ANN GRAHAM
Selected Recent Publications:
Reforming the Secondary Mortgage Market , 35 HAMLINE L. REV. 327 (2012).
Law and Border: The Seven-Hundred-Mile-Fence Proposal and the Rule of Law , HISPANICS IN THE
SOUTHWEST (Alfredo H. Benavides et al. eds., 2011) – Book Chapter.
The Consumer Financial Protection Agency: Love It or Hate It, U.S. Financial Regulation Needs It,
55 VILLANOVA L. REV. 603 (2010).
Bringing to Heel the Elephants in the Economy: The Case for Ending “Too Big to Fail,”
8 PIERCE L. REV. 117 (2010).
Searching for Chevron in Muddy Watters: The Roberts Court and Judicial Review of Agency Regulations ,
60 ADMIN. L. REV. 229 (2008).
Chevron Lite: How Much Deference Should Courts Give to State Agency Interpretation?
68 LA. L. REV. 1105 (2008).
Where Agencies, the Courts, and the Legislature Collide: Ten Years of Interpreting the Texas Constitutional
Provisions for Home Equity Lending , 9 TEX. TECH ADMIN. L. J. 69 (2007).
Notable Books:
BANKING LAW - Volume 1 (Matthew Bender), cited in Watters v. Wachovia Bank, N.A., 127 S. Ct. 1559, 1575, n. 8 (2007).
Recent Presentations:
Southeastern Association of Law Schools (SEALS) (Aug. 1-7, 2014)
Moderator: Corporate Compliance after the Crisis
Presenter: Perspectives on Teaching Corporate Social Responsibility
Southeastern Association of Law Schools (SEALS) (Aug. 4-10, 2013)
Presenter:
Presenter:
Presenter:
Interdisciplinary Law Courses – Corporate Governance
Dealing with the Financial Crisis – Consumer Financial Protection
Corporate Social Responsibility (or Irresponsibility) in Recessionary America – Living Wage
Southeastern Association of Law Schools (SEALS) (July 29-Aug. 4, 2012)
Moderator:
Presenter:
Current Issues in Consumer Financial Protection & Financial Regulation
Business Law Disclosure Issues in the Wake of the Financial Crisis
Emerging Economies in Globalized Financial Markets Conference hosted by Martin Luther University, Halle,
Germany, (June 21 & 22, 2012) in connection with Ph.D. program on global financial markets and international financial stability at the University Jena and the University Halle;
Invited speaker, selected through Call for Papers
My paper:
“Towards an Efficient and Effective Financial Regulatory Structure: The US, the UK, and
Turkey” , Link to Conference Program: http://www.gfinm.de/images/stories/conference%20emerging%20economies%20in%20globalized%20financi al%20markets%20-%20agenda.pdf
Hennepin County Minnesota Bar Association : Executive Compensation Clawbacks (Mar. 20, 2012)
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REFORMING THE SECONDARY MORTGAGE MARKET - Symposium Organizer
– Hamline University Business Law Institute & Hamline Law Review (Oct. 3, 2011)
Author: Secondary Mortgage Market Issues: An Introduction
(Symposium Issue: 35 HAMLINE L.REV. Issue 2 – Spring 2012)
Symposium program details at http://www.hamline.edu/law/bli/hlr-mortgage-reform-symposium/
Southeastern Association of Law Schools (SEALS) (July 25-28, 2011) – Three presentations:
“Consumer Financial Protection Bureau: Besieged at Every Turn”
“Federal Preemption under Dodd-Frank: Serious Set-Back or Status Quo?”
“Janus Capital: Driving a Big Truck through 10b-5”
Canadian Law and Economics Association Annual Conference (Sept. 28, 2011), Toronto, Canada
Invited speaker, selected from Call for Papers
My paper: Lessons from Canada: Crisis-Proofing a National Financial System
Hennepin County Minnesota Bar Association : Dodd-Frank: Current Status (Sept. 20, 2011)
Texas Association of Bank Counsel Annual Convention (April 1, 2011)
Federal Preemption after Dodd-Frank: Serious Setback or Simply a Speed Bump?
American Bankers Association – Telephone Seminar Panelist:
OVERDRAFT RULES PART II: INTERPRETING THE NEW FDIC GUIDANCE (Feb. 8, 2011) http://www.americanbanker.com/webseminars/-1030705-1.html
Federal Reserve Bank of St. Louis: A DISCUSSION ON REGULATORY REFORM (Dec. 7, 2010)
Consumer Financial Protection Bureau: Besieged at Every Turn
Villanova University School of Law Symposium on Financial Regulatory Reform (Oct. 10, 2009)
Consumer Financial Protection Agency: Is a New Super-Agency the Way to Go?
Texas Bankers Association Annual Legal Seminar (Spring 2008)
Fair and Accurate Credit Transactions Act (FACTA) – New Regulations
University of Connecticut School of Law - Workshop on Banking & Consumer Financial Services Law,
How to Eat an Elephant: A Federal Banking Agency Nibbles Its Way to Power (May 28, 2008)
Oxford Roundtable , Oxford University (Aug. 2008)
NAFTA, 9/11, and the U.S. Subprime Mortgage Meltdown: A Deadly Combination from the Human Rights Perspective
34 th , 35 th , and 36 th Annual Texas Tech Bank School (Aug. 2007, Aug. 2008, Aug. 2009)
Legal & Legislative Update for Bankers
FEDERAL PREEMPTION IN THE FINANCIAL INSTITUTIONS ARENA: Symposium Organizer
Texas Tech University School of Law (Spring 2006)
Presentation: Preemption 101
Texas Savings & Community Bankers Association/Independent Bankers Association of Texas -
Annual Legal Conference - Conference Chairman (March 30-31, 2006)
Presentation & Paper: Predatory Lending & Subprime Lending: Can We Banish the Evil Stepsister without
Strangling Cinderella?
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Selected Short Articles and Editorials:
Considering the Mexican Bribery Scandal: Good Thing Wal-Mart Didn’t Get a U.S. Bank Charter ,
AMERICAN BANKER (April 26, 2012)
Wal-Mart’s Storm Could Have Hit Here , MINNEAPOLIS STAR TRIBUNE (April 29, 2012)
It’s about Time We Gave Consumers a Fair Shake , USA TODAY (May 21, 2010)
Fair and Accurate Credit Transactions Act (FACTA) Update , LexisNexis “Expert Commentaries”
(Spring 2008)
Waiver of Corporate Attorney-Client Privilege, Texas Lawyer (Feb. 2007)
Federal Preemption: Most Important Banking Law Issue for 2006 , Texas Lawyer (Dec. 2006)
Quoted in Recent News Articles:
David Phelps, “Meter Still Running in Fees for Petters Fraud Case,” MINNEAPOLIS STAR TRIBUNE
(June 29, 2014).
David Phelps, “Convicted Ponzi Schemer Petters Secures Hearing Over Plea Deal,” MINNEAPOLIS STAR
TRIBUNE (Aug. 11, 2013).
Jim Spencer, “Franken Urges New Rules for Ratings Agencies,” MINNEAPOLIS STAR TRIBUNE (Feb. 14, 2013).
Joe Adler and Rachel Witkowski, “Are Regulatory Orders Against JP Morgan Just a Slap on the Wrist?”
AMERICAN BANKER (Jan. 13, 2013).
Jim Spencer, “A Plea for Tax Fairness from Small Businesses,”
MINNEAPOLIS STAR TRIBUNE (Dec. 23, 2012).
Greg Farrell and Tiffany Kary, “Standard Chartered Faces Fed Probes after N.Y. Deal,”
BLOOMBERG BUSINESS WEEK (Aug. 14, 2012).
Article also appeared in:
YAHOO! FINANCE (Aug. 14, 2012);
SAN FRANCISCO CHRONICLE (Aug. 15, 2012); and
WASHINGTON POST (Aug. 15, 2012).
Vasudevan Sridharan, “Standard Chartered To Pay $340m Fine over Iran Deals,”
INTERNATIONAL BUSINESS TIMES (Aug. 15, 2012).
Steven Berk, “Recidivist Money Launderer Standard Chartered Bank Walks Away with a Slap on the Wrist,”
CORPORATE OBSERVER (Aug. 17, 2012).
Shira Schoenberg, “Sen. Scott Brown heading to the Cape for fundraiser hosted by former Lehman Bros. VP,”
MassLive.com
(Aug. 17, 2012) [commenting on the Volcker Rule].
David Phelps, “Cleanup of Petters Case Has Become a Fee Fest,”
MINNEAPOLIS STAR TRIBUNE (Aug. 12, 2012)
[commenting on attorney fees in complex bankruptcy cases].
Noah Bierman and Michael Levenson, “Senator Brown Sought to Loosen Bank Rules,”
BOSTON GLOBE (June 4, 2012) [commenting on the Volcker Rule].
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Robert Barba, “Somali-Americans’ Remittance Demands Put Banks in Bind,”
AMERICAN BANKER (May 10, 2012).
Rachel Witkowski, “Regulators Gearing Up for New Bank Secrecy Push,”
AMERICAN BANKER (April 16, 2012).
David Phelps, “Dueling Trustees Wrestling in Courts over Trustees Profits,” MINNEAPOLIS STAR TRIBUNE ,
(April 7, 2012).
Jim Hammerand, “Maslon Advises Charitable For-Profits,” MINNEAPOLIS/ST. PAUL BUSINESS JOURNAL
(Feb. 17, 2012) [commenting on corporate social responsibility].
Minnesota Public Radio Interview, “County Treasurer: Fannie Mae and Freddie Mac Owe Back Taxes,”
Market Place Report (July 20, 2011).
David Streitfeld and John Collins Rudolf, “States Are Pondering Fraud Suits Against Banks,” N.Y. TIMES
(Nov. 2, 2009).
PREVIOUS BANKING LAW PROFESSOR BLOG: 2006-2013
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BOOKS, ARTICLES & SPEAKING ENGAGEMENTS – 1991-2004
"The Application Process", Chapter 3, BANKS AND THRIFTS: GOVERNMENT ENFORCEMENT AND
RECEIVERSHIP (B. Zisman, editor, 1991), description available at http://www.amazon.com/Banks-
Thrifts-Enforcement-Receivership-ebook/dp/B00904KPXY#reader_B00904KPXY (last visited Oct.
5, 2012).
"Fair Lending - An Overview (Four Part Series), BANKERS DIGEST (Nov. 15, Nov. 22, Nov. 29 and Dec. 6, 1993).
INTERNATIONAL BANKING: BANK REGULATION AND TRADE FINANCE (Matthew Bender, 1994 and
1995 Eds.) (Part of Matthew Bender’s multi-volume BANKING LAW – out of print).
SECONDARY MORTGAGE MARKET GUIDE (Matthew Bender, 1994 Ed.) (out of print).
BANKING LAW - VOLUME I (Matthew Bender, 1994, 1995, 1996, & 1997 Eds.) (out of print), description available at http://www.amazon.com/Banking-Law-Ann-Graham/dp/0820510521 (last visited Oct. 5, 2012), cited in Watters v. Wachovia Bank, N.A., 127 S. Ct. 1559, 1575, n. 8 (2007).
"Compliance Issues and Fair Lending" - Materials and Training Course for American Institute of Banking ("AIB") -
Gulf Coast Chapter (December 9, 1993).
"Records Retention" - Materials and Training Course for AIB*Houston (January19, 1994 and February 7, 1996).
"Bank Secrecy Act" - Materials and Training Course for National Bank Personnel (February 8 & 9, 1994).
"Real Estate Lending Regulation" - Materials and Training Presentation for AIB*Central Texas (May 12, 1994).
"Truth in Lending: Regulation Z" - Materials and Training Presentation for AIB*Central Texas (May 24, 1994).
"Bank Secrecy Act: Compliance Audit Procedures and Training Issues" - Materials and Training Presentation for
Independent Bankers' Association of Texas (June 23, 1994).
"Bank Secrecy Act Compliance" - Materials and Training Presentation for Austin Area Bankers Compliance Association
(August 16, 1994).
"Currency Transaction Reports & Criminal Referral Forms" - Materials and Presentation for Texas Association of Bank
Counsel - 19 th Annual Convention (October 12, 1995).
STATE BAR LEADERS CONFERENCE - Workshop Presenter for Supreme Court Task Force
(July 20, 1996 and July 18,1998).
STATE BAR OF TEXAS, "Organizing a Corporation to Do Business in Texas",
Business Law Practice Seminar, Materials and Presentation, Dallas & Houston (November 1997).
TRAVIS COUNTY BAR ASSOCIATION, "Corporate Formation Issues", Materials and Presentation
(February 12, 1998).
"Money Laundering: New CTR Exemption Regulations & New Challenges from Internet Banking,
Safe Harbor Litigation & 'Know Your Customer' Focus" - Materials and Presentation for
TEXAS ASSOCIATION OF BANK COUNSEL - 22nd Annual Convention (October 16, 1998).
"1999 Legislative Review", Booklet Summarizing Approximately 100 Bills Affecting Banking,
Published by TEXAS BANKERS ASSOCIATION, with Presentations to Board & Council meetings,
Annual Meeting 8c Area Meetings of Bankers and Bank Counsel.
"Federal & State Legislative Update" - Materials and Presentation to TEXAS BANKERS ASSOCIATION
2000 CEO SUMMIT (June 2000).
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"Financial Privacy" - Materials and Presentation for 2000 ADVANCED TEXAS TRUST SCHOOL
(September 21, 2000).
"Financial Privacy" - Materials and Presentation for TEXAS ASSOCIATION OF BANK COUNSEL,
24th Annual Convention (October 12, 2000).
"Issues Texas Bankers & Their Lawyers Are Concerned About: FASB Letters on Pooling Accounting, 'Fair Value
Accounting' and Loan Loss Reserves" - Materials and Presentation for 2000 AMERICAN BANKERS
ASSOCIATION (ABA) State Association Counsel Annual Meeting (Nov. 10, 2000).
"Privacy and the Fair Credit Reporting Act" - Materials and Presentation for DALLAS AREA COMPLIANCE
ASSOCIATION (January 24, 2001).
"Financial Privacy & Predatory Lending - Two Very Hot Topics" - Materials and Presentation for BRAZORIA
COUNTY BANKERS (March 22, 2001).
"None of Your Darn Business: Are Consumer Privacy and Bank Profitability at Cross Purposes?" - Materials and
Presentation for TEXAS BANKERS ASSOCIATION ANNUAL CONVENTION (May 2001).
"Predatory Lending" - Materials and Presentation for WEST TEXAS COMPLIANCE OFFICERS ASSOCIATION
(June 14, 2001).
"2001 Legislative Review", Booklet Summarizing Approximately 100 Bills Affecting Banking,
Published by TEXAS BANKERS ASSOCIATION, with Presentations to Board & Council meetings,
Annual Meeting & Area Meetings of Bankers and Bank Counsel in Waco, Amarillo, Lubbock, Midland,
Abilene, Dallas, Tyler, Houston, San Antonio, McAllen.
"Gramm-Leach-Bliley Act: What's the Impact Today?", Financial Woman Today
(Quarterly Magazine for FINANCIAL WOMEN INTERNATIONAL) (Fall 2001).
"Subprime Lending & Predatory Lending: What's the Difference and What Difference Does It Make to You?" -
Materials and Presentation for TEXAS ASSOCIATION OF BANK COUNSEL - 25th Annual Convention
(October 4, 2001).
"Faith, HOEPA, and Predatory Lending: New Regs, New Legislation, New Forecast" - Materials and Presentation for
FEDERAL RESERVE BANK OF DALLAS Conference (January 8, 2002).
"USA PATRIOT ACT - COMPLIANCE INFO FOR BANKERS AND BANK ATTORNEYS,”
Materials and Presentation for TEXAS ASSOCIATION OF BANK COUNSEL,
27 th Annual Convention (October 2003).
"USA PATRIOT ACT - UPDATE" - Materials and Presentation for TEXAS ASSOCIATION OF BANK COUNSEL,
28 th Annual Convention (October 2004).
TEXAS BANKERS ASSOCIATION Monthly Magazine Articles:
September 2002, "State and federal legislative issues take priority."
August 2002, "Ninth Circuit Court issues bank wake-up call."
July 2002, "Update on state and federal issues."
June 2002, "Speak up on topic of regulatory burdens."
May 2002, "Deposit insurance reform: What's on the table and what will it cost?"
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April 2002, "Privacy and information sharing remains a hot topic."
March 2002, "Real estate brokerage powers issue kicks off Team 21."
February 2002, "Two provisions of USA Patriot Act became effective Dec. 26."
January 2002, "Texas Legislature can't tell banks what fees they can charge."
December 2001, "Regulators focus on risk management."
November 2001, "TBA works with FSA to improve Guaranty Program."
October 2001, "Gramm-Leach-Bliley Act: What's the impact today?"
September 2001, "Feds request public comment on CRA regs."
August 2001, "New child support lien procedures effective Sept. 1."
July 2001, "Texas Supreme Court upholds violation cure for home equity loans."
June 2001, "Help make FSA guarantees work better."
May 2001, "Helpful hints for getting your privacy program ready for July 1, 2001."
April 2001, "Do not confuse subprime with predatory lending."
March 2001, "Feds offer guidance for managing liquidity risk."
February 2001, "More policing duties issued by Feds to banks."
January 2001, "What's happening with predatory lending?"
December 2000, "Fair Credit Reporting Act—Privacy issues give it new focus!"
November 2000, "Fighting with the Ivory Tower accountants at FASB and AICPA."
October 2000, "How to file Suspicious Activity Reports."
September 2000, "What does financial modernization mean for Texas?"
August 2000, "New third-party contracts must include privacy language."
July 2000, "Texas Supreme Court issues favorable home equity opinion."
June 2000, "CRA Sunshine regulation is open for comments."
May 2000, "Home Equity Update."
April 2000, "Bankers and the Privacy Issues."
March 2000, "Comments are due March 31 on Privacy Regulations."
February 2000, "Finance Commission releases home equity lending study."
January 2000, "Banks must adopt privacy policies in light of GLB".
December 1999, "Regulatory Perspective on Banking & the Internet."
November 1999, "Texas Banking Department rolls out loan portfolio stress testing program.”
October 1999, "Texas Senate Announces Interim Studies."
September 1999, "Community Reinvestment Act in the News."
August 1999, "Texas Legislature passes two major UCC bills."
July 1999, "Four hot regulatory issues merit attention over the next few months."
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