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Indiana Senate Bill Would Replace LIBOR When Necessary

By: Ann Marie Woolwine and Kyle P. Chambers on January 28, 2022

Trillions of dollars are tied up in lending contracts that rely on the London Interbank Offered Rate (“LIBOR”) as their benchmark rate. On June 30, 2023, LIBOR will no longer be published in any capacity.1 Many LIBOR-based contracts contain inadequate provisions, or none at all, to deal with the…

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Overview of New Federal COVID-19 Vaccination Requirements for Employers (Podcast)

By: Shelley M. Jackson and George C. Lepeniotis on November 17, 2021

Employment Practice attorney Shelley M. Jackson discusses the new vaccination requirements for employers with over 100 employees.

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Mandatory Federal Registration Requirement for High-Volume Paper Bankruptcy Notice Recipients Effective December 1, 2021

By: C. Daniel Motsinger on November 12, 2021

As noted recently by some United States Bankruptcy Courts, effective December 1, 2021, the Director of the Administrative Office of the United States Courts (the “AO”) has designated any entity that receives 100 or more paper bankruptcy notices in a single calendar month as a high-volume paper…

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Federal Agency Raises Lending Concerns Within Hemp Industry

By: Kendall A. Schnurpel and Kyle P. Chambers on August 18, 2021

On July 12, 2021 the U.S. Farm Credit Administration (“FCA”), the federal agency that regulates farm lending, issued an informational memorandum (“Memo”) to its network of farm credit institutions. The Memo recommends considerations when deciding whether to provide financing to farmers seeking to…

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Biden Administration Issues Executive Order on Promoting Competition (Podcast)

By: Scott S. Morrisson, Elizabeth M. Roberson, and George C. Lepeniotis on July 21, 2021

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Arbitration Clauses: Things Every Financial Institution Should Consider Before Agreeing to Arbitrate [WEBINAR]

By: Libby Yin Goodknight, Scott S. Morrisson, and Brett J. Ashton on June 23, 2021

Partners Libby Yin Goodknight, Scott S. Morrisson, and Brett J. Ashton hosted a webinar on Arbitration Clauses: Things Every Financial Institution Should Consider Before Agreeing to Arbitrate. A recording of the webinar and the slides from the presentation are available here. 

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Want to Change a Joint Account? Put it in Writing!

By: Micah J. Nichols and William J. Barkimer on May 26, 2021

Recently, the Indiana Court of Appeals issued an opinion that offers some guidance on how to properly change a joint account with rights of survivorship while living.

In Solomon v. Lindsey, 163 N.E.3d 302 (Ind. Ct. App. 2020), Paul Martin (“Martin”) opened an account with Rydex Series Trust. On the…

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CFPB Proposes Two Measures to Address Ongoing COVID-19 Pandemic Concerns

By: Maria Vladimirova Geltz on May 13, 2021

Proposed Rule to Postpone Implementation of Debt Collection Final Rules to January 29, 2022

In late 2020, the United States Consumer Financial Protection Bureau (“CFPB”) issued final rules to revise Regulation F, 12 C.F.R., part 1006, which implements the federal Fair Debt Collection Practices Act…

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SEA 370 Signed Into Law, Effective Immediately

April 23, 2021

Indiana Governor Holcomb signed Senate Enrolled Act 370 into law yesterday, providing a clear restatement of the statute of limitations to be applied for purposes of resolving disputes regarding deposit accounts. As we have written extensively over the past two years, Indiana’s banks and credit…

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Secure and Fair Enforcement (SAFE) Banking Act Passes U.S. House…Again

By: Kendall A. Schnurpel and Kyle P. Chambers on April 20, 2021

On Monday, April 19, 2021, the U.S. House of Representatives passed the Secure and Fair Enforcement Banking Act of 2021 (the “Act”).  The legislation was reintroduced in Congress in late March through a bipartisan effort involving members of both the U.S. House of Representatives (House) and the…

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Supreme Court Confirms that to Violate the TCPA your Automatic Telephone System Must Use a Random or Sequential Generator

By: Scott S. Morrisson, Brett J. Ashton, and Blake P. Holler on April 7, 2021

The TCPA Issue

There has been a significant amount of litigation over the past few years regarding the Telephone Consumer Protection Act (“TCPA”) on the issue of whether banks or credit unions are violating the TCPA when they call their customers using certain automatic telephone…

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The Illinois Predatory Loan Protection Act is Signed into Law - Regulatory FAQ and PLPA Reporting Notice Released

By: Brett J. Ashton on March 29, 2021

On March 23, 2021 Illinois Governor J.B. Pritzker signed Senate Bill 1792 ("SB 1792") into law, making the “Illinois Predatory Loan Prevention Act” (“PLPA” or the “Act”) immediately effective. The PLPA is a far reaching law that every lender directly, or even indirectly conducting business in…

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