Banking and Financial Services
Due to its nationally-recognized pro-banking business climate, South Dakota attracts major regional and national leaders in the financial services industry. Many are surprised to find that South Dakota also offers highly-qualified lawyers with sophisticated practices in specialized areas of commercial law. Davenport Evans offers banking and compliance attorneys with diverse backgrounds serving clients ranging from community banks to multi-national institutions.
South Dakota ranks #1 in banking assets among all states, with South Dakota-based banks holding over $3.1 trillion in assets at year-end 2018. Major credit and prepaid card issuers and related processing and service providers are based in South Dakota, and Davenport Evans has provided legal counsel to many of these industry leaders during a forty-year period of unparalleled growth and prosperity.
Contact our Banking and Financial Services attorneys: Charles D. Gullickson, Robert E. Hayes, Dixie K. Hieb, Keith A. Gauer, Tiffany M. Miller, Douglas J. Hajek, Anthony M. Hohn, Joel R. Rische, and Terry N. Prendergast.
For information on this event or to request a speaker from Davenport Evans, please contact Kristen Townsend at 605-357-1249 or [email protected].
Davenport Evans Banking and Financial Services
Davenport Evans is committed to providing a full range of legal services to financial industry clients in a timely and cost-efficient manner. We share your focus on quality and service through strong, individualized working relationships.
Davenport Evans represents banks and their marketing partners in all phases of federal and state banking law and regulatory compliance including:
- bank acquisitions and mergers
- branch banking
- regulatory compliance
- creditors’ rights
- commercial litigation
- prepaid and credit card programs
- subprime lending
- financial privacy
- bank-vendor relationships
- strategic planning
- unclaimed property
Learn about National Products Experience at Davenport Evans.
Learn about Bankruptcy and Creditors Rights at Davenport Evans.
Learn about Corporate and Business Law at Davenport Evans.
Articles on Banking and Financial Services
CFPB Clarifies Adverse Action Notices: How well do you know your algorithm?
The CFPB issued a Circular on September 19, 2023 warning creditors using “artificial intelligence or complex credit models” that they may not rely on the checklist of reasons for adverse action in Regulation B. Rather, creditors must specifically and accurately...
Best Lawyers® 2024 Recognizes 18 Davenport Evans Lawyers
Davenport, Evans, Hurwitz & Smith, LLP in Sioux Falls, SD is pleased to announce that 18 Davenport Evans lawyers were listed in Best Lawyers® 2024 for South Dakota, in 22 different practice areas. In addition, two Davenport Evans lawyers were named 2024 Best...
Lending and Trusts: Recent Decision Leaves Bankers Feeling Uncertain
In February, the South Dakota Supreme Court injected uncertainty into lending transactions involving trust assets when it rejected a lender’s efforts to foreclose on trust property pledged as collateral for a loan. In Plains Commerce Bank, Inc. v. Beck, the Court...
Supreme Court Clarifies Fraud Exception to Debt Discharge
Federal appellate courts have long been split on the scope of the fraud exception to the dischargeability of debts in bankruptcy proceedings. The U.S. Supreme Court recently provided clarity on that issue, holding that debt based on fraud committed by a debtor’s...
2023 Davenport Evans Banking Seminar Features Dr. Ashley Podhradsky
Thank you to all who joined us for the 16th Annual Davenport Evans Banking Seminar, Friday, April 21, at The Country Club of Sioux Falls. Click on the images below, or click through the image viewer, for photos from the day. The seminar began with a hot breakfast and...
Chamber of Commerce Volunteer Spotlight: Tiffany Miller
Article by Jill Callison, shared courtesy of the Greater Sioux Falls Chamber of Commerce. Click here to view the April 2023 Chamber News, Vol. 58, No. 6 In 2013, Tiffany Miller joined the Community Appeals Committee, which researches applicants for capital fund...
FTC v. Employers: Do Banks Have a Dog in the Fight?
On January 5, the Federal Trade Commission (“FTC”) published a notice of proposed rulemaking (the “Proposed Rule”) that would effectively prohibit noncompete clauses in contracts between employers and workers. The FTC’s authority to issue regulations prohibiting...
Uniform Commercial Code Amendments: Correcting Misconceptions
What is the UCC? The Uniform Commercial Code (UCC) is a comprehensive set of laws governing all commercial transactions in the United States. It is not a matter of federal law, but rather a set of universally adopted state statutes. The uniformity of state adoption of...
Credit Card Penalty Fee Proposed Rule – Additional Considerations
Under current Regulation Z, card issuers are prohibited from charging a penalty fee on credit cards unless they have either (1) determined that the dollar amount of the fee represents a reasonable proportion of the total costs incurred as a result of the consumer’s...
Counterfeit vs. Altered Checks
According to most history texts, checks were first used sometime in the early 1500s in the Netherlands, and likely, check fraud was not far behind. In 1762, the Court of the King’s Bench in England decided Price v. Neal, establishing the fundamental principles and...
Suspicious Activity – Will You Know It When You See It?
The Federal Bank Secrecy Act is aimed at preventing money laundering and the financing of terrorism or other criminal activity, and suspicious activity reporting is a key component of the BSA framework. A bank’s failure to file suspicious activity reports or its...
A Primer on Permissible Bank Investments
Banks are creatures of limited powers under both state and federal law and are tightly constrained when it comes to the types of investments they may hold. Those constraints apply to both debt securities a bank may hold for investment, and also equity securities,...
Davenport Evans Alumna Kristina Schaefer Awarded ABA Emerging Leader Award
The following is shared courtesy of the South Dakota Bankers Association. Kristina Schaefer is an Alumna of Davenport, Evans, Hurwitz & Smith, LLP. Schaefer Honored by American Bankers Association with Inaugural Emerging Leader Award PIERRE, SD –...
Cramming Down Interest Rates in an Era of High Inflation
In 2004, the United States Supreme Court was faced with the question of whether a debtor could “cram down” the interest rate applicable to a secured creditor’s claim by using a “prime-plus” formula approach. In Till v. SCS Credit Corp., a Chapter 13 case, the debtors...
Best Lawyers® 2023 Recognizes 17 Davenport Evans Lawyers
Davenport, Evans, Hurwitz & Smith, LLP in Sioux Falls, SD is pleased to announce that 17 Davenport Evans lawyers were listed in Best Lawyers® 2023 for South Dakota, in 22 different practice areas. In addition, three Davenport Evans lawyers were named 2023 Best...
