Banking & Finance

  • Recent High Court Decision Could Impact Loan Agreements
    2018-02-02

    Recent High Court Decision Could Impact Loan Agreements

    On Dec. 7, 2017, in a case styled as Tilley v. Malvern Nat’l Bank, 2017 Ark. 343, the Arkansas Supreme Court ruled that certain contractual provisions providing for the waiver of a jury trial are unenforceable. The Supreme Court reasoned in part that waiving the right to a jury trial before litigation arises is unconstitutional.

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  • Supreme Court Decision "Caught Most of Us Off Guard," Says Attorney
    2017-12-18

    Supreme Court Decision "Caught Most of Us Off Guard," Says Attorney

    Attorney Robert Smith was interviewed by Arkansas Business regarding a recent Arkansas Supreme Court decision that determined pre-dispute contractual waivers of the right to a jury trial are unenforceable under the Arkansas Constitution.

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  • Recent Court Decision Could Impact Loan Agreements
    2017-12-15

    Recent Court Decision Could Impact Loan Agreements

    In an opinion delivered on December 7, 2017, the Supreme Court of the State of Arkansas determined, for the first time, that pre-dispute contractual waivers of the right to a jury trial are unenforceable under the Arkansas Constitution. This opinion could have a significant impact on the method of the dispute resolution among parties to commercial contracts, including loan agreements between Arkansas banks and their customers.

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  • Arkansas Business Features Article by Attorney Robert Smith
    2017-06-13

    Arkansas Business Features Article by Attorney Robert Smith

    Robert Smith's article on CIBC Act compliance challenges was featured this week in Arkansas Business. According to Robert, the federal Change in Bank Control Act may be the most often overlooked — and one of the most often violated — of all banking regulations. Inadvertent violations have grown more common given the increase in estate planning-related stock transfers by shareholders planning the next generation of ownership. Complex ownership structures often make it difficult to determine whether a filing is required. A review of the act's basic requirements suggests some steps to avoid problems.

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