Best Ballard Spahr LLP Podcasts (2025)

1
A Debate About The Need, If Any, For a Federal Charter for Non-Banks Engaged in the Payments Business 1:04:14

9h ago1:04:14

1:04:14

Our podcast show today features Professor Dan Awrey of Cornell Law School, and Matt Lambert, Deputy General Counsel of the Conference of State Bank Supervisors (“CSBS”) who discuss the pros and cons of Congress enacting a statute which would require federal charter for non-banks engaged in the payments business. At present, such non-banks are gener…

1
Manufacturing Moment: Manufacturers’ Priorities for the New Administration 37:32

1h ago37:32

37:32

This episode is part of our new series “Manufacturing Moment,” where we will discuss important developments in the manufacturing space, and provide insight on how these major changes will affect the industry. Today, we’re taking a look at the Trump administration and his manufacturing priorities. This episode features a discussion with Charles Crai…

1
How to use the Restatement of Consumer Contracts: A Guide for Judges 55:58

3h ago55:58

55:58

Today’s podcast show features a discussion with Professor Gregory Klass of Georgetown University Law School about an article he co-authored with Professor Ian Ayres, entitled “How to Use the Restatement of Consumer Contracts: A Guide for Judges.” The article will be published this year in the Harvard Business Law Review (vol 15), and is available h…

1
Prof. Hal Scott Doubles Down on His Argument That CFPB is Unlawfully Funded Because of Combined Losses at Federal Reserve Banks 56:40

11d ago56:40

56:40

On June 6 of last year, Prof. Hal Scott of Harvard Law School was our podcast guest. On that occasion he delved into the thought-provoking question of whether the Supreme Court’s decision on May 16 in the landmark case of CFSA v. CFPB really hands the CFPB a winning outcome, or does the Court’s validation of the agency’s statutory funding structure…

1
“Accidental Arbitration” -- A New Theory that Would Rein in Consumer Arbitration Clauses and the Scope of the FAA 1:02:01

15d ago1:02:01

1:02:01

Our special guest is David Horton, Professor of Law at the University of California, Davis, who has written a creative and thought-provoking article analyzing how courts should interpret certain key provisions that are frequently used in consumer arbitration agreements. The article may be accessed online at SSRN and will be published in the Washing…

1
The Patterns of Digital Deception 35:24

21d ago35:24

35:24

Our podcast show today features Gregory M. Dickinson, Assistant Professor of Law at the University of Nebraska, who was previously a guest on our show on August 3, 2023. Our 2023 episode was based on Professor Dickinson’s article titled “Privately Policing Dark Patterns”, 57 Ga. L. Rev. 1633 (2023). The show today focuses on Professor Dickinson’s m…

1
The Looming Threat of Immigration Raids at Your Workplace – What to do When ICE Comes Knocking 41:34

27d ago41:34

41:34

In light of recent executive orders, today’s podcast focuses on what organizations can expect with the new administration’s promises on immigration, as well as what employers can do when U.S. Immigration and Customs Enforcement (ICE) arrives to the workplace. We discuss which documents need to be in order, protocols that employers should have in pl…

1
Banking as a Service 1:13:57

1M ago1:13:57

1:13:57

Our podcast show today features Jason Mikula, publisher of Fintech Business Weekly; a newsletter going beyond the headlines to analyze the technology, regulatory and business model trends, driving the rapidly evolving financial services ecosystem at the intersection of traditional banking, payments, FinTech and crypto. We discuss his recently relea…

1
The Fall of The CFPB, The Rise of The State AG 35:54

27d ago35:54

35:54

In this episode of the Consumer Finance Monitor Podcast, Ballard Spahr partners Mike Kilgarriff and Joseph Schuster break down the seismic shifts in consumer financial regulation following the dramatic changes at the CFPB. With the Bureau’s enforcement and supervisory activities on hold, state attorneys general are stepping in to fill the regulator…

1
Will the State Attorneys General and Other State Agencies Fill the Void Left by the CFPB? 1:05:01

1M ago1:05:01

1:05:01

Today’s podcast show is a repurposing of the second half of a webinar we produced on January 17, 2025. That webinar was Part 3 of our webinar series entitled “The Impact of the Election on the CFPB and Others.” In Part 3, we focus on the role of state attorneys general in a rapidly shifting CFPB environment. Our previous podcast show, released on T…

1
Alan Kaplinsky’s “Fireside Chat” with Matthew J. Platkin, New Jersey Attorney General 29:39

1M ago29:39

29:39

Today’s podcast show is a repurposing of Alan Kaplinsky’s “fireside chat” with Matthew J. Platkin, the New Jersey Attorney General, which was the first half of a webinar we produced on January 17, 2025. That webinar was Part 3 of our webinar series entitled “The Impact of the Election on the CFPB and Others.” In Part 3, we focus on the role of stat…

1
Regulating Bank Reputation Risk 55:50

1M ago55:50

55:50

Today’s podcast show features a discussion with Julie Andersen Hill about her law review article titled “Regulating Bank Reputation Risk”, 54 GA. L. Rev. 523 (2023). Professor Hill is the Dean and Wyoming Excellence Chair of the University of Wyoming College of Law. The abstract to Professor Hill’s article does an excellent job of summarizing her t…

1
The Impact of the Election on the CFPB: What to Expect with Supervision and Enforcement During Trump 2.0 41:35

2M ago41:35

41:35

Our podcast show today features John Culhane and Mike Kilgarriff, partners in Ballard Spahr’s Consumer Financial Services group. They discuss what supervision and enforcement will look like under a new acting director/director appointed by President Trump. This episode is a repurposing of the second half of a webinar that was produced on January 6.…

1
Alan Kaplinsky’s “Fireside Chat” with Kathy Kraninger, Former Director of the CFPB During Trump 1.0 1:00:05

2M ago1:00:05

1:00:05

Today’s podcast episode is a repurposing of Alan Kaplinsky’s “fireside chat” with Kathy Kraninger, the Director of the CFPB during the second half of President Trump’s presidency from December 2018 until January 2021. (This was originally the first half of a webinar we did on January 6, 2025 which was entitled “The Impact of the Election on the CFP…

1
The CFPB’s Proposed Data Broker Rule 1:07:11

2M ago1:07:11

1:07:11

In today’s episode, we discuss the CFPB’s recent proposed data broker rule—a proposal that would greatly expand the reach of the Fair Credit Reporting Act. On December 3, the CFPB issued a proposed rule promoted as one that would require companies that sell data about income or financial tier, credit history, credit score or debt payments to comply…

1
The Impact of the Election on the CFPB: What to Expect on Key Regulatory Issues During Trump 2.0 56:15

2M ago56:15

56:15

Today’s podcast episode is part two of our December 16th webinar, where we discussed the impact of the election on CFPB rulemaking. Part one consisted of a “fireside chat” with David Silberman, who held several senior-level positions at the CFPB for almost ten years under both Democratic and Republican administrations. In part two, Ballard Spahr pa…

1
Alan Kaplinsky’s “Fireside Chat” with Former CFPB Leader David Silberman: His Experience During the Prior Transition from the Obama Administration to Trump 1.0 38:07

2M ago38:07

38:07

Today’s podcast episode is a repurposing of part one of our December 16 highly-attended and praised webinar consisting of Alan Kaplinsky’s exclusive interview of David Silberman, who held several senior positions at the CFPB for almost 10 years under both Democratic and Republican administrations. Part two of our December 16 webinar, featuring Ball…

1
Navigating the New CFPB Open Banking Rule 1:03:43

3M ago1:03:43

1:03:43

In today’s podcast episode, we’re joined by Alex Johnson, Founder of Fintech Takes, and Paige Paridon, Senior Vice President, Senior Associate General Counsel & Co-Head of Regulatory Affairs at Bank Policy Institute, to take a deep dive into the new Consumer Financial Protection Bureau Open Banking Rule. The CFPB has issued a groundbreaking final r…

1
Banks Aren’t Over-Regulated, They Are Over-Supervised 52:11

3M ago52:11

52:11

In today’s podcast episode, we are joined by Raj Date, who has served in a variety of roles at the Consumer Financial Protection Bureau, including as the acting head of the agency and as it’s first-ever Deputy Director. He recently wrote a thought-provoking article in a new online publication, Open Banker, entitled “Banks Aren’t Over-Regulated, The…

1
Planning for Your Digital Legacy 40:10

3M ago40:10

40:10

In this episode of the Digital Planning Podcast, Jen, Justin, and Ross sit down with special guest, Richard Zack, CEO and Co-Founder of Eternal Me, to dive into the essential, yet often overlooked, topic of digital asset management. From social media accounts to crypto and cloud-stored memories, we explore the legalities of accessing, transferring,…

1
Consumer Federation of America (“CFA”) Speaks Out About CFPB’s and FTC’s Direction During the Trump Administration 1:04:50

4M ago1:04:50

1:04:50

If you work for a bank or other consumer financial services provider, you will want to listen closely to how consumer advocates are reacting to Trump’s election insofar as the CFPB and FTC are concerned. In today’s podcast episode, we’re joined by Erin Witte and Adam Rust (the “CFA Reps”) from CFA. We focus first on CFPB and FTC regulations that mi…

1
A Look at the FTC’s Click-to-Cancel Rule, with James Kohm, Associate Director of Enforcement Division of the FTC’s Bureau of Consumer Protection 51:36

3M ago51:36

51:36

Today’s podcast features James Kohm, the Associate Director for the Enforcement Division of the Federal Trade Commission’s Bureau of Consumer Protection. We discuss the FTC’s “Click-to-Cancel” Rule (consisting of significant amendments to the longstanding “Negative Option Rule”) which was promulgated by the FTC on October 16, 2024 by a vote of 3-2 …

1
Post-Election Insights: Impacts on the Banking and Consumer Financial Services Industry 1:03:03

4M ago1:03:03

1:03:03

Today’s podcast episode is a re-purposing of a webinar we recorded on November 12, 2024. Our special guests for that webinar were Colin Carr, Vice-President of Congressional affairs at the Consumer Bankers Association and Ian Katz, Managing Director at Capital Alpha Partners. John Culhane, a partner in the Consumer Financial Services Group at our f…

1
An Empirical Study of Boilerplate in Consumer Contracts 1:00:24

4M ago1:00:24

1:00:24

On January 4 of this year, we released a podcast show entitled; “A look at a new approach to consumer contracts”. Our special guest at that time was Professor Andrea Boyack, a Professor at the University of Missouri School of Law. That podcast was based on a then recent law review article published by Professor Boyack entitled “The Shape of Consume…

1
The Infrastructure Investment and Jobs Act – Insights Three Years Later 47:11

4M ago47:11

47:11

In this episode, we discuss the impacts of the Infrastructure Investment and Jobs Act (IIJA) (a.k.a. Bipartisan Infrastructure Law (BIL)) on U.S. infrastructure on its third-year anniversary. While the IIJA/BIL has unlocked significant funding for major projects, it has also highlighted afresh important questions about the long-term sustainability …

1
Should Congress Create a New Federal Charter for Non-Bank Payments Companies? 54:23

5M ago54:23

54:23

In this podcast show, we explore with our repeat guest, Professor Dan Awrey of Cornell University Law School, his working paper “Money and Federalism” in which he advocates for the enactment of Federal legislation creating a Federal charter for non-banks engaged in the payments business, like PayPal and Venmo. The article may be accessed online at …

1
CFPB’s Proposed Mortgage Servicing Rule Amendments: Understanding the Impact on Loss Mitigation, Foreclosure, and Language Access 54:49

5M ago54:49

54:49

This summer, the CFPB issued its long-awaited proposed rule amending the mortgage servicing rules under Regulation X, with a focus on loss mitigation procedures, foreclosure protections, and language access. These changes were previewed by the CFPB as a means to streamline, and add flexibility to, the loss mitigation process, in light of the indust…

1
State Fair Access and Debanking Laws Bring Country’s Political and Cultural Divisions to the Fore 1:20:18

5M ago1:20:18

1:20:18

Our podcast listeners are very familiar with federal fair lending and anti-discrimination laws that apply in the consumer lending area: the Equal Credit Opportunity Act (ECOA) and Fair Housing Act (FHA). Those statutes prohibit discriminating against certain protected classes of consumer credit applicants. For example, the ECOA makes it unlawful fo…

1
How the CFPB Is Using Interpretive Rules to Expand Regulatory Requirements for Innovative Consumer Financial Products; Part Two—Earned Wage Access 42:19

5M ago42:19

42:19

Today’s podcast, which repurposes a recent webinar, is the conclusion of a two-part examination of the CFPB’s use of a proposed interpretive rule, rather than a legislative rule, to expand regulatory requirements for earned wage access (EWA) products. Part One, which was released last week, focused on the CFPB’s use of an interpretive rule to expan…

1
How the CFPB Is Using Interpretive Rules to Expand Regulatory Requirements for Innovative Consumer Financial Products; Part One - Buy-Now, Pay-Later 42:05

5M ago42:05

42:05

Today’s podcast, which repurposes a recent webinar, is the first in a two-part examination of the CFPB’s use of an interpretive rule, rather than a legislative rule, to expand regulatory requirements for buy-now, pay-later (BNPL) products. Part Two, which will be available next week, will focus on the CFPB’s use of a proposed interpretive rule to e…

1
The Regulation of Negative Option Consumer Contracts – Silence as Consent 59:33

6M ago59:33

59:33

Our podcast today focuses on negative option consumer contracts, i.e., agreements that allow a seller to assume a customer’s silence is an acceptance of an offer. Such contracts are ubiquitous in today’s marketplace. Today’s guests are Kaitlin Caruso, a professor at the University of Maine Law School, and Prentiss Cox, a professor at the University…

1
Have State-Chartered, FDIC-Insured Banks Finally Achieved Interstate Usury Parity with National Banks? 1:05:44

6M ago1:05:44

1:05:44

In today’s podcast, which repurposes a recent webinar, we examine the impact, if any, of a landmark opinion rendered by Judge Daniel Domenico of the Federal District Court for the District of Colorado in a case challenging recently enacted Colorado legislation on interstate loans made from outside Colorado to Colorado residents. We also address the…

1
Regulators Escalate Focus on the Risks of Bank Relationships with Fintechs and Other Third Parties 55:16

6M ago55:16

55:16

On July 25, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency (collectively, the agencies) issued a “Joint Statement on Banks’ Arrangements with Third Parties to Deliver Bank Deposit Products and Services” to “note potential risks related to arrangement…

1
The Demise of the Chevron Doctrine – Part II 1:02:59

6M ago1:02:59

1:02:59

On June 28, in Loper Bright v. Raimondo, et al., the Supreme Court overturned the Chevron deference doctrine, a long-standing tenet of administrative law established in 1984 in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. This doctrine directed courts to defer to a government agency’s interpretation of ambiguous statutory languag…

1
The Demise of the Chevron Doctrine Part I 44:30

7M ago44:30

44:30

On June 28, in Loper Bright v. Raimondo, et al., the Supreme Court overturned the Chevron deference doctrine, a long-standing tenet of administrative law established in 1984 in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. This doctrine directed courts to defer to a government agency’s interpretation of a statute if the statute wa…

1
The Cantero Opinion: The Supreme Court Leaves National Bank Preemption in Limbo 1:03:38

7M ago1:03:38

1:03:38

On May 30, the Supreme Court issued its opinion in Cantero v. Bank of America, reversing and remanding the case to the Second Circuit. Rather than articulating a bright line test for preemption, the Supreme Court instructed the circuit court to conduct a “nuanced analysis” to determine whether the National Bank Act preempts a New York state law tha…

1
FinCEN’s Notice of Proposed Regulations to Strengthen and Modernize AML/CFT Compliance Programs 50:34

7M ago50:34

50:34

This episode features a discussion with Nick St. John, Director of Federal Compliance at America’s Credit Unions. We discuss the Notice of Proposed Rulemaking issued by FinCEN and federal banking regulators regarding the enhancement and modernization of anti-money laundering/countering the financing of terrorism (“AML/CFT”) compliance programs unde…

1
The CFPB’s Registry of Nonbanks and Circular that Certain Contract Terms Violate Law 58:26

7M ago58:26

58:26

The CFPB recently issued yet another final rule the agency says will help deter violations of consumer protection laws. This rule requires certain nonbank entities to register with the CFPB upon becoming subject to any order from local, state, or federal agencies or courts involving consumer protection law violations. The registry rule applies to a…

1
Why do Fintechs Want to Become Banks? 59:40

7M ago59:40

59:40

A great number of fintechs are contemplating owning a bank or obtaining a banking charter—either a national bank charter, a state bank charter or a special purpose charter. In this episode, we are joined by our special guest Michele Alt, co-founder and partner of Klaros Group, an investment and advisory firm, and Scott Coleman, a partner in our Con…

1
Should Medical Debt Be Included in Creditworthiness Measures? 46:28

8M ago46:28

46:28

The CFPB and state regulators and legislators have medical debt in their crosshairs. In this episode, we’re joined by Chris Eastman, CEO of the Pendrick Group, a Cerberus portfolio company that specializes in financial services solutions for healthcare companies. We discuss the differences between medical debt and other types of debt, as well as ho…

1
Credit Card and Other Rewards Programs in the Crosshairs 54:53

8M ago54:53

54:53

Rewards programs drive consumer choice and activity in connection with credit cards and other financial services. The CFPB has reported the most important element by far that influences a consumer’s decision to apply for a specific credit card is the rewards program associated with the card. Further, rewards can affect the consumer's choice at the …

1
Sustainability Spotlight – A Conversation with Vicinity Energy 36:45

8M ago36:45

36:45

This episode is part of our Sustainability Spotlight series, which highlights the sustainability efforts that businesses are making to combat climate change and other environmental challenges. This episode features a discussion with Matt O'Malley, Chief Sustainability Officer, and Jeannie Morris, Vice President of Government Affairs at Vicinity Ene…

1
Universal Injunctions, Associational Standing, and Forum Shopping - Their Effects on Legal Challenges to Regulations 54:11

8M ago54:11

54:11

Special guest Professor Alan Trammell of Washington and Lee University School of Law joins us today for a deep dive into universal injunctions and the related topics of associational standing and judicial forum shopping, and how these elements come into play in litigation challenging regulations and other government policies and actions. Recent dev…

1
Estate Planning and the Corporate Transparency Act 50:16

8M ago50:16

50:16

On this episode of the Digital Planning Podcast, Jen Zegel, Justin Brown, and Ross Bruch dive into the intricacies of the Corporate Transparency Act (CTA) with special guest, corporate and finance attorney, Ashleigh Taylor, of Kleinbard LLC. The conversation breaks down the key aspects of this groundbreaking legislation, designed to enhance corpora…

1
Cyber Adviser – A Comparison of AI Regulatory Frameworks 37:44

8M ago37:44

37:44

This episode is part of our Cyber Adviser series, where we discuss emerging issues in the world of privacy and data security. Today, we’re joined by Paolo Sbuttoni, a partner at Foot Anstey with years of experience specializing in technology and data. We compare the AI regulatory landscape in the European Union, the United Kingdom, and the United S…

1
Buy Now, Pay Later – Evolution, Regulation, and What You Need to Know about the CFPB Interpretive Rule Effective July 30 1:00:04

8M ago1:00:04

1:00:04

“Buy Now, Pay Later” (BNPL) products emerged relatively recently as a new approach enabling consumers to enjoy the ability to make a purchase and then pay for it over time. Today’s episode, during which we explore the evolution of BNPL products and important recent developments in BNPL regulation, is hosted by Alan Kaplinsky, former practice leader…

1
Interest Rate Exportation Under Attack Part II 41:03

8M ago41:03

41:03

The 1978 landmark opinion in Marquette National Bank v. First of Omaha Service Corp held that under the National Bank Act, a national bank has the right to export the interest rate authorized by the state where the bank is located to borrowers located elsewhere. Section 521 of the Depository Institutions Deregulation and Monetary Control Act of 198…

1
Interest Rate Exportation Under Attack Part I 29:00

9M ago29:00

29:00

The 1978 landmark opinion in Marquette National Bank v. First of Omaha Service Corp held that under the National Bank Act, a national bank has the right to export the interest rate authorized by the state where the bank is located to borrowers located elsewhere. Section 521 of the Depository Institutions Deregulation and Monetary Control Act of 198…

1
California Consumer Finance Law - Hot Topics and Recent Developments 54:28

9M ago54:28

54:28

California frequently is in the vanguard of consumer financial issues and legislation, foreshadowing trends that may spread to other states. Today’s episode, during which we explore important hot topics and recent developments in California consumer finance law, is hosted by Ballard Spahr partner Melanie Vartabedian, and features Partners Michael G…

1
Consumer Financial Protection Bureau Wins in Supreme Court But Can the Fed Continue to Fund the CFPB Without Earnings? 56:22

9M ago56:22

56:22

Special guest Alex J. Pollock, Senior Fellow with the Mises Institute and former Principal Deputy Director of the Office of Financial Research in the U.S. Treasury Department, joins us to discuss his recent blog post published on The Federalist Society website in which he urges Congress to look into the question of whether the Federal Reserve can l…

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