Legal Briefs

GAO’s Green Book has been updated effective fiscal year 2026 The Judicial Erosion of Federal Preemption: National Association of Industrial Bankers v. Weiser and the DIDMCA Opt-Out The OBBBA Auto Interest Provisions GAO’s Green Book has been updated effective fiscal year 2026 By Pauli Loeffler Standards for Internal Control in the Federal Government—known as the Green Book—sets the standards for …

Oklahoma Revocable Trust Law: Oklahoma Trust Act vs. Oklahoma Uniform Trust Code By Scott Thompson This article compares Oklahoma’s current legal framework for revocable trusts, primarily under the Oklahoma Trust Act, against the provisions of House Bill 1850 (“HB 1850”), which enacted the Oklahoma Uniform Trust Code (“OUTC”), now codified at 60 O.S. § 1601.1 et seq. The goal is …

The GENIUS 0Act and the Stable Coin ERA Oklahoma’s corporations law Consumer Credit Code (“U3C”) Surcharges The GENIUS ACT and the Stable Coin ERA By Scott Thompson The passage of the Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act) represents a potential defining moment for the traditional American financial system. This landmark legislation has officially brought stablecoins—digital …

Pennies By Pauli Loeffler I have gotten numerous questions from bankers regarding guidance as these coins will be phased out.  I had one banker tell me that she had heard that “rounding” down was not acceptable.  When I asked the source of this information, she had received it by word of mouth. I found nothing to support this assertion and …

Legal Briefs Index (PDF) September 2025 OBA Legal Briefs August 2025 OBA Legal Briefs No July 2025 OBA Legal Briefs June 2025 OBA Legal Briefs May 2025 OBA Legal Briefs April 2025 OBA Legal Briefs March 2025 OBA Legal Briefs February 2025 OBA Legal Briefs January 2025 OBA Legal Briefs December 2024 OBA Legal Briefs November 2024 OBA Legal Briefs …

The Bankers Right of Setoff Returning Checks within the Midnight Deadline – Part I The Bankers Right of Setoff By Scott Thompson Introduction: Setoff in the Banking Context The relationship between a bank and its customer is fundamentally built on mutual obligations. When a customer deposits funds, the bank becomes a debtor to the customer.  When a customer borrows money …

August 2025 In this issue: Where can I find… Supreme Court Opinions Impacting Banking and Financial Services: October Term 2024-2025 Review Where can I find… By Pauli Loeffler General principles Before going into the specifics, let’s sketch out some general principles about the laws and regulations that impact your business, one way or another. We will start by talking about …

In this issue: Banker Q&As Changes in UCCC amounts effective 7/1/25 Banker Q&As Some of the questions submitted to the OBA’s Compliance team are asked with some frequency by our members. We’ve gathered some of these questions and responses to assist you when similar situations present themselves. Altered check, indorsement claim Q. We had a large check ($40,275.60) that the …

May 2025 Lawsuits of interest Banker Q&As Joint ownership, divorce, and death Right of rescission, recording mortgage TRID closing disclosure Coming in the June 2025 OBA Legal Briefs – Uniform Consumer Credit Code Dollar amount changes Lawsuits of interest By Scott Thompson One of the things I try to do is keep track of lawsuits that might have an impact …

April 2025 EFS Central Filing Update on the McGirt decision Banker Q&As Medicaid Income Pension Trust Disclosures Advertising free checking Who can remove signers on LLC or corporate account? IRA contributions, owner in RMD EFS Central Filing By Scott Thompson If you have read one of Adrian’s legislative updates this year will have seen mention of SB 988. This bill …