Electronic funds transfer liability: business convenience versus commercial reasonableness *

USA - March 27 2013
In a recent lawsuit rising from cyber account-takeover fraud, the defending financial institution won summary judgment on two issues of apparent…

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The changing face of criminal background checks a/k/a there are limits to the “get out of jail free card” for financial institutions *

USA - February 28 2013
Human Resource officers with banks and credit unions face unique professional challenges. While complying with the many general rules governing…

Co-authors: Brandon W. Gearhart.

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Kentucky Supreme Court changes the law on emotional damages *

USA - January 7 2013
Kentucky lenders are accustomed to facing an array of lender liability claims in actual and threatened litigation. But now our industry may face a new…

Co-authors: D. Christopher Robinson, Jeremiah A. Byrne.

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Should Kentucky banks include class action waiver clauses in their account agreements? *

USA - October 23 2012
A recent Kentucky Supreme Court decision, Schnuerle v. Insight Communications Co.,[1] declares that Kentucky courts may no longer strike down a Class Action Waiver Clause, found as part of a contractual Arbitration clause, based on a per se theory of unconscionability.

Co-authors: Katherine L. Huddleston.

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Notice of claim vs. statute of limitations on filing an action: defrauded account owner gets another day in court *

USA - August 6 2012
For the latest in judicial twists of logic, one only need turn to an Ohio appeals court decision. 

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