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OCC Provides a Path for FinTech Charters

August 24, 2018

Authors

Barry Hester and Ken Achenbach

OCC Provides a Path for FinTech Charters

August 24, 2018

by: Barry Hester and Ken Achenbach

On July 31, 2018, the OCC announced that it had finalized parameters for its new limited-purpose financial technology national bank charter and is ready to begin taking applications.  This release follows several years of formal deliberation on the topic and coincided with the release of a 222-page U.S. Treasury report on innovation.  Industry reactions have been wide-ranging – will this level the playing field or usher in a FinTech “apocalypse“?

Highlights of the OCC notice include:

GDPR Considerations for Community Banks

May 9, 2018

Authors

Barry Hester and Ken Achenbach

GDPR Considerations for Community Banks

May 9, 2018

by: Barry Hester and Ken Achenbach

The May 25, 2018, compliance effective date of the EU’s General Data Protection Regulation (GDPR) is just weeks away, and many U.S.-based companies have at least by now taken stock of their EU customer base and operations, and developed a baseline set of compliance plans.  For many, that might only entail a data inventory and controls that would ensure that changes to the company’s business

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Why Your Board Should Stop Approving Individual Loans

September 12, 2017

Authors

Jim McAlpin, Ken Achenbach and Jonathan Hightower

Why Your Board Should Stop Approving Individual Loans

September 12, 2017

by: Jim McAlpin, Ken Achenbach and Jonathan Hightower

In this the new era of banking, our clients are continually looking for ways to enhance efficiency and effectiveness at all levels of their organizations. This line of thinking has led to the revolution of the bank branch and the adoption of many new technologies aimed at serving customers and automating or otherwise increasing process efficiency. Perhaps most importantly, however, banks have begun to focus

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Frenemies: Gaining Efficiency Through Shared Services

September 8, 2017

Authors

Robert Klingler

Frenemies: Gaining Efficiency Through Shared Services

September 8, 2017

by: Robert Klingler

the-bank-accountthe-bank-accountBryan Cave colleagues Ken Achenbach and Sean Christy join Jonathan and me on this episode of The Bank Account to examine the ability of banks to gain efficiency through shared services.  Throughout the business environment, business are looking to out source all non-core competencies.  Ken and Sean explore the opportunity for banks to similarly explore the opportunity for banks to join forces to purchase outsourced services and invest in technology platforms together. By working together, banks

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Counter-Cyclical Thoughts About D&O Insurance

August 30, 2017

Authors

Ken Achenbach

Counter-Cyclical Thoughts About D&O Insurance

August 30, 2017

by: Ken Achenbach

It can be a challenge, when economic times are relatively good, to take time away from thinking about new opportunities to discuss topics like D&O insurance.  Even though I am biased, I’ll admit that, in those times, discussing the risks of potential liability and how to insure those risks can feel both a pretty unpleasant and a pretty remote thing to be discussing.  However, like all risk-related issues, it is precisely in those times when business is going well that a little bit of counter-cyclical thinking and attention can do the most good over the long haul.

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Regulators Tackle Board Effectiveness and Overdrafts

August 7, 2017

Authors

Robert Klingler

Regulators Tackle Board Effectiveness and Overdrafts

August 7, 2017

by: Robert Klingler

the-bank-accountthe-bank-account

On the latest episode of The Bank Account, Jonathan and Ken Achenbach discussed the Federal Reserve’s proposed supervisory expectations for boards of directors.

Before digging into the Federal Reserve’s proposed guidance, Jonathan and Ken first discussed the CFPB’s statistical analysis of frequent overdrafters.  As noted in the CFPB’s analysis, “very frequent overdrafters account for about five percent of all accounts at the study banks but paid over 63 percent of all overdraft and NSF fees.”  They

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Regulatory Supervision of Third Party Service Providers

June 26, 2017

Authors

Robert Klingler

Regulatory Supervision of Third Party Service Providers

June 26, 2017

by: Robert Klingler

the-bank-accountthe-bank-accountWith Jonathan and I attending the Georgia Bankers Association’s 125th Annual Meeting, Bryan Cave colleagues Ken Achenbach and Sean Christy broke into our podcasting studio to record an episode of The Bank Account looking at vendor negotiations through a regulatory lens.

The FDIC’s Office of Inspector General’s Report on Technology Service Provider Contracts provides another source of regulatory guidance that needs to be considered while negotiating vendor contracts.  Ken and Sean look at the

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Convenience vs. Compliance: Behavior-Driven Marketing of Credit Products

June 9, 2017

Authors

Robert Klingler

Convenience vs. Compliance: Behavior-Driven Marketing of Credit Products

June 9, 2017

by: Robert Klingler

the-bank-accountthe-bank-account Bryan Cave colleague Ken Achenbach joined Jonathan and me on the latest episode of The Bank Account for a discussion of the potential compliance issues associated with a behavior-driven marketing focus within financial services.  To borrow the immortal words of Salt-N-Pepa, should banks “Push it?  Push it real good?”

While new app technologies are allowing banks to market in new ways, we analyze many of the ways in which behavior-driven marketing already permeates our culture, and

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Georgia on my Mind: Changes in Banking Laws

March 29, 2017

Authors

Robert Klingler

Georgia on my Mind: Changes in Banking Laws

March 29, 2017

by: Robert Klingler

the-bank-accountthe-bank-accountOn March 28, 2017, Jonathan and I sat down with Bryan Cave Colleagues Ken Achenbach and Crystal Homa in the latest episode of The Bank Account for a discussion focused on legislative changes in Georgia affecting banks, including modifications to Georgia’s business judgement rule and the Department of Banking & Finance’s Housekeeping Bill.

While the bills we discuss await the Governor’s signature (and subsequent effectiveness – July 1 for the business judgement rule

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OCC’s New FinTech Charter

December 19, 2016

Authors

Robert Klingler

OCC’s New FinTech Charter

December 19, 2016

by: Robert Klingler

the-bank-accountthe-bank-accountJonathan and I were joined by Ken Achenbach for Episode 6 of The Bank Account in which we discuss the OCC’s newly announced special purpose charter for FinTech companies.

Among the topics covered in this discussion are how we view the OCC’s announcement, how existing banks may want to look at the announcement, and the largest challenge that we think may emerge for FinTech companies entering the banking space.

Unfortunately, the highlight of this episode… me completely cracking up

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