September 26, 2024 | Blogs

Entities that operate among or provide services to persons who provide consumer financial products o...

January 26, 2024 | Blogs

In line with the Consumer Financial Protection Bureau’s (CFPB) 2022 initiative to reduce “junk f...

October 12, 2023 | Blogs

The Consumer Financial Protection Bureau (CFPB or “Bureau”) announced its plans to raise the sta...

August 29, 2023 | Blogs

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

July 28, 2023 | Blogs

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

July 25, 2023 | Blogs

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

July 25, 2023 | Blogs

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

March 13, 2023 | Blogs

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

October 31, 2022 | Blogs

On September 30, 2022, the United States Department of Treasury’s Office of Foreign Assets Control...

July 14, 2022 | Blogs

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

July 13, 2022 | Blogs

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

July 11, 2022 | Blogs

News outlets and industry publications have been publishing information about recent “crypto winte...

June 23, 2022 | Blogs

Cryptocurrency has long been the digital Wild West—the legal system has been working to catch up t...

June 13, 2022 | Blogs

Following President Joe Biden’s outlining the national policy on digital assets and technologies, ...

June 8, 2022 | Blogs

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

May 20, 2022 | Blogs

Are decentralized autonomous organizations (DAOs) de facto general partnerships such that their “m...

April 19, 2022 | Blogs

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

March 25, 2022 | Blogs

The Department of Labor’s Employee Benefits Security Administration (DOL) issued Compliance Assist...

March 9, 2022 | Blogs

President Biden issued an Executive Order (the “Order”) earlier outlining the administration’s...

March 1, 2022 | Blogs

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

February 8, 2022 | Blogs

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

January 24, 2022 | Blogs

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

September 13, 2021 | Blogs

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

June 24, 2021 | Blogs

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

June 9, 2021 | Blogs

On May 12, a plaintiff sued Dapper Labs, Inc. and the CEO of Dapper Labs, alleging violation of secu...

May 5, 2021 | Blogs

On April 7, 2021, the Department of Financial Protection and Innovation (DFPI) published revised reg...

April 1, 2021 | Blogs

Your vendor wants to use A Blockchain “Smart Contract” for the transaction. Now what? At a glanc...

March 29, 2021 | Blogs

Kentucky has long been considered a national leader in the manufacturing industry given its low cost...

March 18, 2021 | Blogs

Distributed ledger technologies (DLTs) are becoming more prominent with applications across supply c...

February 4, 2021 | Blogs

A business’ routine and seemingly mundane operational practices can sometimes have material legal ...

January 29, 2021 | Blogs

In most cases, Tennessee merchants – and customers – pay processing fees on the total amount of ...

November 13, 2020 | Blogs

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

November 3, 2020 | Blogs

Bankers participating in the Paycheck Protection Program (PPP) must be aware of their reporting obli...

October 12, 2020 | Blogs

At a recent industry conference, Financial Crimes Enforcement Network (FinCEN) director Kenneth Blan...

August 31, 2020 | Blogs

On August 20, 2020, the Consumer Financial Protection Bureau (CFPB) and TD Bank, N.A. (“TD Bank”...

July 24, 2020 | Blogs

On July 22, 2020, the Office of the Comptroller of the Currency (“OCC”) released Interpretative ...

July 24, 2020 | Blogs

Effective July 15, 2020, Kentucky statutorily empowered its first “Blockchain Technology Working G...

July 16, 2020 | Blogs

Holders of unclaimed or abandoned property should familiarize themselves with their state’s proced...

July 13, 2020 | Blogs

One of the most important areas for banks and credit unions to master is the handling of situations ...

July 1, 2020 | Blogs

Many of our clients who provide goods or services on credit[1] have a form sales contract that inclu...

June 30, 2020 | Blogs

Two recent bankruptcy court cases remind counsel of the great importance of knowing the proclivities...

June 8, 2020 | Blogs

The Office of the Comptroller of the Currency (“OCC”) issued a Community Reinvestment Act (“CR...

April 22, 2020 | Blogs

A commercial lender’s favorite collateral is often a borrower’s accounts receivable. This collat...

April 22, 2020 | Blogs

Banks and their lawyers know that lender liability cases come in all shapes and sizes. One of the co...

April 16, 2020 | Blogs

Much discussion has been had during the past weeks with regards to assisting mortgage borrowers by a...

April 14, 2020 | Blogs

A Joint Statement[1], “Supervisory and Enforcement Practices Regarding the Mortgage Servicing ...

April 9, 2020 | Blogs

In early March 2020, FAT Brands, which includes Fatburger, Buffalo’s wings, Bonanza Steakhouse, an...

April 6, 2020 | Blogs

A thriving market exists for the transfer of troubled secured debt.  Recently, the Ohio Supreme Cou...

March 23, 2020 | Blogs

It seems like we are all remote bankers now. With branch operations restricted and teller lines clos...

March 18, 2020 | Blogs

Hailey Nolan, depository division director for Kentucky’s Department of Financial Institutions, to...

March 18, 2020 | Blogs

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

March 16, 2020 | Blogs

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

March 13, 2020 | Blogs

We are all feeling the trickle-down of the short-term effect of coronavirus on Wall Street markets. ...

March 11, 2020 | Blogs

Yesterday, March 10, Dr. Anthony Fauci, Director of the National Institute of Allergy and Infectious...

March 9, 2020 | Blogs

Bankers in the fintech space are familiar with the FFIEC’s Guidance recommending multi-factor auth...

February 28, 2020 | Blogs

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

February 7, 2020 | Blogs

Many banks and credit unions are only too well aware that they are the targets of an industry of pla...

January 30, 2020 | Blogs

Many states have a requirement that contracting parties treat each other with a minimum amount of fa...

January 24, 2020 | Blogs

The question of does a lien exist without a debt for it to secure is a complicated issue that unfort...

January 23, 2020 | Blogs

In two prior posts, I addressed several questions surrounding appeals in Ohio real estate foreclosur...

January 7, 2020 | Blogs

Governmental officials and cyber security experts currently anticipate that Iran’s responses to re...

January 6, 2020 | Blogs

On December 12, the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller o...

December 11, 2019 | Blogs

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

December 10, 2019 | Blogs

Loan servicers’ employees are human beings. Loan servicing employees use systems designed by other...

December 10, 2019 | Blogs

The increasing popularity of cryptocurrencies and other digital assets, most notably, Bitcoin and Et...

December 4, 2019 | Blogs

Four key federal banking regulatory agencies, joined by the Conference of State Bank Supervisors, is...

November 26, 2019 | Blogs

Opening remarks on liability. I enforce many unconditional and unlimited guaranty documents signed b...

November 19, 2019 | Blogs

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

November 18, 2019 | Blogs

Previously, I wrote blog posts on planning commercial litigation and the considerations involved in ...

November 18, 2019 | Blogs

A recent Court of Appeals decision is a good reminder for experienced lender’s litigation counsel ...

November 4, 2019 | Blogs

A lien in favor of the Internal Revenue Service (“IRS”) attaches to all the indebted party’s i...

October 25, 2019 | Blogs

The Securities and Exchange Commission (“SEC”) recently moved to sanction an ICO-related busines...

October 16, 2019 | Blogs

Last Friday, the Chairman of the U.S. Commodity Futures Trading Commission (CFTC), the Director of t...

In the News:

Publication: Cointelegraph

Authors: John S. Wagster

September 17, 2019 | Blogs

Should state Attorney General’s (AG’s) intrude in the private market place to influence the cho...

August 19, 2019 | Blogs

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

August 4, 2019 | Blogs

For the most part, U.S. governmental entities are allowing cryptocurrency regulation to evolve incre...

July 23, 2019 | Blogs

A well-crafted contract will be concise, clear, and avoid internal conflicts. In this last article o...

July 15, 2019 | Blogs

In this second article of our three-part series on payments contracts and drafting considerations, r...

July 8, 2019 | Blogs

Payment card networks are built on a web of contractual arrangements containing incentives and alloc...

July 5, 2019 | Blogs

Background Blockchain technology’s potential for disintermediation in the financial sphere has evo...

June 20, 2019 | Blogs

Lenders and their counsel know that it is important to properly describe the collateral on which a l...

June 2, 2019 | Blogs

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

May 29, 2019 | Blogs

There has been some significant activity recently involving the rights and obligations of junior re...

May 7, 2019 | Blogs

Uncounted dollars in money, goods and services are routinely transferred in reliance on the priority...

April 30, 2019 | Blogs

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

April 29, 2019 | Blogs

The old adage “no harm no foul” applies to tort litigation unless there is a statute or contract...

April 26, 2019 | Blogs

Over the years, I have often addressed questions related to IRS Form 1099-C titled Cancellation of ...

April 15, 2019 | Blogs

Earlier this year BB&T and SunTrust announced a merger that if completed will create the sixth-l...

April 3, 2019 | Blogs

For anyone who has been paying attention to the recent cryptocurrency craze globally and the growing...

April 2, 2019 | Blogs

Ohio and other states where Frost Brown Todd has offices have long had witness and/or notary require...

April 1, 2019 | Blogs

While the ICO market weathers a frigid crypto winter and awaits further regulatory clarity, many is...

March 4, 2019 | Blogs

The fortunes of those who owe you money can vary over the years. This blog post explores how Ohio ju...

February 27, 2019 | Blogs

The number of tech companies offering alternatives to traditional banks has increased severalfold in...

February 25, 2019 | Blogs

Experienced counsel who regularly litigate for or against federally chartered and regulated financia...

February 12, 2019 | Blogs

Collection lawyers know that sometimes their efforts, including litigation, are temporarily halted. ...

February 10, 2019 | Blogs

A security token offering (STO) is, as its name indicates, a public or private sale of a “security...

February 8, 2019 | Blogs

Frost Brown Todd attorneys Courtney Rogers Perrin and Joshua Lewis join Nick Sciple of the Industry ...

February 1, 2019 | Blogs

The Federal Communications Commission (FCC) recently issued an order approving new rules authorizing...

December 17, 2018 | Blogs

Ohio’s lis pendens statute is maddeningly simple. Ohio Revised Code section 2703.26’s two senten...

December 5, 2018 | Blogs

Good news! The Ohio legislature has offered financial institutions some legal protections in the for...

December 3, 2018 | Blogs

For nearly a decade, participants in the blockchain and cryptocurrency space have operated in a regu...

November 26, 2018 | Blogs

Students in the USA are taught that we have three branches of government; executive, legislative and...

November 21, 2018 | Blogs

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

October 22, 2018 | Blogs

A collection of litigator’s communications with the client include receiving and seeking informati...

October 18, 2018 | Blogs

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

September 12, 2018 | Blogs

As anyone launching an initial coin offering (ICO), token-generation event or whatever else they wan...

September 5, 2018 | Blogs

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

August 24, 2018 | Blogs

SAVE THE DATE: August 28, 2018, at 3:00 p.m. EST The growing importance of blockchain businesses, a...

August 9, 2018 | Blogs

On Friday, August 3, Governor Kasich signed Ohio Senate Bill 220, which acknowledges for the first t...

August 1, 2018 | Blogs

A lawyer’s usual task is to help solve the client’s current problem: resolve a dispute; ...

July 6, 2018 | Blogs

Lawyers representing creditors often compete with federal government claims against the same insolve...

June 19, 2018 | Blogs

A federal tax lien arises when the Internal Revenue Service takes administrative action to note in i...

June 6, 2018 | Blogs

A prior blog post analyzed Green Tree Servicing v. Asterino-Starcher, et al., 2018-Ohio-977 (Frankli...

May 30, 2018 | Blogs

Foreclosure cases often proceed without participation or significant defense by the obligor / mortga...

May 14, 2018 | Blogs

Deal lawyers often seek to insure an outcome using multiple approaches simultaneously; this is collo...

May 4, 2018 | Blogs

Internal Revenue Service liens attach to all a taxpayer’s “property and rights to proper...

May 1, 2018 | Blogs

When does a modification to or extension of a commercial loan constitute the act of opening a &ldquo...

April 26, 2018 | Blogs

Ohio Revised Code Section 1336.07 is Ohio’s codification of the “Remedies” section...

April 18, 2018 | Blogs

On April 17, 2018, New York Attorney General Eric T. Schneiderman (the “NY AG”) launched...

April 13, 2018 | Blogs

Guarantor was the spouse of a business owner. Spouse’s business opened a deposit account and a...

April 6, 2018 | Blogs

Defendant is a mother who received the news all parents of teenagers everywhere desire and fear: Con...

April 3, 2018 | Blogs

An Ohio residential loan and mortgage were made and recorded in 2008. After default, a foreclosure c...

March 27, 2018 | Blogs

Many entrepreneurs and existing companies exploring opportunities in the fintech space often experie...

March 14, 2018 | Blogs

The Financial Crimes Enforcement Network (FinCEN) appears to be taking steps to eliminate some of th...

January 10, 2018 | Blogs

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

November 15, 2017 | Blogs

On October 25, 2017, Plaintiff, Andrew Baker filed a proposed class action against Dynamic Ledger So...

October 20, 2017 | Blogs

The Commodity Futures Trade Commission’s (CFTC’s) recent publication of “A CFTC Pr...

October 16, 2017 | Blogs

On October 12, 2017, The West Virginia Supreme Court issued a decision in State of West Virginia ex ...

September 14, 2017 | Blogs

As previously discussed, Bitcoin ATMs are a growing industry, offering consumers great flexibility i...

September 14, 2017 | Blogs

Depending on the state where the Bitcoin ATM operator sets up the business, the operator may – or ...

September 14, 2017 | Blogs

The traditional ATM is a truly ubiquitous part of our culture. Although the first American ATM was n...

September 5, 2017 | Blogs

While recent announcements by Chinese and South Korean regulators may spark companies planning an in...

August 4, 2017 | Blogs

The first states to officially begin regulating blockchain technology and business did so in 2014, w...

July 31, 2017 | Blogs

Lost in the headlines over the SEC’s recent pronouncements on cryptocurrency was important pra...

July 27, 2017 | Blogs

The Financial Crimes Enforcement Network (FinCEN) takes first action against a foreign-located money...

July 26, 2017 | Blogs

Yesterday’s flurry of releases from the U.S. Securities and Exchange Commission leaves open th...

July 6, 2017 | Blogs

This article was originally published on July 7, 2017 in Bitcoin Magazine, a subsidiary of BTC Media...

May 11, 2017 | Blogs

West Virginia Governor Jim Justice has signed two bills (SB 344 and SB 563) into law that make signi...

April 28, 2017 | Blogs

On Wednesday, April 26, the Conference of State Bank Supervisors (the “CSBS”) filed suit...

March 23, 2017 | Blogs

Prepaid cards are increasingly popular—they are frequently used instead of traditional bank accoun...

March 2, 2017 | Blogs

On February 27, 2017, The Financial Crimes Enforcement Network (“FinCEN”) fined Merchant...

February 22, 2017 | Blogs

New Hampshire legislators may exempt people who provide money transfer services for virtual currency...

January 20, 2017 | Blogs

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

December 27, 2016 | Blogs

The Office of the Comptroller of the Currency (OCC), a subset of the U.S. Treasury Department, recen...

November 14, 2016 | Blogs

Medieval kings have something in common with cutting-edge software developers forking new applicat...

October 14, 2016 | Blogs

The Consumer Financial Protection Bureau (CFPB) recently issued a final rule, the “Prepaid Rul...

October 13, 2016 | Blogs

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

October 6, 2016 | Blogs

The Supreme Court recently agreed to review a case from the Second Circuit Court of Appeals holdin...

October 6, 2016 | Blogs

Defendants in putative class actions suits filed in federal court attempting recovery for data breac...

May 6, 2016 | Blogs

On May 5, 2016, the CFPB unveiled a proposed arbitration rule which would dramatically limit the con...

April 11, 2016 | Blogs

Tennessee has recently enacted some potentially far reaching changes to its data breach notification...

March 21, 2016 | Blogs

Despite the presence of an arbitration provision in a loan agreement or other document, a lender may...

January 29, 2016 | Blogs

On January 1, 2016, the Uniform Voidable Transactions Act (UVTA) was enacted in Kentucky and can be ...

November 25, 2015 | Blogs

Telemarketers are now prohibited from accepting four methods of payment that the Federal Trade Commi...

November 18, 2015 | Blogs

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

August 28, 2015 | Blogs

On July 10, 2015, the Federal Communication Commission (FCC) came out with new rules interpreting th...

July 27, 2015 | Blogs

Community Banks need to be aware of the risks posed by cryptocurrencies like Bitcoin, because their ...

July 22, 2015 | Blogs

After leaving the public, press, regulators, and lenders lingering for six months, the Supreme Court...

July 6, 2015 | Blogs

Regional and community Banks often serve as Issuer Banks by providing credit and debit cards to thei...

June 18, 2015 | Blogs

Much has been written of late about data breaches and the liabilities for the unauthorized acquisiti...

May 19, 2015 | Blogs

Many banks are now evaluating the pros and cons of using the new “.bank” domain.  F...

May 11, 2015 | Blogs

Does your company lease point-of-sale (POS) credit card terminals to customers in Tennessee?  O...

May 4, 2015 | Blogs

In a relatively unnoticed enactment of the Kentucky General Assembly, KRS § 382.290 a...

March 10, 2015 | Blogs

Following months of negotiations, the three largest national credit reporting agencies agreed to a s...

February 17, 2015 | Blogs

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

February 12, 2015 | Blogs

As the 2015 tax filing season begins, it is important that individuals and businesses understand the...

February 6, 2015 | Blogs

In State ex rel. U.S. Bank National Association v.  McGraw, Frost Brown Todd recently assisted ...

February 2, 2015 | Blogs

IRS Form 1042-S is a tax form for foreign individuals reporting income from a United States based so...

January 28, 2015 | Blogs

Those practicing in the payments space know that recorded judicial decisions are few and far between...

January 21, 2015 | Blogs

On January 13, 2015, the U.S. Supreme Court unanimously decided that a borrower may simply provide w...

January 16, 2015 | Blogs

In an important decision regarding financial institution claims for recovery of losses resulting fro...

January 9, 2015 | Blogs

Towards the end of 2014, two new national savings laws were signed by President Barack Obama.  ...

January 22, 2013 | Blogs

            Edwina McDunnough decides to open a baby bo...

September 7, 2010 | Blogs

In Hurley v. Deutsche Bank Trust Co. Americas, the plaintiff, an active member of the military serv...