Prices for agricultural commodities fluctuate. A producer attempts to mitigate this price risk through hedging. A lender attempts to mitigate the risks of loaning money to the producer by taking a security interest in producer’s commodity hedging accounts. The commodity broker provides the lender with a control agreement, and says […]
Banking Update
Congress Eliminates ATM Fee Notice Requirements And Provides Protection For Bank Information Provided To CFPB
on Wednesday, 6 February 2013 in
Banking Update
Congress has finally acted to address two issues that we have addressed in past issues of this Update. One issue we have addressed in the past that has impacted many banks involved frivolous class action lawsuits filed under the auspices of the Electronic Fund Transfer Act. Such claims involved users […]
New Power-of-Attorney Rules in Nebraska Present Pros and Cons for Bankers
on Wednesday, 6 February 2013 in
Banking Update
The Nebraska Uniform Power of Attorney Act (the “Act”) took effect on January 1, 2013, providing more detailed guidance for those attorneys-in-fact named on a durable power of attorney (defined as “agents” in the Act). The Act also provides safeguards to third parties working with agents, as well as imposing […]
Whistleblower Protection Under the Dodd-Frank Act—Early Lessons from Case Law
on Wednesday, 6 February 2013 in
Banking Update
In response to the 2008 financial crisis, Congress in 2010 enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “DFA” or “Act”) to improve the accountability and the transparency of the financial system. One critical provision of the DFA is a section entitled “Securities Whistleblower Incentives and Protection,” […]
