Publications

Articles on Banks and Banking

Bank not negligent for processing fraudulent check

October
2013
Illinois Law Update
Page 504
On July 31, 2013, the Third District Appellate Court held that a bank does not owe a common law duty of reasonable care when processing a fraudulent check.

Every lawyer’s guide to Illinois banking law.

By Chad Montgomery and Ranti Oseni
September
2013
Column
Page 484
Does a bank owe a fiduciary duty to depositors? Do usury laws put a cap on the interest rates banks can charge? Learn the often surprising answers to these and other banking-law questions.

Refusal to honor POA for property; six-juror DUI trials.

September
2013
Column
Page 483
What if the bank won't accept your client's valid POA for property? Might six jurors be better than 12 for your DUI trial? Here's what other lawyers think, based on Qs and As gleaned from ISBA discussion groups.

Amendments to the Illinois Banking Act authorize derivative transactions

August
2013
Illinois Law Update
Page 392
The Illinois Department of Financial and Professional Regulation (the "Department") recently adopted amendments that authorize state chartered banks and state chartered savings banks to engage in derivative transactions. 38 Ill. Adm. Code 330.

State agencies must use direct deposits to make employee payroll and some other payments. PA 097-0348

December
2011
Illinois Law Update
Page 610
Illinois lawmakers have amended the State Comptroller Act to require state agencies to use direct deposits in making payments to its employees and some vendors. (15 ILCS 405/9.03)

New IOLTA requirements effective September 1

By Helen W. Gunnarsson
September
2011
LawPulse
Page 434
The amended rule forbids non-interest bearing pooled accounts, imposes new recordkeeping requirements, and obliges banks to report trust-account overdrafts.

Banks and Federal Grand Jury Subpoenas: Resolving the Hobbesian Dilemma

By Michael G. Cortina
April
2006
Article
Page 200
Try not to let your bank clients get caught between the conflicting dictates of state and federal privacy laws.

No state-law claims of usury against a national bank

January
2006
Illinois Law Update
Page 16
On November 10, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, granting summary judgment for defendant EquiCredit Corp of America.

The trial court’s judgment that the plaintiff did not negligently contribute to the forgery of checks was not against the manifest weight of the evidence when the plaintiff took reasonable precautions; in a claim of breach of presentment of warranties, pr

October
2003
Illinois Law Update
Page 492
On June 25, 2003, the Appellate Court of Illinois, First District, affirmed the orders of the Circuit Court of Cook County entering judgment against MidAmerica Bank (MidAmerica) and in favor of Clean World Engineering, Ltd. (Clean World), and granting the third-party defendant's, TCF Bank Illinois (TCF),motion for summary judgment against MidAmerica.

The Gramm-Leach-Bliley Act: Does it Apply to You?

By Aaron W. Brooks and Megan G. Heeg
August
2002
Article
Page 412
Many argue that GLBA's disclosure and other requirements apply to lawyers. Here's what to do.

Don’t Let Your Client Be Labeled a Predatory Lender

By Mavis W. Kennedy
November
2001
Article
Page 595
A review of federal and state predatory-lending laws, including new regulations from the Illinois Office of Banks and Real Estate.

Make Your Banker Your Partner

By Paul Sullivan
November
2001
Column
Page 599
Need a loan to grow your practice or even out cash flow? Here's what your banker has to offer and what you'll be asked to provide in return.

The Lawyer’s Journal

By Bonnie C. McGrath
August
2001
Column
Page 394
Name-calling brief writers get a pass; Gramm-Leach-Bliley may require lawyers to send privacy notices; and more.

High risk home loans

July
2001
Illinois Law Update
Page 342
On May 17, 2001, the Illinois Office of Banks and Real Estate (office) adopted a new provision to section 345 of the Illinois Administrative Code. 38 Ill Adm Code 345.

Default and foreclosure rates on conventional loans

March
2001
Illinois Law Update
Page 116
On December 15, 2000, the Illinois Office of Banks and Real Estate (OBRE) adopted emergency rules and amendments to sections 345, 1000, and 1050 of the Illinois Administrative Code.

Distinguishing Between Securities Accounts and Deposit Accounts Under the UCC

By René Ghadimi
December
2000
Article
Page 719
This article discusses the important and sometimes elusive distinction between the two accounts.

Confidential supervisory information disclosure

October
2000
Illinois Law Update
Page 563
On July 28, 2000, the Illinois Office of Banks and Real Estate adopted new sections to section 325 of the Illinois Administrative Code. 38 Ill Adm Code 325.

College Savings Pool

July
2000
Illinois Law Update
Page 380
On March 24, 2000, the Illinois Treasurer's Office adopted emergency rules to section 2500 of the Illinois Administrative Code. 23 Ill Adm Code 2500.

New law protects consumers from predatory lenders ; P.A. 91-698

July
2000
Illinois Law Update
Page 380
Public Act 91-698, which became effective when signed on May 6, is designed to protect Illinois consumers from predatory lenders by authorizing the Department of Financial Institutions and the Office of Banks and Real Estate to promulgate rules regulatin regulating the activities of lenders they license.

The Lawyer’s Journal

By Bonnie McGrath
February
2000
Column
Page 62
Banks and title insurance; fees for foiled FOIA requests; crafting affirmative action plans; and more.

State treasurer may create a college savings pool that involves financial institutions ; P.A. 91-607

January
2000
Illinois Law Update
Page 16
Public Act 91-607 creates a state-administered “College Savings Pool” that provides federal tax benefits to participants.

Bank not guilty of negligent misrepresentation when plaintiff’s reliance on alleged statements by bank employee was unreasonable

December
1999
Illinois Law Update
Page 636
On October 21, 1999, the Seventh Circuit of the United States Court of Appeals affirmed the judgment of the bankruptcy court that the plaintiff, Michael Rovell.

The Lawyer’s Journal

By Bonnie McGrath
October
1999
Column
Page 514
Insurance policies and the discovery rule; read the fine print.

Plain English as a Second Language: Will It Become Second Nature at the SEC?

By Carla E. Laszewski
October
1999
Article
Page 536
An explanation of the SEC's plain English disclosure rules and why the agency advocates their use.

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