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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

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Taking Out the Junk (Fees): The Consumer Financial Protection Bureauโ€™s Proposed Rule Affecting Ban...

January 26, 2024 | Blogs

In line with the Consumer Financial Protection Bureauโ€™s (CFPB) 2022 initiative to reduce โ€œjunk f...

Big picture of finance, connecting the dots
CFPB Advisory Opinion: Impeding Consumer Requests for Bank Account Information Comes at a Cost

October 12, 2023 | Blogs

The Consumer Financial Protection Bureau (CFPB or โ€œBureauโ€) announced its plans to raise the sta...

Navigating the Blockchain Landscape: Recent IRS Guidance on Convertible Virtual Currency and the Tre...

August 29, 2023 | Blogs

This article explores recent developments in the U.S. federal taxation of virtual currencies by the ...

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The Corporate Transparency Act: Considerations for Effectively Using the FinCEN Identifier

July 28, 2023 | Blogs

The Corporate Transparency Act (CTA) is scheduled to take effect in a matter of months (on January 1...

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You Thought Federal Compliance Was Enough? Donโ€™t Forget the States

July 25, 2023 | Blogs

Most virtual asset providers are aware of federal-level guidance, such as the money services busines...

Macro shot of pocket watch face with 100 dollar bill Ben Franklin. Selective focus is on Franklin's Eyes. Gold Tone.
California Courts Restrict Late Fees When Borrowers Default

July 25, 2023 | Blogs

This article was originally published in Bloomberg Law’s Banking, Professional Perspectives. I...

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Considerations for an Effective OFAC Compliance Program in the Tech Industry

March 13, 2023 | Blogs

On November 28, 2022, the United States Department of Treasury’s Office of Foreign Assets Cont...

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OFAC Enforcement Action Based on a Rewards Program

October 31, 2022 | Blogs

On September 30, 2022, the United States Department of Treasuryโ€™s Office of Foreign Assets Control...

Prague, Czech Republic - October, 2019: Silver Bitcoin, bit coin online digital currency frozen in the blue ice. Concept of block chain, crypto market crash. Frozen crypto money, depreciation
Crypto Winter Series: Can the Legal World Catch Up with the Rapid Development of Crypto Innovation? ...

July 14, 2022 | Blogs

Much discussion has been had recently about the fact that cryptocurrencies (tokens and coins) do not...

Prague, Czech Republic - October, 2019: Silver Bitcoin, bit coin online digital currency frozen in the blue ice. Concept of block chain, crypto market crash. Frozen crypto money, depreciation
Crypto Winter Series: Bankruptcy, Insolvency, and Liquidation Principles for Crypto Investors | Part...

July 13, 2022 | Blogs

In bankruptcy parlance, the lookback period does not look good for the crypto industry. In the last ...

Prague, Czech Republic - October, 2019: Silver Bitcoin, bit coin online digital currency frozen in the blue ice. Concept of block chain, crypto market crash. Frozen crypto money, depreciation
Crypto Winter Series: What Are the Current Insolvency Concerns and What Do They Mean | Part 1 of 3

July 11, 2022 | Blogs

News outlets and industry publications have been publishing information about recent โ€œcrypto winte...

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Youโ€™ve Been Crypto-Served

June 23, 2022 | Blogs

Cryptocurrency has long been the digital Wild Westโ€”the legal system has been working to catch up t...

Gold and silver round coin
California Governor Issues an Executive Order on the Web3 and Blockchain Innovation

June 13, 2022 | Blogs

Following President Joe Bidenโ€™s outlining the national policy on digital assets and technologies, ...

NFT non fungible token on a hard surface motherboard. Crypto currency. 3D rendering
DOJ Announces First Insider Trading Charges Involving Non-Fungible Tokens

June 8, 2022 | Blogs

On June 1, 2022, the Department of Justice (DOJ) announced the indictment of a former product manage...

Gavel and electronic devices. Regulation of blockchain.
Liability for Digitally Autonomous Organizations

May 20, 2022 | Blogs

Are decentralized autonomous organizations (DAOs) de facto general partnerships such that their โ€œm...

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Binance Decision Clarifies Extraterritorial Application of U.S. Securities Laws to Digital Asset Tra...

April 19, 2022 | Blogs

On March 31, 2022, the United States District Court for the Southern District of New York dismissed ...

Person putting bitcoin in a piggy bank
Five Reasons DOL (Almost) Prohibits 401(k) Cryptocurrency Investments | Fiduciary Focus Series

March 25, 2022 | Blogs

The Department of Laborโ€™s Employee Benefits Security Administration (DOL) issued Compliance Assist...

pile of coins on technology financial graph background.
President Bidenโ€™s Executive Order Addressing Digital Assets and Technologies

March 9, 2022 | Blogs

President Biden issued an Executive Order (the โ€œOrderโ€) earlier outlining the administrationโ€™s...

Concept cryptographic nft on a hundred-dollar bill franklin in glasses
NFT Lawsuits 2022 Roundup

March 1, 2022 | Blogs

The increased popularity of non-fungible tokens (NFTs) has potential to inspire new methods of creat...

The American Rescue Planโ€™s Impact on Form 1099-K Reporting Requirements for Third-Party Payment Ne...

February 8, 2022 | Blogs

Another tax year, another change. The annual Form 1099-K issuance (Payment Card [1] and Third-Party ...

Banking System and Electronic Transfer for Business
The Digital Dollar: The Fed Exploring Whether a U.S. CBDC Might Make โ€œCentsโ€

January 24, 2022 | Blogs

The Federal Reserve recently released a publication discussing the potential of a central bank digit...

Between the Hashes: Developments in State Taxation and Incentives for Cryptomining

September 13, 2021 | Blogs

While the boom of cryptocurrency in the United States has led to several developments and changes to...

Servers Technology
Kentucky Releases Application for New Cryptomining Energy Exemption

June 24, 2021 | Blogs

As discussed at length in my prior article (KY Passes New Tax Breaks for Cryptomining), Kentucky rec...

Block Chain Network
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...

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Blockchain Smart Contracts: Changing the Way Business is Done Today

April 1, 2021 | Blogs

Your vendor wants to use A Blockchain โ€œSmart Contractโ€ for the transaction. Now what? At a glanc...

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 businessโ€™ 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 โ€“ and customers โ€“ pay processing fees on the total amount of ...

โ€œTax Attributesโ€ that Protect from Income Taxes as โ€œPropertyโ€

November 13, 2020 | Blogs

Many small businesses are structured as pass-through entities for federal income tax purposes.[1] 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...

Bitcoin Cryptocurrency Security And Mining Concept. Safe Lock With Symbol Of Bitcoin On Circuit Board.
โ€œWe Donโ€™t Bank Cryptoโ€ Isnโ€™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 CFPBโ€™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. (โ€œTD Bankโ€...

Digital chainlinks, blockchain
Is the Crypto Camelโ€™s Nose Under the Bankerโ€™s Tent With the OCCโ€™s Interpretative Letter of Jul...

July 24, 2020 | Blogs

On July 22, 2020, the Office of the Comptroller of the Currency (โ€œOCCโ€) released Interpretative ...

Digital key unlocking code
Kentucky Continues Progress in Blockchain Technology and Smart Contracts

July 24, 2020 | Blogs

Effective July 15, 2020, Kentucky statutorily empowered its first โ€œBlockchain 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 stateโ€™s proced...

A Primer for Kentuckyโ€™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 ...

Stack of papers in front of computer
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[1] 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 OCCโ€™s CRA Final Rule: What is a Qualifying Activity?

June 8, 2020 | Blogs

The Office of the Comptroller of the Currency (โ€œOCCโ€) issued a Community Reinvestment Act (โ€œCR...

When Your Vendorโ€™s Lender Demands You Pay It Instead of Your Vendor

April 22, 2020 | Blogs

A commercial lenderโ€™s favorite collateral is often a borrowerโ€™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[1], “Supervisory and Enforcement Practices Regarding the Mortgage Servicing ...

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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, Buffaloโ€™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.ย  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...

Kentuckyโ€™s Department of Financial Institutions Issues New COVID-19 Guidance

March 18, 2020 | Blogs

Hailey Nolan, depository division director for Kentuckyโ€™s Department of Financial Institutions, to...

COVID-19 and Banksโ€™ Remote Deposit Capture Processes

March 18, 2020 | Blogs

Financial institutions across the country are adjusting branch operationsย in response to COVID-19. ...

SBA Relief for Businesses Impacted by COVID-19 โ€“ Disaster Assistance Loans

March 16, 2020 | Blogs

In terms of operational shutdowns, lack of customers, and canceled or delayed contracts, all busines...

Locked puzzle pieces of code
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 FFIECโ€™s Guidance recommending multi-factor auth...

Block Chain Network
Navigating Blockchain and Data Privacy

February 28, 2020 | Blogs

Blockchains are becoming more prominent in cryptocurrencies like Bitcoin, supply chain applications,...

Electronic Board With Bank Card
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...

hacker in dark room behind data breach
Could Banks Be Targeted in Iranโ€™s Cyber Retaliation?

January 7, 2020 | Blogs

Governmental officials and cyber security experts currently anticipate that Iranโ€™s responses to re...

Financial Services Bank Building
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...

Hemp money
Webinar: Banking America’s Hemp Businesses

December 11, 2019 | Blogs

Overviewย  The new industrial hemp industry presents financial institutions with exciting business o...

Mortgage Loan Servicerโ€™s Failure to Plan for Errors is Costly

December 10, 2019 | Blogs

Loan servicersโ€™ employees are human beings. Loan servicing employees use systems designed by other...

Bitcoin Cryptocurrency Security And Mining Concept. Safe Lock With Symbol Of Bitcoin On Circuit Board.
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...

Business Marijuana Hemp Leaves Cannabis Stock Exchange Market
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...

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SAFTs May Survive Telegramโ€™s Garbled Message

November 19, 2019 | Blogs

Blockchain start-ups who side-stepped traditional seed round financing in favor of selling future ri...

Foreclosure Sign In Front On Modern House
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 ...

Financial Services Bank Building
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 lenderโ€™s litigation counsel ...

IRS Lien Litigation Holds Lessons For Transaction Counsel

November 4, 2019 | Blogs

A lien in favor of the Internal Revenue Service (โ€œIRSโ€) attaches to all the indebted partyโ€™s i...

Blue ICO icon
ICOBox Complaint Offers Glimpse into SEC Enforcement Thinking

October 25, 2019 | Blogs

The Securities and Exchange Commission (โ€œSECโ€) 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...

Virtual Data Files Containing Cryptographic Keys
In the News:
Blockchain Voting Systems โ€” Can Democracy Rely on Them?

Publication: Cointelegraph

Authors: John S. Wagster

State Attorneys General Ask at the Checkout Counter, โ€œChip & Sign or Chip & Pin?โ€

September 17, 2019 | Blogs

Should state Attorney Generalโ€™s (AGโ€™s)ย intrude in the private market place to influence the cho...

Planning Litigation for the Lender: Lender Can Sue Out-of-State Borrowerโ€™s Counsel in Lenderโ€™s H...

August 19, 2019 | Blogs

The work of commercial transaction counsel who represent borrowers can involve making representation...

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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 technologyโ€™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...

Piggy bank overflowing with money
How to Address a Consumer Dispute in Compliance with Fair Credit Reporting Act

June 2, 2019 | Blogs

With the recent decision inย Spokeo v. Robbins, bloggers and legal commentators have spent much time...

Foreclosure Sign In Front On Modern House
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 ofย 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...

Cannabis Marijuana Oil Extracts In Jars And Leaves For Treatment.
West Virginia Medical Cannabis Banking Reforms Take Shape

April 30, 2019 | Blogs

On April 25, 2019, the West Virginia Treasurerโ€™s Office issued a request for proposals (RFP) seeki...

So Many Adages So Little Time

April 29, 2019 | Blogs

The old adage โ€œno harm no foulโ€ 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 titledย 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: Kentuckyโ€™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...

Bitcoin Cryptocurrency Security And Mining Concept. Safe Lock With Symbol Of Bitcoin On Circuit Board.
Two offerings โ€“ 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 andย 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...

Big picture of finance, connecting the dots
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 Lawyerโ€™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 โ€œsecurity...

Virtual Data Files Containing Cryptographic Keys
Whatโ€™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...

Foreclosure Sign In Front On Modern House
Lis Pendens in Ohio: Tips for Leasehold Mortgagees and Other SNDA Beneficiaries

December 17, 2018 | Blogs

Ohioโ€™s lis pendens statute is maddeningly simple. Ohio Revised Code section 2703.26โ€™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...

Foreclosure Sign In Front On Modern House
Update and Expansion: Appeals in a Foreclosure Case, an Empty Right in Ohio?

November 21, 2018 | Blogs

A few months ago, I posted aย blog article questioning the true economic viability of appellate oppo...

What a Collection Lawyer Should Know About a Clientโ€™s Information Management Systems

October 22, 2018 | Blogs

A collection of litigatorโ€™s communications with the client include receiving and seeking informati...

The Commercial Litigator and His Clientโ€™s Information Management Systems

October 18, 2018 | Blogs

It takes many systems (hardware, software and employee activities) to operate a modern lending insti...

Initial Coin Offering ICO
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...

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Planning Commercial Collection Litigation: A Primer

September 5, 2018 | Blogs

Consider the common commercial loan collection situation: a business debt collateralized by relative...

Financial Services Bank Building
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...

Online Theft
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 Lawyerโ€™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...

Ohioโ€™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...

Foreclosure Sign In Front On Modern House
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 โ€œBeltโ€ Interferes with the โ€œSuspendersโ€

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...

Family Financial Management, Mortgage And Payday Loan Or Cash Advance Concept : Loan Bags, Family In A House On Balance Scale, Depicts Short Term Borrowing, High Interest Rate Based On Credit Profile
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...

Bitcoin Cryptocurrency Security And Mining Concept. Safe Lock With Symbol Of Bitcoin On Circuit Board.
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: โ€œUnlimitedโ€ 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 Mortgageeโ€™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...

Initial Coin Offering ICO
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

January 10, 2018 | Blogs

SEC issues cease-and-desist order two days into the Munchee ICO, a sign the Commission is inchi...

Initial Coin Offering ICO
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...

Virtual Data Files Containing Cryptographic Keys
Blockchain Policy Update: LabCFTC Releases โ€œA CFTC Primer on Virtual Currenciesโ€

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 ...

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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 โ€“ State Law & Regulations

September 14, 2017 | Blogs

Depending on the state where the Bitcoin ATM operator sets up the business, the operator may โ€“ 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...

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...

Bitcoin Cryptocurrency Security And Mining Concept. Safe Lock With Symbol Of Bitcoin On Circuit Board.
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...

Initial Coin Offering ICO
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 ICO
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...

Financial Services Bank Building
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 popularโ€”they are frequently used instead of traditional bank accoun...

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...

Initial Coin Offering ICO
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 Yorkโ€™s DFS Narrows Proposed Cybersecurity Regulations

January 20, 2017 | Blogs

On September 13, 2016, the New York State Department of Financial Services (“NYDFS”) iss...

Big picture of finance, connecting the dots
Fintech Companies are No Longer in โ€œUnchartedโ€ 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...

Initial Coin Offering ICO
Itโ€™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 โ€œBlockchainโ€

October 13, 2016 | Blogs

It seems like everyone is discussing “blockchain,” but few have taken the time to really...

The Supreme Court At Sunset
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 recentlyย agreed to reviewย a case from the Second Circuit Court of Appeals holdin...

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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...

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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...

Kentucky Statehouse
What You Should Know About Kentuckyโ€™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 ...

Big picture of finance, connecting the dots
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...

Financial Credit Cards
A House Divided: U.S. District Court Splits on Whether Class Has a Private Right of Action Against โ...

November 18, 2015 | Blogs

Two class action lawsuits, Hucke v. Kubra Data Transfer LTD., Corp., No. 2-15-cv-14232-RLR, and &nbs...

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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...

Bitcoin Cryptocurrency Security And Mining Concept. Safe Lock With Symbol Of Bitcoin On Circuit Board.
Fedโ€™s Advice to Community Banks on Bitcoin: โ€œProceed โ€ฆ with Cautionโ€

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...

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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...

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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...

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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...

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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 Yearโ€™s Data Privacy Rulings May Hold For Future Consumer Class Action Lawsuits โ€“ Some ...

February 17, 2015 | Blogs

Frost Brown Todd has an active practice of experienced lawyers who regularly counsel clients on all ...

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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 ...

Big picture of finance, connecting the dots
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...

The Supreme Court At Sunset
Supreme Court Clarifies Borrowerโ€™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.  ...

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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 Courtโ€™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...

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