The fortunes of those who owe you money can vary over the years. This blog post explores how Ohio judgment creditors can capture their share of a judgment debtor’s improving financial situation. Read More ›
The number of tech companies offering alternatives to traditional banks has increased severalfold in recent years, piquing the attention of state and federal regulators. For FinTech companies engaged in certain aspects of the “business of banking,” a special purpose national bank (SPNB) charter may be one avenue for ensuring continued compliance with applicable regulations. Read More ›
Experienced counsel who regularly litigate for or against federally chartered and regulated financial institutions appreciate the differences that apply when a federally chartered and regulated financial institution is the plaintiff or defendant. All businesses maintain books and records needed to operate the business and meet the universally applicable reporting obligations (taxes and perhaps audited financial statements). Federally chartered and regulated financial institutions also retain records required to meet regulators’ requirements of all types including safety and soundness, specific nondiscrimination rules, etc. The existence of these additional documents impacts both sides of the document production work (requesting and producing).
 See, for example, the Community Reinvestment Act (12 U.S.C. Section 2901 et seq.) and laws against redlining. Unique information must be acquired, manipulated and retained to meet these financial industry specific rules. Read More ›
When the Dispatcher Must Stop the Truck: A Collection Lawyer’s Duty to Stop the Work of Others That She Caused
Collection lawyers know that sometimes their efforts, including litigation, are temporarily halted. Occasionally, the client directs the delay. On other occasions, the defendant / borrower unilaterally grants itself a delay. The classic borrower caused delay is the automatic stay that is imposed on collection counsel when a borrower files bankruptcy. 11 U.S.C. Section 362. Read More ›
What’s around the bend for crypto and blockchain developers and the agencies tasked with regulating a burgeoning, transnational industry?
Frost Brown Todd attorneys Courtney Rogers Perrin and Joshua Lewis join Nick Sciple of the Industry Focus podcast to discuss the meteoric rise and recent retrenchment of the ICO market. Read More ›
A security token offering (STO) is, as its name indicates, a public or private sale of a “security,” evidenced by a digital token transferable on a blockchain to investors to raise capital. Giving an asset another name (like “token”) does not transform it into something other than a security or exempt an issuer from compliance with securities laws. Read More ›
New FCC Database Aims to Reduce Potential Liability of Businesses under the Telephone Consumer Protection Act
The Federal Communications Commission (FCC) recently issued an order approving new rules authorizing the creation of a central reassigned telephone number database which will enable any caller to verify whether – unbeknownst to them – a telephone number of a consumer has been reassigned before calling the number. Read More ›
Ohio’s lis pendens statute is maddeningly simple. Ohio Revised Code section 2703.26’s two sentences read:
When a complaint is filed, the action is pending so as to charge a third person with notice of its pendency. While pending, no interest can be acquired by third persons in the subject of the action, as against the plaintiff's title. Read More ›
Good news! The Ohio legislature has offered financial institutions some legal protections in the form of the Ohio Data Protection Act (the “Act”). However, you must be proactive. It will be good for your business and may help in future litigation. Read More ›
For nearly a decade, participants in the blockchain and cryptocurrency space have operated in a regulatory compliance gray zone. Recent developments — at both the federal and international levels — signal that the time for plausible deniability or unregulated freedom is coming to an end and more traditional regulations are moving to the forefront.
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Vincent E. Mauer represents clients in commercial and business disputes with particular emphasis on financial institutions and instruments, including financial institution bonds, securities, insurance policies and commercial loans.