Cryptocurrency
November 14, 2016 | Blogs
Medieval kings have something in common with cutting-edge software developers forking new applicat...
Itâ€™s EZ as 1, 2, 3 . . . Disclosure, limited liability and periodic statements required for prepai...
October 14, 2016 | Blogs
The Consumer Financial Protection Bureau (CFPB) recently issued a final rule, the “Prepaid Rul...
Considerations For A Legislative Definition of â€śBlockchainâ€ť
October 13, 2016 | Blogs
It seems like everyone is discussing “blockchain,” but few have taken the time to really...
Are Prices Free Speech? The Supreme Court is set to weigh in on whether merchant surcharges are prot...
October 6, 2016 | Blogs
The Supreme Court recentlyÂ agreed to reviewÂ a case from the Second Circuit Court of Appeals holdin...
Will Sixth Circuit Decision Further Open Doors to Data Breach Recovery Lawsuits?
October 6, 2016 | Blogs
Defendants in putative class actions suits filed in federal court attempting recovery for data breac...
CFPB ARBITRATION RULE: What You Need to Know Now
May 6, 2016 | Blogs
On May 5, 2016, the CFPB unveiled a proposed arbitration rule which would dramatically limit the con...
Law and Technology Disconnect: Tennessee Just Killed Encryption Safe Harbor
April 11, 2016 | Blogs
Tennessee has recently enacted some potentially far reaching changes to its data breach notification...
Preservation of Arbitration Rights in Kentucky When Litigation Is Filed
March 21, 2016 | Blogs
Despite the presence of an arbitration provision in a loan agreement or other document, a lender may...
What You Should Know About Kentuckyâ€™s New Uniform Voidable Transactions Act
January 29, 2016 | Blogs
On January 1, 2016, the Uniform Voidable Transactions Act (UVTA) was enacted in Kentucky and can be ...
Your Money is No Good Here: FTC Bans Telemarketers from Accepting Four Methods of Payment
November 25, 2015 | Blogs
Telemarketers are now prohibited from accepting four methods of payment that the Federal Trade Commi...
A House Divided: U.S. District Court Splits on Whether Class Has a Private Right of Action Against â...
November 18, 2015 | Blogs
Two class action lawsuits, Hucke v. Kubra Data Transfer LTD., Corp., No. 2-15-cv-14232-RLR, and &nbs...
Helpful to Bankers? Changes to the TCPA of Particular Concern to Financial Institutions
August 28, 2015 | Blogs
On July 10, 2015, the Federal Communication Commission (FCC) came out with new rules interpreting th...
Fedâ€™s Advice to Community Banks on Bitcoin: â€śProceed â€¦ with Cautionâ€ť
July 27, 2015 | Blogs
Community Banks need to be aware of the risks posed by cryptocurrencies like Bitcoin, because their ...
Continuity or Change? How the Supreme Court changed the law for lenders under the FHA without changi...
July 22, 2015 | Blogs
After leaving the public, press, regulators, and lenders lingering for six months, the Supreme Court...
At Risk: Community Banks and the Recovery of Losses Due to Merchant Data Breach
July 6, 2015 | Blogs
Regional and community Banks often serve as Issuer Banks by providing credit and debit cards to thei...
Developments in the Rules Governing Personal Identifiable Information May Have Unexpected Consequenc...
June 18, 2015 | Blogs
Much has been written of late about data breaches and the liabilities for the unauthorized acquisiti...
Is .bank Right For You? The Pros & Cons
May 19, 2015 | Blogs
Many banks are now evaluating the pros and cons of using the new “.bank” domain. F...
NEW POINT-OF-SALE LEGISLATION IN TENNESSEE
May 11, 2015 | Blogs
Does your company lease point-of-sale (POS) credit card terminals to customers in Tennessee? O...
Newly Enacted Legislation Prohibits Certain Amendments to Mortgages
May 4, 2015 | Blogs
In a relatively unnoticed enactment of the Kentucky General Assembly, KRS § 382.290 a...
Credit Reporting Agencies’ Deal Could Impose Additional Investigation Rules on Companies that ...
March 10, 2015 | Blogs
Following months of negotiations, the three largest national credit reporting agencies agreed to a s...
What Last Yearâ€™s Data Privacy Rulings May Hold For Future Consumer Class Action Lawsuits â€“ Some ...
February 17, 2015 | Blogs
Frost Brown Todd has an active practice of experienced lawyers who regularly counsel clients on all ...
Key Points for Bankers Concerning Federal Income Tax Filing Requirements When Discharging a Debt
February 12, 2015 | Blogs
As the 2015 tax filing season begins, it is important that individuals and businesses understand the...
West Virginia Supreme Court Dismisses M.E.R.S. Recording Fee Putative Class Action
February 6, 2015 | Blogs
In State ex rel. U.S. Bank National Association v. McGraw, Frost Brown Todd recently assisted ...
What Financial Institutions Need To Know About IRS Form 1042-S
February 2, 2015 | Blogs
IRS Form 1042-S is a tax form for foreign individuals reporting income from a United States based so...
When Contract Boilerplate Matters: A Case Lesson From the Credit Card Processing World
January 28, 2015 | Blogs
Those practicing in the payments space know that recorded judicial decisions are few and far between...
Supreme Court Clarifies Borrowerâ€™s Rescission Rights Under the Truth in Lending Act
January 21, 2015 | Blogs
On January 13, 2015, the U.S. Supreme Court unanimously decided that a borrower may simply provide w...
Financial Institutions are Foreseeable Victims in Target Data Breach Cases
January 16, 2015 | Blogs
In an important decision regarding financial institution claims for recovery of losses resulting fro...
New Savings Options Authorized for Retail Customers
January 9, 2015 | Blogs
Towards the end of 2014, two new national savings laws were signed by President Barack Obama. ...
Location, Location, Location: Understanding How Contract Provisions Can Impact Where Litigation Take...
January 22, 2013 | Blogs
Edwina McDunnough decides to open a baby bo...
Sixth Circuit Affirms District Courtâ€™s Finding of Waiver of Right to Enforce Arbitration
September 7, 2010 | Blogs
In Hurley v. Deutsche Bank Trust Co. Americas, the plaintiff, an active member of the military serv...
Want More Blockchain & Banking Updates?
In addition to the Blockchain & Banking Blog, Frost Brown Todd regularly issues Legal Updates. These client alerts and white papers are delivered to you via e-mail and provide insights on trending, often urgent issues that have the potential to impact you and/or your business.