Show navigation

Available in:

OnDemand Course

Pre-emption Standards and the Dodd-Frank Act: Past, Present and Future

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), signed into law in 2010, contains a series of regulatory reforms aimed in part to combat what was perceived as lax financial regulation that led to the recession of the late 2000s. One way the Dodd-Frank Act seeks to tighten the reins on national banking institutions is by strengthening the legal standards for the pre-emption of state laws, making it harder for banks to avoid liability under state law. Whereas prior to Dodd-Frank's enactment, national banking institutions enjoyed heavy deference in the area of pre-emption of state laws, Dodd-Frank curbs this deference by requiring a case by case determination of pre-emption and requiring that a state consumer financial services law conflict with the exercise of a national bank's powers before the state law can be pre-empted. Further, the Dodd-Frank Act strips subsidiaries of national banks of the same pre-emption protection enjoyed by national banks and subjects federally-chartered savings banks and federally-regulated savings associations to the same pre-emption standards as those applicable to national banks. The mandated case by case determination standard injects much uncertainty into the pre-emption analysis and ensures much pre-emption litigation for years to come. This OnDemand Webinar will examine the changes in the pre-emption standards and the resulting effects on financial institutions.

Learning Objectives:

  • You will be able to review the new pre-emption standards under the Dodd-Frank Act.
  • You will be able to discuss recent decisions from various courts interpreting the new preemption standards.
  • You will be able to explain how the changes in the preemption standards will affect financial institutions.
  • You will be able to recognize state initiatives for changing federal law.

Runtime: 84 minutes
Purchase Options

More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Pre-Emption Standards Prior to the Passage of the Dodd-Frank Act

  • The OTS Occupy the Field Standard
  • The OCC Case-by-Case Standard

The New Pre-Emption Standards Under the Dodd-Frank Act

  • Subsidiary Pre-Emption Eliminated
  • State Visitorial and Enforcement Power Expanded
  • Bank and Thrift Pre-Emption Standards and Procedures Clarified
  • State Initiatives for Changing Federal Law

Recent Decisions From Various Courts Interpreting the New Pre-Emption Standards

How the Changes in the Pre-Emption Standards Will Affect Financial Institutions

Purchase Options

More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on May 13, 2013.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Purchase Options

More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

David Elliott

David Elliott

Burr & Forman LLP

  • Partner in the Birmingham, Alabama office of Burr & Forman LLP
  • For more than 24 years, he has successfully represented lenders in hundreds of actions involving all types of litigation
  • Experience includes individual, mass and class actions, and ranges from common law lender liability claims to statutory actions under FCRA, HOEPA, RESPA, TILA and the FDCPA
  • Has also extensive experience with enforcing arbitration agreements and with corresponding litigation before various arbitration associations
  • Chair of Burr & Forman LLP's Financial Services Litigation Groups
  • Listed in Best Lawyers in America for Commercial and Banking Litigation and in Super Lawyers for Business Litigation
  • Writer of Burr & Forman's Dodd-Frank newsletter, and has written numerous articles and speaks frequently on the Dodd-Frank
  • Graduate, University of Virginia and the Vanderbilt School of Law
  • Can be contacted at 205-458-5324 or [email protected]
Richard Keller

Richard Keller

Burr & Forman LLP

  • Partner in the Birmingham, Alabama office of Burr & Forman LLP
  • For almost 20 years, he has successfully represented banks and other lenders across the country in all areas of statutory and common law litigation, including claims asserted under TILA, RESPA, FDCPA, FCRA, ECOA and the CROA
  • Also has extensive experience in consumer bankruptcy litigation, class action litigation and enforcing arbitration agreements, and has tried hundreds of matters in various arbitration forums
  • Licensed in Alabama, Florida, Mississippi, South Carolina and Tennessee
  • Listed in Super Lawyers for Business Litigation
  • Has written articles and given presentations on the Dodd-Frank Act
  • Graduate, United States Air Force Academy and the University of Alabama School of Law
  • Can be contacted at 205-458-5323 or [email protected]
Purchase Options

More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

Sign Up Today
With This Course

Access to all training products for one year
$699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.

Product ID: 391924
Published 2013
Purchase Options

Available in Multiple Formats

Purchase this course and learn on your schedule!