Brett J. Ashton
Partner
Offices: Indianapolis, Chicago
bashton@kdlegal.com
p: 317-238-6291
f: 317-636-1507
Brett Ashton is the Chair of Krieg DeVault’s Financial Institutions Practice. Mr. Ashton counsels a wide array of financial services providers, including credit unions, banks, auto lenders, consumer finance companies, small dollar lenders, payment processors, and premium finance companies. He advises financial institutions on complex bank acquisitions, litigation defense and avoidance strategies, strategic planning, new product development, negotiation and defense of regulatory enforcement actions, and general regulatory compliance issues. Mr. Ashton has significant experience with assisting credit unions in their acquisition of banks while navigating the complex regulatory challenges associated with these transactions.
Mr. Ashton is actively involved in a number of financial services trade associations, including the American Financial Services Association, where he is Counsel to the association's Personal Loan Committee and Ancillary Products Working Group, the Indiana Financial Services Association, where he serves as Executive Director and Counsel, and the Illinois Financial Services Association, where he serves as Executive Director and General Counsel.
He is a frequent author, and speaker on recent developments in the financial services industry, and has been involved in the development of laws impacting the consumer finance industry at the state and federal level for over twenty years. Prior to joining Krieg DeVault, Mr. Ashton served as an Assistant General Counsel for American International Group ("AIG"), where he was responsible for legislative and regulatory matters nationwide on behalf of the company’s multi-billion dollar financial services subsidiary.
Representative Experience
- Successfully negotiated the withdrawal of a pending cease and desist order against auto finance lender with state regulator while preserving the client’s business model
- Counseled payment processor active in sovereign lending industry
- Acted as co-counsel in complex bank fraud litigation
- Developed and drafted state consumer finance law designed to modernize industry operations
- Advised bank holding company in the development of a new loan originator compensation structure in compliance with new federal regulations while preserving their existing corporate compensation philosophy
- Counseled banks on compliance with a wide variety of state and federal regulatory issues, including but not limited to, ECOA, TILA, RESPA, FCRA, OFAC, BSA, and the Patriot Act
- Assisted non-bank lender in assessment of liability and proposed remedial action for systemic violations of TILA and Regulation Z
- Assisted national bank in assessing liability for potential SCRA violations and proposed remedial plan
- Counseled state chartered bank on allowable disclosure under BSA in connection with pending civil discovery demand
- Assisted state chartered bank in development of document retention and E-Sign policies
- Counseled state financial services trade association with respect to the development of a new state consumer installment lending law for non-bank clients seeking modernization of existing lending laws in their state
- Advised state chartered community bank on modernization of existing treasury management services including ACH origination and related agreements
- Served as co-counsel in defense of regional consumer finance lender in class action involving allegations of violations of state usury laws
- Counseled bank holding company on regulatory implications of potential restructuring
- Acted as counsel to Acquiring Party in Form A regulatory filing with the Indiana Department of Insurance to obtain approval for sale of Indiana domiciled insurer.
- Acted as state legislative counsel to a national mortgage lending trade association
Professional Associations
- Member, AFSA Mortgage Lending Committee
- Counsel, AFSA Ancillary Products Committee
- Member, American Bar Association
- Member, Indiana State Bar Association
- Member, Indianapolis Bar Association
- Member, Government Affairs Society of Indiana
Seminars & Presentations
- Co-presenter, "Are We in a Banking Crisis? What the Silicon Valley and Signature Banks’ Failure Tell Us About the Future of Financial Institutions", Krieg DeVault Podcast Series, April 13, 2023
- Presenter, "State Regulation of the Factoring Industry - How to Comply with the Latest State Laws and Regulations Impacting Factors," International Factoring Association, April 6, 2023
- Presenter, "Financial Services Regulatory Developments: What Your Clients Need to Know in 2023," Meritas Financial Services Practice Group Meeting, March 2023
- Presenter, “Arbitration Clauses: Things Every Financial Institution Should Consider Before Agreeing to Arbitrate,” Krieg DeVault Webinar, June 23, 2021
Publications
- Author, "Redlining and Fair Lending Regulations", Hoosier Banker Magazine, November/December 2024
- Author, "Indiana Fair Lending Regulations", Hoosier Banker Magazine, September/October 2024
- Author, "Deposit Account Agreements", Hoosier Banker Magazine, July/August 2024
- Co-Author, "Redefining Regulatory Oversight: U.S. Supreme Court Ends Chevron Deference and its Impact on Banking Regulations", July 1, 2024.
- Author, "Counterfeit Checks", Hoosier Banker Magazine,May/June 2024
- Co-Author, "New Indiana Law Will Clarify How Financial Institutions May Make Changes to Deposit Account Agreements", March 13, 2024
- Author, "Deceptive Marketing", Hoosier Banker Magazine, March/April 2024
- Author, "Compliance Connection: Electronic Signatures", Hoosier Banker Magazine, January/February 2024
- Author, "Counterfeit Checks: Who is Liable?", Hoosier Banker Magazine, November/December 2023
- Author, "Electric Lien Filing Fees", Hoosier Banker Magazine, September/October 2023
- Co-Author, "California Commercial Lenders Beware: UDAAP Doesn’t Only Apply to Consumer Lending Anymore", October 9, 2023
- Author, "Electronic Mortgage Loan Transactions", Hoosier Banker Magazine, July/August 2023
- Article, "Regulatory Landscape Remains "Uncertain" in Factoring Industry", Commercial Factor Magazine, International Factoring Association, May 3, 2023
- Author, "Avoid Collections Blowback," Hoosier Banker Magazine, January/February 2023
- Author, "New York DFS Issues Final Commercial Lending Disclosure Regulation," February 13, 2023
- Author, "CFPB Issues Proposed Credit Card Late Fee Rule," February 1, 2023
- Author, "President Biden Weighs in on Financial Services “Junk Fees,” October 27, 2022
- Author, "Positive Pay Service - What if the Customer Declines?" Hoosier Banker Magazine, August, 2022
- Author, "Check Fraud- Who is Liable for a Fraudulent Endorsement?" Hoosier Banker Magazine, May 2022
- Co-Author, "Indiana’s Newly Passed LIBOR Legislation Immediately Preempted by Federal Counterpart," March 31, 2022
- Author, "The Illinois Predatory Loan Prevention Act – Lenders Beware," American Bar Association, March 25, 2022
- Co-Author, "Supreme Court Confirms that to Violate the TCPA your Automatic Telephone System Must Use a Random or Sequential Generator," April 7, 2021
- Co-Author, "Indiana Financial Institutions Continue to be Targeted in Class Action Overdrafts and NSF Lawsuits," February 3, 2021
- Author, "Illinois Legislature Passes Sweeping Changes to Consumer Lending Laws," Krieg DeVault Secured Lender Alert, January 2021
- Co-Author, "CFPB Issues Finalized Changes to Regulation F To Implement The Fair Debt Collection Practices Act," Krieg DeVault Secured Lender Alert, December 2020
- Co-Author, "OCC Issues Final "True Lender" Rule," Krieg DeVault Secured Lender Alert, November 2020
- Co-Author, "US Supreme Court Rules Structure of the CFPB Unconstitutional, Preserves Bureau's Authority to Operate," Krieg DeVault Secured Lender Alert, June 2020
- Author, "Changes are Coming to the Indiana Consumer Credit Code - Are You Ready?" Krieg DeVault Secured Lender Alert, June 2020
- Co-Author, "OCC Issues Advance Notice of Proposed Rulemaking Regarding Digital Banking Activities," Krieg DeVault Secured Lender Alert, June 2020
- Co-Author, "CFPB Provides Flexibility to Financial Institutions When Dealing with Billing Errors, Payment Rules and Deposit Accounts Terms Related to the COVID-19 Pandemic," Krieg DeVault Secured Lender Alert, May 2020
- Co-Author, "Paycheck Protection Program and Health Care Enhancement Act Update," Krieg DeVault Secured Lender Alert, April 2020
- Co-Author, "Interagency Statement on Loan Modifications and Reporting for Financial Institutions," Krieg DeVault Secured Lender Alert, April 2020
- Co-Author, The CARES Act: Provisions Directly Affecting Financial Institutions," Krieg DeVault Secured Lender Alert, March 2020
- Co-Author, "Financial Services Regulators Respond to COVID-19," Krieg DeVault Secured Lender Alert, March 2020
Education
-
J.D., Indiana University Robert H. McKinney School of Law, Indianapolis, Indiana, 2000
- Order of Barristers
- B.S. in Pre-Professional English, Academic Honors, Ball State University, Muncie, Indiana, 1994
Bar & Court Admissions
- Indiana, 2000
- Illinois, 2017
Practices
Industries
Thought Leadership
Redefining Regulatory Oversight: U.S. Supreme Court Ends Chevron Deference and its Impact on Banking Regulations
July 1, 2024
Thought Leadership
White House Office of Management and Budget Issues Government Wide Policy on AI
April 10, 2024
Financial Services
New Indiana Law Will Clarify How Financial Institutions May Make Changes to Deposit Account Agreements
March 13, 2024
Financial Services
California Commercial Lenders Beware: UDAAP Doesn’t Only Apply to Consumer Lending Anymore
October 9, 2023
Financial Services
CFPB Announces Consent Order with Bank for "Authorized-Positive Overdraft Transactions"
September 29, 2022
Secured Lender
Website Compliance with the ADA: Is Your Company Compliant With the Latest DOJ Guidance?
June 8, 2022
Financial Services
Recent Developments in Fair Lending Discrimination as a UDAAP Violation and Algorithmic Redlining
June 2, 2022
Financial Services
Indiana’s Newly Passed LIBOR Legislation Immediately Preempted by Federal Counterpart
March 31, 2022
Financial Services
CFPB Significantly Expands UDAAP Authority to Address Discrimination
March 21, 2022
Financial Services
CFPB Targets “Junk Fees” – What Does This Mean for Your Financial Institution?
February 3, 2022
Financial Services
The Illinois Predatory Loan Protection Act is Signed into Law - Regulatory FAQ and PLPA Reporting Notice Released
March 29, 2021
Litigation
Indiana Financial Institutions Continue to be Targeted in Class Action Overdraft and NSF Lawsuits
February 3, 2021
Financial Services
Illinois Legislature Passes Sweeping Changes to Consumer Lending Laws
January 13, 2021
Secured Lender
CFPB Issues Finalized Changes To Regulation F To Implement The Fair Debt Collection Practices Act
December 16, 2020
Financial Services
US Supreme Court Rules Structure of the CFPB Unconstitutional, Preserves Bureau's Authority to Operate
June 30, 2020
Secured Lender
Changes are Coming to the Indiana Consumer Credit Code - Are you Ready?
June 15, 2020
Financial Services
OCC Issues Advance Notice of Proposed Rulemaking Regarding Digital Banking Activities
June 8, 2020
Financial Services
Paycheck Protection Program and Health Care Enhancement Act Update
April 21, 2020
Financial Services
Interagency Statement on Loan Modifications and Reporting for Financial Institutions
April 14, 2020
Financial Services
The CARES Act: Provisions Directly Affecting Financial Institutions
March 26, 2020
Financial Services
NCUA Issues Proposed Rule Allowing Some Credit Unions to Issue Subordinated Debt
January 26, 2020
Thought Leadership
New Wave of Overdraft Fee Class Action Suits Targets Indiana Financial Institutions
September 22, 2019
Thought Leadership
Indiana Court Upholds Department of Financial Institutions Ruling on Auto Dealer Electronic Titling Fees
November 1, 2018
Thought Leadership
Indiana DFI Issues Advisory Letter Reinforcing Position on Dealer Convenience Fees
June 7, 2018
Thought Leadership
President Trump Signs Dodd-Frank Reform Into Law Providing Regulatory Relief to Community Banks
May 29, 2018
Thought Leadership
Is Your Website Compliant with the Americans With Disabilities Act?
February 21, 2018
Firm News and Events
David A. Bowen Joins Krieg DeVault’s Financial Institution Practice
December 6, 2024
Firm News and Events
Senior Associate Alex Bowman Selected as a Michiana Forty under 40 Award Recipient
April 16, 2024
Financial Services
U.S. Treasury Issues Report on Artificial Intelligence on Specific Cybersecurity Risks in the Financial Services Sector
April 4, 2024
Estate Planning & Personal Services
Putting the PURPOSE in a Trust: Using a Purpose Trust in a Business Succession Plan
February 27, 2024
Business
Impact of AI in the M & A Sector: Key Advantages, Challenges, and Considerations
February 23, 2024
Estate Planning & Personal Services
Higher Estate and Gift Tax Exemptions for 2024...But How Long Will This Last?
January 2, 2024
Firm News and Events
Marija Nicksic Joins Krieg DeVault’s Commercial Real Estate and Lending Practice
December 20, 2023
Business
Is Your Business Ready? Preparing for and Complying with the Corporate Transparency Act
August 31, 2023
Firm News and Events
Frank A. Hoffman Joins Krieg DeVault’s Public Finance and Municipal Practice
July 31, 2023
Firm News and Events
Michael D. Zaradich Joins Krieg DeVault's Commercial & Real Estate Lending Practice
June 1, 2023
Litigation
Indiana Supreme Court Limits the Ability of Indiana Financial Institutions to Amend Account Agreements
March 23, 2023
Financial Services
State and Federal Policy on ESG Issues Creates Tensions for Financial Institutions
January 25, 2023
Firm News and Events
Krieg DeVault Announces 2023 Partner Promotions of Sarah E. Jones, Micah J. Nichols, and Ann Marie Woolwine
January 1, 2023
Firm News and Events
Krieg DeVault Adds Associates Andrew N. Warner, Katelyn E. Doering, Alexus D. Lucas, and Michael J. Moser
November 1, 2022
Firm News and Events
Krieg DeVault Expands Chicago Office with Financial Services Partners Laurie A. Martin Montplaisir and Parker E. Lawton
October 17, 2022
Firm News and Events
Jeffrey L. Ledbetter Joins Krieg DeVault’s Financial Institutions Practice
September 27, 2022
Financial Services
Your Customer Is Heading Towards Bankruptcy, What Should You Do Now?
June 23, 2022
Firm News and Events
Patrick Fagan Joins Krieg DeVault’s Commercial and Real Estate Lending Practice
February 28, 2022
Firm News and Events
Julie A. Johnsten and Crystal L. Stallworth Join Krieg DeVault as Paralegals
February 1, 2022
Secured Lender
Commercial Real Estate and Tenant Estoppel Certificates: Enforcement by Illinois Courts
July 16, 2021
Secured Lender
Secure and Fair Enforcement (SAFE) Banking Act Passes U.S. House…Again
April 20, 2021
Firm News and Events
Krieg DeVault's Kay Dee Baird Elected Chair of the Indianapolis Bar Association's Commercial Law & Bankruptcy Section for 2021
January 1, 2021
Secured Lender
Indiana Supreme Court Further Extends Partial Protection of CARES Act Recovery Rebates
November 12, 2020
Secured Lender
IRS Instructs Lenders not to File Form 1099-C for Forgiveness of Paycheck Protection Program Loans
October 1, 2020
Secured Lender
Moratorium on Indiana Residential Foreclosures and Evictions Extended Through August 14, 2020
July 31, 2020
Secured Lender
Reminder: Post-Judgment Interest on Indiana State-Court Judgments Tolled Until August 15, 2020
July 14, 2020
Secured Lender
Seventh Circuit Court of Appeals Reaffirms the Necessity of Adhering to the Bankruptcy Code Text
July 14, 2020
Secured Lender
A Bankruptcy Court Weighs In: Do Force Majeure Clauses Excuse Commercial Tenants from Paying Rent?
June 23, 2020
Secured Lender
Eviction and Foreclosure Moratoriums Extended to August 31, 2020 for Federally-Backed Mortgages
June 17, 2020
Secured Lender
TILA and the Right of Rescission: Illinois Adopts One-Year Limitation Period
June 10, 2020
Secured Lender
A Hospital's Bankruptcy Filing Dramatically Changes the Equation for Medical Providers
June 8, 2020
Secured Lender
Indiana Supreme Court Extends Partial Protection of CARES Act Recovery Rebates
May 31, 2020
Secured Lender
Illinois Eviction Moratorium: Relief Extended to Non-Residential Tenants
April 28, 2020
Secured Lender
COVID-19 and Supplemental Proceedings: Illinois Supreme Court Provides Guidance
April 28, 2020
Secured Lender
COVID-19 and the Mortgage Industry: Embracing the Virus on the Legislative and Regulatory Front
April 26, 2020
Secured Lender
Indiana Supreme Court Orders Partial Protection of CARES Act Recovery Rebates Payments
April 20, 2020
Financial Services
A Message from Krieg DeVault LLP's Creditors' Rights and Bankruptcy Practice Group on Our Response to the Coronavirus COVID-19 Pandemic
March 23, 2020
Firm News and Events
Krieg DeVault Authors Indiana Chapter of The Secured Finance Network Compendium of Secured Finance Law
September 25, 2019
Thought Leadership
Agencies Adopt Final Rule Excluding Community Banks from Volcker Rule
July 11, 2019
Thought Leadership
Is Your Organization in Compliance With IRS Rules on Employer Identification Numbers?
April 29, 2019
Firm News and Events
Maria M. Vladimirova Joins Krieg DeVault's Financial Institutions Practice Group
March 7, 2019
Thought Leadership
Court Determines Debtor's Correct Name on Driver's License for UCC-1 Financing Statement
March 5, 2018
Firm News and Events
Brett J. Ashton to Speak at the 1st American Financial Services Association Law & Compliance Symposium
January 16, 2018
Firm News and Events
Known By the Successful Company We Keep® - Krieg DeVault Issues Annual Ad Showcasing Transactions from Many of Our Valued and Successful Clients
January 30, 2023
Firm News and Events
John B. Baxter Named Chair of Krieg DeVault’s Commercial and Real Estate Lending Practice
January 1, 2023
Brett Ashton is the Chair of Krieg DeVault’s Financial Institutions Practice. Mr. Ashton counsels a wide array of financial services providers, including credit unions, banks, auto lenders, consumer finance companies, small dollar lenders, payment processors, and premium finance companies. He advises financial institutions on complex bank acquisitions, litigation defense and avoidance strategies, strategic planning, new product development, negotiation and defense of regulatory enforcement actions, and general regulatory compliance issues. Mr. Ashton has significant experience with assisting credit unions in their acquisition of banks while navigating the complex regulatory challenges associated with these transactions.
Mr. Ashton is actively involved in a number of financial services trade associations, including the American Financial Services Association, where he is Counsel to the association's Personal Loan Committee and Ancillary Products Working Group, the Indiana Financial Services Association, where he serves as Executive Director and Counsel, and the Illinois Financial Services Association, where he serves as Executive Director and General Counsel.
He is a frequent author, and speaker on recent developments in the financial services industry, and has been involved in the development of laws impacting the consumer finance industry at the state and federal level for over twenty years. Prior to joining Krieg DeVault, Mr. Ashton served as an Assistant General Counsel for American International Group ("AIG"), where he was responsible for legislative and regulatory matters nationwide on behalf of the company’s multi-billion dollar financial services subsidiary.
Representative Experience
- Successfully negotiated the withdrawal of a pending cease and desist order against auto finance lender with state regulator while preserving the client’s business model
- Counseled payment processor active in sovereign lending industry
- Acted as co-counsel in complex bank fraud litigation
- Developed and drafted state consumer finance law designed to modernize industry operations
- Advised bank holding company in the development of a new loan originator compensation structure in compliance with new federal regulations while preserving their existing corporate compensation philosophy
- Counseled banks on compliance with a wide variety of state and federal regulatory issues, including but not limited to, ECOA, TILA, RESPA, FCRA, OFAC, BSA, and the Patriot Act
- Assisted non-bank lender in assessment of liability and proposed remedial action for systemic violations of TILA and Regulation Z
- Assisted national bank in assessing liability for potential SCRA violations and proposed remedial plan
- Counseled state chartered bank on allowable disclosure under BSA in connection with pending civil discovery demand
- Assisted state chartered bank in development of document retention and E-Sign policies
- Counseled state financial services trade association with respect to the development of a new state consumer installment lending law for non-bank clients seeking modernization of existing lending laws in their state
- Advised state chartered community bank on modernization of existing treasury management services including ACH origination and related agreements
- Served as co-counsel in defense of regional consumer finance lender in class action involving allegations of violations of state usury laws
- Counseled bank holding company on regulatory implications of potential restructuring
- Acted as counsel to Acquiring Party in Form A regulatory filing with the Indiana Department of Insurance to obtain approval for sale of Indiana domiciled insurer.
- Acted as state legislative counsel to a national mortgage lending trade association
Professional Associations
- Member, AFSA Mortgage Lending Committee
- Counsel, AFSA Ancillary Products Committee
- Member, American Bar Association
- Member, Indiana State Bar Association
- Member, Indianapolis Bar Association
- Member, Government Affairs Society of Indiana
Seminars & Presentations
- Co-presenter, "Are We in a Banking Crisis? What the Silicon Valley and Signature Banks’ Failure Tell Us About the Future of Financial Institutions", Krieg DeVault Podcast Series, April 13, 2023
- Presenter, "State Regulation of the Factoring Industry - How to Comply with the Latest State Laws and Regulations Impacting Factors," International Factoring Association, April 6, 2023
- Presenter, "Financial Services Regulatory Developments: What Your Clients Need to Know in 2023," Meritas Financial Services Practice Group Meeting, March 2023
- Presenter, “Arbitration Clauses: Things Every Financial Institution Should Consider Before Agreeing to Arbitrate,” Krieg DeVault Webinar, June 23, 2021
Publications
- Author, "Redlining and Fair Lending Regulations", Hoosier Banker Magazine, November/December 2024
- Author, "Indiana Fair Lending Regulations", Hoosier Banker Magazine, September/October 2024
- Author, "Deposit Account Agreements", Hoosier Banker Magazine, July/August 2024
- Co-Author, "Redefining Regulatory Oversight: U.S. Supreme Court Ends Chevron Deference and its Impact on Banking Regulations", July 1, 2024.
- Author, "Counterfeit Checks", Hoosier Banker Magazine,May/June 2024
- Co-Author, "New Indiana Law Will Clarify How Financial Institutions May Make Changes to Deposit Account Agreements", March 13, 2024
- Author, "Deceptive Marketing", Hoosier Banker Magazine, March/April 2024
- Author, "Compliance Connection: Electronic Signatures", Hoosier Banker Magazine, January/February 2024
- Author, "Counterfeit Checks: Who is Liable?", Hoosier Banker Magazine, November/December 2023
- Author, "Electric Lien Filing Fees", Hoosier Banker Magazine, September/October 2023
- Co-Author, "California Commercial Lenders Beware: UDAAP Doesn’t Only Apply to Consumer Lending Anymore", October 9, 2023
- Author, "Electronic Mortgage Loan Transactions", Hoosier Banker Magazine, July/August 2023
- Article, "Regulatory Landscape Remains "Uncertain" in Factoring Industry", Commercial Factor Magazine, International Factoring Association, May 3, 2023
- Author, "Avoid Collections Blowback," Hoosier Banker Magazine, January/February 2023
- Author, "New York DFS Issues Final Commercial Lending Disclosure Regulation," February 13, 2023
- Author, "CFPB Issues Proposed Credit Card Late Fee Rule," February 1, 2023
- Author, "President Biden Weighs in on Financial Services “Junk Fees,” October 27, 2022
- Author, "Positive Pay Service - What if the Customer Declines?" Hoosier Banker Magazine, August, 2022
- Author, "Check Fraud- Who is Liable for a Fraudulent Endorsement?" Hoosier Banker Magazine, May 2022
- Co-Author, "Indiana’s Newly Passed LIBOR Legislation Immediately Preempted by Federal Counterpart," March 31, 2022
- Author, "The Illinois Predatory Loan Prevention Act – Lenders Beware," American Bar Association, March 25, 2022
- Co-Author, "Supreme Court Confirms that to Violate the TCPA your Automatic Telephone System Must Use a Random or Sequential Generator," April 7, 2021
- Co-Author, "Indiana Financial Institutions Continue to be Targeted in Class Action Overdrafts and NSF Lawsuits," February 3, 2021
- Author, "Illinois Legislature Passes Sweeping Changes to Consumer Lending Laws," Krieg DeVault Secured Lender Alert, January 2021
- Co-Author, "CFPB Issues Finalized Changes to Regulation F To Implement The Fair Debt Collection Practices Act," Krieg DeVault Secured Lender Alert, December 2020
- Co-Author, "OCC Issues Final "True Lender" Rule," Krieg DeVault Secured Lender Alert, November 2020
- Co-Author, "US Supreme Court Rules Structure of the CFPB Unconstitutional, Preserves Bureau's Authority to Operate," Krieg DeVault Secured Lender Alert, June 2020
- Author, "Changes are Coming to the Indiana Consumer Credit Code - Are You Ready?" Krieg DeVault Secured Lender Alert, June 2020
- Co-Author, "OCC Issues Advance Notice of Proposed Rulemaking Regarding Digital Banking Activities," Krieg DeVault Secured Lender Alert, June 2020
- Co-Author, "CFPB Provides Flexibility to Financial Institutions When Dealing with Billing Errors, Payment Rules and Deposit Accounts Terms Related to the COVID-19 Pandemic," Krieg DeVault Secured Lender Alert, May 2020
- Co-Author, "Paycheck Protection Program and Health Care Enhancement Act Update," Krieg DeVault Secured Lender Alert, April 2020
- Co-Author, "Interagency Statement on Loan Modifications and Reporting for Financial Institutions," Krieg DeVault Secured Lender Alert, April 2020
- Co-Author, The CARES Act: Provisions Directly Affecting Financial Institutions," Krieg DeVault Secured Lender Alert, March 2020
- Co-Author, "Financial Services Regulators Respond to COVID-19," Krieg DeVault Secured Lender Alert, March 2020
Education
-
J.D., Indiana University Robert H. McKinney School of Law, Indianapolis, Indiana, 2000
- Order of Barristers
- B.S. in Pre-Professional English, Academic Honors, Ball State University, Muncie, Indiana, 1994
Bar & Court Admissions
- Indiana, 2000
- Illinois, 2017
Practices
Industries
Insights
Thought Leadership
Redefining Regulatory Oversight: U.S. Supreme Court Ends Chevron Deference and its Impact on Banking Regulations
July 1, 2024
Thought Leadership
White House Office of Management and Budget Issues Government Wide Policy on AI
April 10, 2024
Financial Services
New Indiana Law Will Clarify How Financial Institutions May Make Changes to Deposit Account Agreements
March 13, 2024
Financial Services
California Commercial Lenders Beware: UDAAP Doesn’t Only Apply to Consumer Lending Anymore
October 9, 2023
Financial Services
CFPB Announces Consent Order with Bank for "Authorized-Positive Overdraft Transactions"
September 29, 2022
Secured Lender
Website Compliance with the ADA: Is Your Company Compliant With the Latest DOJ Guidance?
June 8, 2022
Financial Services
Recent Developments in Fair Lending Discrimination as a UDAAP Violation and Algorithmic Redlining
June 2, 2022
Financial Services
Indiana’s Newly Passed LIBOR Legislation Immediately Preempted by Federal Counterpart
March 31, 2022
Financial Services
CFPB Significantly Expands UDAAP Authority to Address Discrimination
March 21, 2022
Financial Services
CFPB Targets “Junk Fees” – What Does This Mean for Your Financial Institution?
February 3, 2022
Financial Services
The Illinois Predatory Loan Protection Act is Signed into Law - Regulatory FAQ and PLPA Reporting Notice Released
March 29, 2021
Litigation
Indiana Financial Institutions Continue to be Targeted in Class Action Overdraft and NSF Lawsuits
February 3, 2021
Financial Services
Illinois Legislature Passes Sweeping Changes to Consumer Lending Laws
January 13, 2021
Secured Lender
CFPB Issues Finalized Changes To Regulation F To Implement The Fair Debt Collection Practices Act
December 16, 2020
Financial Services
US Supreme Court Rules Structure of the CFPB Unconstitutional, Preserves Bureau's Authority to Operate
June 30, 2020
Secured Lender
Changes are Coming to the Indiana Consumer Credit Code - Are you Ready?
June 15, 2020
Financial Services
OCC Issues Advance Notice of Proposed Rulemaking Regarding Digital Banking Activities
June 8, 2020
Financial Services
Paycheck Protection Program and Health Care Enhancement Act Update
April 21, 2020
Financial Services
Interagency Statement on Loan Modifications and Reporting for Financial Institutions
April 14, 2020
Financial Services
The CARES Act: Provisions Directly Affecting Financial Institutions
March 26, 2020
Financial Services
NCUA Issues Proposed Rule Allowing Some Credit Unions to Issue Subordinated Debt
January 26, 2020
Thought Leadership
New Wave of Overdraft Fee Class Action Suits Targets Indiana Financial Institutions
September 22, 2019
Thought Leadership
Indiana Court Upholds Department of Financial Institutions Ruling on Auto Dealer Electronic Titling Fees
November 1, 2018
Thought Leadership
Indiana DFI Issues Advisory Letter Reinforcing Position on Dealer Convenience Fees
June 7, 2018
Thought Leadership
President Trump Signs Dodd-Frank Reform Into Law Providing Regulatory Relief to Community Banks
May 29, 2018
Thought Leadership
Is Your Website Compliant with the Americans With Disabilities Act?
February 21, 2018
Firm News and Events
David A. Bowen Joins Krieg DeVault’s Financial Institution Practice
December 6, 2024
Firm News and Events
Senior Associate Alex Bowman Selected as a Michiana Forty under 40 Award Recipient
April 16, 2024
Financial Services
U.S. Treasury Issues Report on Artificial Intelligence on Specific Cybersecurity Risks in the Financial Services Sector
April 4, 2024
Estate Planning & Personal Services
Putting the PURPOSE in a Trust: Using a Purpose Trust in a Business Succession Plan
February 27, 2024
Business
Impact of AI in the M & A Sector: Key Advantages, Challenges, and Considerations
February 23, 2024
Estate Planning & Personal Services
Higher Estate and Gift Tax Exemptions for 2024...But How Long Will This Last?
January 2, 2024
Firm News and Events
Marija Nicksic Joins Krieg DeVault’s Commercial Real Estate and Lending Practice
December 20, 2023
Business
Is Your Business Ready? Preparing for and Complying with the Corporate Transparency Act
August 31, 2023
Firm News and Events
Frank A. Hoffman Joins Krieg DeVault’s Public Finance and Municipal Practice
July 31, 2023
Firm News and Events
Michael D. Zaradich Joins Krieg DeVault's Commercial & Real Estate Lending Practice
June 1, 2023
Litigation
Indiana Supreme Court Limits the Ability of Indiana Financial Institutions to Amend Account Agreements
March 23, 2023
Financial Services
State and Federal Policy on ESG Issues Creates Tensions for Financial Institutions
January 25, 2023
Firm News and Events
Krieg DeVault Announces 2023 Partner Promotions of Sarah E. Jones, Micah J. Nichols, and Ann Marie Woolwine
January 1, 2023
Firm News and Events
Krieg DeVault Adds Associates Andrew N. Warner, Katelyn E. Doering, Alexus D. Lucas, and Michael J. Moser
November 1, 2022
Firm News and Events
Krieg DeVault Expands Chicago Office with Financial Services Partners Laurie A. Martin Montplaisir and Parker E. Lawton
October 17, 2022
Firm News and Events
Jeffrey L. Ledbetter Joins Krieg DeVault’s Financial Institutions Practice
September 27, 2022
Financial Services
Your Customer Is Heading Towards Bankruptcy, What Should You Do Now?
June 23, 2022
Firm News and Events
Patrick Fagan Joins Krieg DeVault’s Commercial and Real Estate Lending Practice
February 28, 2022
Firm News and Events
Julie A. Johnsten and Crystal L. Stallworth Join Krieg DeVault as Paralegals
February 1, 2022
Secured Lender
Commercial Real Estate and Tenant Estoppel Certificates: Enforcement by Illinois Courts
July 16, 2021
Secured Lender
Secure and Fair Enforcement (SAFE) Banking Act Passes U.S. House…Again
April 20, 2021
Firm News and Events
Krieg DeVault's Kay Dee Baird Elected Chair of the Indianapolis Bar Association's Commercial Law & Bankruptcy Section for 2021
January 1, 2021
Secured Lender
Indiana Supreme Court Further Extends Partial Protection of CARES Act Recovery Rebates
November 12, 2020
Secured Lender
IRS Instructs Lenders not to File Form 1099-C for Forgiveness of Paycheck Protection Program Loans
October 1, 2020
Secured Lender
Moratorium on Indiana Residential Foreclosures and Evictions Extended Through August 14, 2020
July 31, 2020
Secured Lender
Reminder: Post-Judgment Interest on Indiana State-Court Judgments Tolled Until August 15, 2020
July 14, 2020
Secured Lender
Seventh Circuit Court of Appeals Reaffirms the Necessity of Adhering to the Bankruptcy Code Text
July 14, 2020
Secured Lender
A Bankruptcy Court Weighs In: Do Force Majeure Clauses Excuse Commercial Tenants from Paying Rent?
June 23, 2020
Secured Lender
Eviction and Foreclosure Moratoriums Extended to August 31, 2020 for Federally-Backed Mortgages
June 17, 2020
Secured Lender
TILA and the Right of Rescission: Illinois Adopts One-Year Limitation Period
June 10, 2020
Secured Lender
A Hospital's Bankruptcy Filing Dramatically Changes the Equation for Medical Providers
June 8, 2020
Secured Lender
Indiana Supreme Court Extends Partial Protection of CARES Act Recovery Rebates
May 31, 2020
Secured Lender
Illinois Eviction Moratorium: Relief Extended to Non-Residential Tenants
April 28, 2020
Secured Lender
COVID-19 and Supplemental Proceedings: Illinois Supreme Court Provides Guidance
April 28, 2020
Secured Lender
COVID-19 and the Mortgage Industry: Embracing the Virus on the Legislative and Regulatory Front
April 26, 2020
Secured Lender
Indiana Supreme Court Orders Partial Protection of CARES Act Recovery Rebates Payments
April 20, 2020
Financial Services
A Message from Krieg DeVault LLP's Creditors' Rights and Bankruptcy Practice Group on Our Response to the Coronavirus COVID-19 Pandemic
March 23, 2020
Firm News and Events
Krieg DeVault Authors Indiana Chapter of The Secured Finance Network Compendium of Secured Finance Law
September 25, 2019
Thought Leadership
Agencies Adopt Final Rule Excluding Community Banks from Volcker Rule
July 11, 2019
Thought Leadership
Is Your Organization in Compliance With IRS Rules on Employer Identification Numbers?
April 29, 2019
Firm News and Events
Maria M. Vladimirova Joins Krieg DeVault's Financial Institutions Practice Group
March 7, 2019
Thought Leadership
Court Determines Debtor's Correct Name on Driver's License for UCC-1 Financing Statement
March 5, 2018
Firm News and Events
Brett J. Ashton to Speak at the 1st American Financial Services Association Law & Compliance Symposium
January 16, 2018
Firm News and Events
Known By the Successful Company We Keep® - Krieg DeVault Issues Annual Ad Showcasing Transactions from Many of Our Valued and Successful Clients
January 30, 2023
Firm News and Events
John B. Baxter Named Chair of Krieg DeVault’s Commercial and Real Estate Lending Practice
January 1, 2023