Banking & Finance Law Report

Kathleen Trafford

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Liquidated Damages Provisions Are Enforceable Despite As Applied Inequities

Bankers and other business persons should carefully consider a significant change this year to the state‚Äôs law regarding contractual default clauses. The change was made by a little-noticed Ohio Supreme Court decision that requires the fairness of such clauses to be assessed from the perspective of the relationship of the parties at the beginning of … Continue Reading

Sixth Circuit Re-Affirms There Is No Constitutional Right to Financial Privacy

In a decision issued May 21, 2015, the Sixth Circuit stayed its course in refusing to extend constitutional protection to encompass a right of privacy in financial records and, in doing so, retained its position as the most conservative of the federal circuits to have addressed this issue. The case, Moore v. WesBanco Bank, Inc., … Continue Reading
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