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Articles by Michael Dailey
What To Know About the New CSBS AI Supervisory Framework
In the midst of the rapid growth of artificial intelligence, the Conference of State Bank Supervisors (CSBS) released a supervisory framework for state-chartered banks and state-licensed nonbank financial institutions on September 16, 2026. This is the first time the CSBS has released guidance surrounding AI. Specifically, the framework provides a principles-based way to analyze different uses and risks of AI-based products.
FDIC Moves to Modernize Confidential Information Disclosure Rules
On June 25, 2026, the Federal Deposit Insurance Corp. (FDIC) proposed amendments to parts 306 and 309 of its regulations that would significantly change how banks disclose confidential supervisory information (CSI). The proposal is intended to simplify regulatory processes while reducing barriers that institutions face when sharing supervisory information with third parties.
FDIC Moves To Modernize Confidential Information Disclosure Rules
Dinsmore & Shohl are most popular: within Government, Public Sector, Family and Matrimonial and Intellectual Property topic(s) in United States On June 25, 2026, the Federal Deposit Insurance Corp. (FDIC) proposed amendments to parts 306 and 309 of its regulations that would significantly change how banks disclose confidential supervisory information (CSI).
FDIC Moves to Modernize Confidential Information Disclosure Rules
On June 25, 2026, the Federal Deposit Insurance Corp. (FDIC) proposed amendments to parts 306 and 309 of its regulations that would significantly change how banks disclose confidential supervisory information (CSI). The proposal is intended to simplify regulatory processes while reducing barriers that institutions face when sharing supervisory information with third parties.
FDIC Rescinds Supervisory Pressure for Multiple Nonsufficient Funds Fees
On April 10, 2026, the Federal Deposit Insurance Corp. (FDIC) rescinded its supervisory guidance on multiple representment nonsufficient funds (NSF) fees, marking a notable shift in tone for the agency and further underscoring growing tension with the Consumer Financial Protection Bureau (CFPB). At issue is a long-debated banking practice: When payment is declined for insufficient funds, merchants may resubmit the same transaction multiple times.
FDIC Rescinds Supervisory Pressure for Multiple Nonsufficient Funds Fees
On April 10, 2026, the Federal Deposit Insurance Corp. (FDIC) rescinded its supervisory guidance on multiple representment nonsufficient funds (NSF) fees, marking a notable shift in tone for the agency and further underscoring growing tension with the Consumer Financial Protection Bureau (CFPB). At issue is a long-debated banking practice: When payment is declined for insufficient funds, merchants may resubmit the same transaction multiple times.
The GENIUS Act Arrives And The OCC Is Set To Act
Dinsmore & Shohl are most popular: within Technology, Food, Drugs, Healthcare, Life Sciences, Media, Telecoms, IT and Entertainment topic(s) in United States with readers working within the Basic Industries industries The Office of the Comptroller of the Currency (OCC) dropped a notice of proposed rulemaking to implement the GENIUS Act (Guiding and Establishing National Innovation for U.S. Stablecoins) on Feb. 25.
The GENIUS Act Arrives and The OCC Is Set To Act
The Office of the Comptroller of the Currency (OCC) dropped a notice of proposed rulemaking to implement the GENIUS Act (Guiding and Establishing National Innovation for U.S. Stablecoins) on Feb. 25. The OCC proposes requirements for stablecoin reserves, redemption and risk management, in addition to licensing and capitalization requirements for permitted payment stablecoin issuers.
Commentary: Governor's plan will save lives from out-of-hospital cardiac arrest
Credit: Getty Images. UCG/Universal Images Group via Getty Images Three years ago, millions watched as Buffalo Bills safety Damar Hamlin collapsed on the field after his heart stopped during a Monday Night Football game. His survival was the result of three things: immediate recognition of an emergency, early cardiopulmonary resuscitation and rapid defibrillation, which are essential links in the “chain of survival.” Out-of-hospital cardiac arrest is the most time-sensitive medical emergency.
OCC Follows Through on Regulatory Relief for Community Banks | JD Supra
On Oct. 6, 2025, the Office of the Comptroller of the Currency (OCC) issued five bulletins, which, taken together, represent significant and valuable regulatory relief for nationally chartered community banks and thrifts. Three of the bulletins provide guidance/policy changes, while the other two provide notices of proposed rulemaking. Jonathan Gould entered his term as comptroller of the currency with the intent to refocus the agency’s attention on material financial risks.
OCC Follows Through on Regulatory Relief for Community Banks
On Oct. 6, 2025, the Office of the Comptroller of the Currency (OCC) issued five bulletins, which, taken together, represent significant and valuable regulatory relief for nationally chartered community banks and thrifts. Three of the bulletins provide guidance/policy changes, while the other two provide notices of proposed rulemaking. Jonathan Gould entered his term as comptroller of the currency with the intent to refocus the agency’s attention on material financial risks.
What Bankers Need to Know to Comply With State Privacy Laws | JD Supra
It’s no secret that states are focused on implementing consumer privacy laws given the ubiquity of personal data that is gathered, processed, stored and shared for commercial activities, including those involving financial institutions. Since California passed the California Consumer Privacy Act (CCPA) in 2018, a host of states have followed with their own consumer privacy laws. Since 2024, consumer privacy laws have gone into effect in 10 states, and are expected in four more by the end of 2026.
What Bankers Need to Know to Comply With State Privacy Laws
Bank M&A Bank M&A topics will include balance sheet considerations for both the acquiring and acquired financial institutions such as deposits, capital adequacy, credit quality and more. Information around regulatory preparations and concerns as well as credit risks will also be addressed. Explore
The Potential Impacts of the GENIUS Act on Banking Regulations | JD Supra
On March 13, the U.S. Senate Committee on Banking, Housing, and Urban Affairs voted to advance the Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act through committee.
Risk Areas to Consider Ahead of Your Next Regulatory Exam | JD Supra
The Office of the Comptroller of the Currency and the Federal Deposit Insurance Corp. each periodically publish a report that describes their views on the current risk areas threatening the banking industry. The OCC calls its report the “Semiannual Risk Perspective,” while the FDIC’s report is called the “Risk Review.” These reports telegraph the risks regulators will be particularly interested in during the next examination cycle.
Risk Areas to Consider Ahead of Your Next Regulatory Exam
The Office of the Comptroller of the Currency and the Federal Deposit Insurance Corp. each periodically publish a report that describes their views on the current risk areas threatening the banking industry. The OCC calls its report the “Semiannual Risk Perspective,” while the FDIC’s report is called the “Risk Review.” These reports telegraph the risks regulators will be particularly interested in during the next examination cycle.
Navigating the New Federal Workplace Rules | JD Supra
Banks of all sizes should take note of these changes and update policies and procedures to avoid running afoul of new rules and regulations. Here is an overview of some notable changes that have taken place in recent months. The Expansion of Federal Overtime Eligibility A U.S. Department of Labor’s final rule that went into effect on July 1 raised the salary threshold for certain employees to be classified as exempt from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements.
Navigating the New Federal Workplace Rules
Banks of all sizes should take note of these changes and update policies and procedures to avoid running afoul of new rules and regulations. Here is an overview of some notable changes that have taken place in recent months. The Expansion of Federal Overtime Eligibility A U.S. Department of Labor’s final rule that went into effect on July 1 raised the salary threshold for certain employees to be classified as exempt from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements.
Artificial Intelligence – Banking on our Future: How Will AI Impact Community Banks and Who is Willing to Lead the Charge? | JD Supra
Bill Gates said in a blog post: “The development of AI is as fundamental as the creation of the microprocessor, the personal computer, the Internet, and the mobile phone. It will change the way people work, learn, travel, get health care, and communicate with each other. Entire industries will reorient around it. Businesses will distinguish themselves by how well they use it.”[1] Trends The evolution of AI within the banking sector is progressing from exploration to comprehensive integration.
Commentary: A simple change in state law could bring more opioid users into treatment
Using medication to treat opioid use disorder saves lives. It allows people who were suffering from addiction to feel normal, to have fewer cravings, and to be safe from having to obtain drugs on the street that may be laced with deadly doses of fentanyl or other drugs. This legislative session offers a chance to make this care option more accessible, boosting equity in health care and connecting more people with long-term addiction treatment.
DOJ Offers ‘Stay Out of Jail Free Card’ for Successor Liability
The Department of Justice (DOJ) hopes to incentivize timely disclosure of misconduct uncovered during the mergers and acquisitions process with the October 2023 announcement of a department-wide safe harbor policy. The policy, which applies across the entire department, shields companies from criminal prosecution for misconduct they discover in companies they are acquiring or have recently acquired.
Are Non-Competes on The Ropes?
Banks have traditionally used non-compete agreements to protect themselves when executives and key managers quit and go to work for a competitor with the benefit of specialized training, proprietary methods and/or trade secrets taken from the prior employer. Non-compete agreements are valid in most states as long as the employer has a protectable business interest, and the competitive restriction is reasonable in terms of geographic and temporal scope.
DAILEY: Georgia failed to put patients first by not holding pharmacy middlemen accountable
As Georgians struggle to feed their families and afford housing, many are now having to balance affording basic necessities with paying high costs at the pharmacy counter. While Georgia lawmakers are rightly looking for solutions to ease the burden of high health care costs, industry middlemen, known as pharmacy benefit managers (PBMs), have flown under the radar and are getting away with intentionally increasing costs for patients.
Georgia failed to put patients first by not holding pharmacy middlemen accountable
As Georgians struggle to feed their families and afford housing, many are now having to balance affording basic necessities with paying high costs at the pharmacy counter. While Georgia lawmakers are rightly looking for solutions to ease the burden of high health care costs, industry middlemen, known as pharmacy benefit managers (PBMs), have flown under the radar and are getting away with intentionally increasing costs for patients.
Today’s Weather Forecast … Looks Different
Times Insider explains who we are and what we do and delivers behind-the-scenes insights into how our journalism comes together. The weather has changed. The short forecasts on the front page of The New York Times, that is. Since 1897, in the top-right corner of Page A1, The Times has offered readers a quick scan of the day's temperature and precipitation.
Rise of the Quantum Machines
A new technological revolution on the horizon is poised to disrupt the financial services industry: quantum computing. While broad commercial applications of quantum technologies are likely several years away, experts predict that practical applications of quantum computing in the banking industry may only be three to five years away.
Ohio Record-Retention Rules: How Can Banks Defend Themselves After Purging Account Records That Are Essential To A Future Lawsuit?
Ohio Record-Retention Rules: How can banks defend themselves after purging account records that are essential to a future lawsuit? An Ohio customer walks into her local branch and demands access to the contents of her safe deposit box. She presents a key and a one-year lease, capable of annual renewal, from 2005. But the key not only fails to open the box – it does not even fit in the lock. And when you search for records of the lease, you find nothing.
Recent Developments To Combat Redlining
Regulators have worked on a variety of anti-redlining proposals in recent months, including a joint initiative by the Department of Justice, the Consumer Financial Protection Bureau, and the Office of the Comptroller of the Currency.
Recent Developments to Combat Redlining
Recent Developments to Combat Redlining Regulators have worked on a variety of anti-redlining proposals in recent months, including a joint initiative by the Department of Justice, the Consumer Financial Protection Bureau, and the Office of the Comptroller of the Currency.
Analysis: The Elijah McClain Case
Michael Dailey, MD, FACEP, FAEMS, with EMS World Staff A Colorado grand jury has returned charges against both the police and the paramedics involved in the 2019 arrest and death of Elijah McClain. Details of the Case The 32-count indictment announced Wednesday involves charges of manslaughter and criminally negligent homicide. The two Aurora Fire Department paramedics both face one count of each, as well as charges of assault and recklessly causing bodily injury with a "deadly weapon"—ketamine.
Open Banking Shares Consumer Data, Needs Privacy Regulation
Friday, August 27, 2021 Since President Joe Biden’s July 9, 2021, executive order, “Promoting Competition in the American Economy,” there has been a renewed focus and speculation surrounding the Consumer Financial Protection Bureau’s (CFPB) forthcoming rulemaking under Dodd-Frank Act, Section 1033. Many industry leaders are optimistic President Biden’s order and the CFPB’s previous request for comments are a sign the U.S. is moving closer to open banking.
Analysis of CFPB’s New Ability-to-Repay Rule for Qualified Mortgages
On Dec. 29, 2020, the Consumer Financial Protection Bureau (CFPB) published a final rule amending Regulation Z’s Ability-to-Repay/Qualified Mortgage (QM) requirements (the New Rule). Regulation Z requires creditors to make a reasonable, good-faith determination of a consumer’s ability to repay their residential mortgage loan. Loans that comply with Regulation Z’s requirements qualify for certain protections from liability.
Five Assessments that Every Acquirer Should Make
Acquiring another bank will be one of the most important decisions that a board of directors ever makes. A well-played acquisition can be a transformational event for a bank, strengthening its market presence or expanding it into new markets, and enhancing its profitability. But an acquisition is not without risk, and a poorly conceived or poorly executed transaction could also result in a significant setback for your bank.
What Employers Need to Know about Coronavirus, Paid Leave
From lobby closures to Paycheck Protection Program loans, the COVID-19 pandemic has thrown a lot at banks and other financial services providers during this pandemic. One more item to add to the list is the Families First Coronavirus Response Act (FFCRA).
Fixing What’s Broken In Bank Product Pitches
There’s a better way to sell pens: Don’t start with the pen. A classic teaching example for sales hands a shiny new pen to someone with the instruction, “Sell me this pen.” Typically, the student takes the pen and begins to describe it, attempting to use the looks and features of the pen to sell it. The would-be salesperson often struggles to “sell” the pen, because they fail to discover if the person needs a pen to begin with. This is often how banks sell products and services to their customers.
Bank Guide to CARES Act SBA Lending Program
Wednesday, April 1, 2020 The Coronavirus Aid, Relief, Economic Security (CARES) Act signed into law by President Donald Trump on March 27, 2020, contains significant relief for small businesses affected by the national emergency declaration related to the COVID-19 pandemic and the aggressive actions taken by state governments across the nation to combat the spread of the virus.
Federal Government Response to COVID-19: Financial Institution Regulations and Available Measures
Friday, March 27, 2020 In an effort to address growing financial concerns related to the ongoing COVID-19 pandemic, the federal government is taking preliminary steps to address the existing and expected impact on businesses and business lending.
Federal Bank Regulators Issue Guidance on Serving Hemp-Related Businesses
Jennifer represents clients in construction, insurance, corporate and commercial litigation, and appellate matters in federal and state courts in West Virginia and Pennsylvania.
Forewarned is Forearmed - What’s On the Regulators’ Minds?
Bank directors and management teams have it particularly tough when it comes to satisfying corporate constituencies. Not only must they cater to their shareholders, creditors, employees and local communities — they have the unenviable task of keeping at least one federal bank regulatory agency satisfied with the way they run the bank.
An Ounce of Prevention with Working from Home ADA Accommodations
An Ounce of Prevention with Working from Home ADA Accommodations By: Michael Dailey, Raymond Harrell, Jr., Ashley Pack September 17th, 2019 Even with a lack of legal clarity, banks can take steps to prepare for work-from-home accommodation requests from employees with disabilities. Technology now allows banks’ employees to be connected with coworkers and customers nearly anywhere in the world via email, chat, calls or video conferencing.
Your Bank’s Answer to the Cannabis Conundrum
Banks should not wait on lawmakers taking action on the myriad of proposed cannabis banking bills to make important strategic decisions about servicing marijuana-related business. It is unclear if any of the proposed cannabis banking bills will gain enough traction and support in Washington to pass through Congress. Despite the inaction, a growing number of financial institutions are choosing to provide banking services to the cannabis industry.
How Financial Institutions Should Prepare For and Respond to a Cybersecurity Incident
Cybersecurity incidents and data compromises continue to plague financial institutions on a seemingly daily basis. Without a proper response plan in place, financial institutions risk significant damage to their reputation and operations, as well as serious potential liability from regulators and class-action litigation. This guide outlines the procedures financial institutions should implement to prepare for and respond to a cybersecurity incident.
Was Giuliani Drunk?
Early this morning Politico reported that at a private dinner Wednesday night, alongside right-wing political and donor elites, former Mayor of New York City Rudy Giuliani said, “I do not believe that the president loves America.” Giuliani’s comment sent Twitter into a frenzy, and even led CNN to shift coverage from Boston’s weather conditions.
Are We on the Cusp of the Next De Novo Wave?
The process of establishing a de novo bank always has been complicated and time-consuming, and occasionally even painful. But since the beginning of the financial crisis, it seems that obtaining deposit insurance for a de novo bank has become a nearly impossible task. The Federal Deposit Insurance Corp. received 1,738 applications for deposit insurance from 2000 through 2008, and approved 1,258 of those applications—an approval rate of 72 percent.
112 Free, Cheap & Non-Holiday-Related Things To Do in Seattle: Dec 22-30, 2017 - Things to Do - The Stranger
112 Free, Cheap & Non-Holiday-Related Things To Do in Seattle: Dec 22-30, 2017 If you've been too focused on getting to the end of the year to make plans but you're not interested in these cheap and festive events, don't worry—there are still ways to be entertained over the next nine days that don't require advance planning and won't cost more than $10.
The 45 Best Things To Do in Seattle This Week: Dec 18-24, 2017 - Things to Do - The Stranger
The 45 Best Things To Do in Seattle This Week: Dec 18-24, 2017 Betty & Cookie's Not-So-Silent Night, The Absolutely Last Holiday Market, And More Critics' Picks Our music critics have already chosen the 21 best concerts for this week, but now it's our arts critics' turn.
The Arts This Fall, in 42 Articles and 80,837 Words
Suffice it to say, this colossal issue of New York Times journalism is a labor of love for many reporters, as well. Steven McElroy, a theater contributor who has been with The Times for 22 years and has contributed to the past six fall preview issues, said he spends the entire year sifting through news releases, seeing shows, stopping off at fringe festivals — and, ultimately, breaking the hearts of a few P.R. representatives — in search of the perfect lineup.
The Best Art Shows in Seattle This Fall - Art and Performance Fall 2017 - The Stranger
The Best Art Shows in Seattle This Fall Picks from the Fall 2017 Edition of Seattle Art and Performance Off the Walls (Sept 15–16): We miss the Asian Art Museum. So this event is a welcome little interlude—before the renovation starts in full, they're opening their doors to the public so we can explore the museum and enjoy special installations created just for this weekend.
Keeping an Eye on the Red Line: Avoiding Fair Lending Regulations
Not long after the November election results became official, politicians, lobbyists and bankers began discussing the topic of bank regulatory reform. With a Republican in the White House, the Republican-controlled Congress vowed to push through its long-desired and promised reform of Dodd-Frank. While it is a decent bet some form of bank regulatory reform will emerge, it is unlikely reform will extend to the area of fair lending compliance.
Pay Attention: Final Rules on Loan Originator Compensation
January, 2013, was a watershed month for mortgage standards after the Consumer Financial Protection Bureau released the long-awaited final rules on ability to repay, qualified mortgages, mortgage servicing, and appraisal requirements. Each of these rules promises to keep compliance gurus busy throughout this year and into 2014.
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