Ben Davis advises banks and other financial institutions on a variety of issues related to financial institution services and operations. His practice also includes helping financial institutions address regulatory compliance issues, including data security, payment systems and consumer protection.
Ben advises banks and other financial institutions on a wide variety of issues related to financial institution services and operations. He has drafted and negotiated customer-facing and vendor-facing agreements in such areas as core processing, Internet banking, e-statements, deposit operations, remote deposit capture, mobile banking (including mobile capture), wire transfer, ACH origination and processing, credit and debit cards, interest rate swap agreements, deposit account control arrangements, lockboxes, safe deposit boxes, overnight depositories, ATMs, cash delivery services, and merchant services. Ben also has extensive experience with check negotiation and check fraud issues as well as powers of attorney.
Ben advises his clients on a range of regulatory compliance issues affecting financial institutions and companies, including issues involving consumer protection requirements, such as: the Truth in Lending Act (Regulation Z); the Truth in Savings Act (Regulation DD); the Electronic Funds Transfer Act (Regulation E); unfair, deceptive, or abusive acts or practices (UDAAPs) under the Dodd-Frank Act; the Real Estate Settlement Procedures Act (RESPA); the federal Secure and Fair Enforcement for Mortgage Licensing Act (SAFE Act); the North Carolina SAFE Act; electronic transactions (such as the Electronic Signatures in Global and National Commerce Act (E-Sign Act)); the Uniform Electronic Transactions Act (UETA); and financial institution reporting, including the Bank Secrecy Act and requirements stemming from the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC).
In addition to working with various federal banking agencies (including the FDIC, Federal Reserve and Consumer Financial Protection Bureau) in addressing client needs, Ben has experience representing clients before the Office of the North Carolina Commissioner of Banks as well as in the North Carolina General Assembly.
Ben has worked with numerous clients on addressing issues arising from financial privacy and data security requirements, including privacy notices, attestation standards for third party IT audits, responses to security breaches, and restrictions involving disclosures of financial information to law enforcement, federal and state agencies and private third parties. Ben has advised clients on requirements stemming from Title V of the Gramm-Leach-Bliley Act (Regulation P), the federal Right to Financial Privacy Act, the North Carolina Financial Privacy Act, FFIEC guidance involving internet banking and data security, the Payment Card Industry Data Security Standards (PCI DSS), the federal Freedom of Information Act and North Carolina’s public records laws.
Ben has worked with radio and television stations, as well as cable companies, in meeting regulatory compliance requirements imposed by the Federal Communications Commission.
Presentation, "Trademarks: How Much and How Long?" HQ Greensboro, November 16, 2017
Speech, "Legal Issues for Artists," ArtsRevolution by UNC Greensboro's Entrepreneurship Center, April 2017
Speech and CLE, "Recent and Interesting Developments in Trademark and Trade Secret Law," University of North Carolina Law School Festival of Legal Learning, February 2017
Moderator, "How to Identify and Contract with a Cloud Services Provider That You Can Really Trust," ABA Intellectual Property Roundtable (Raleigh, NC, December 2016)
Speech on copyright law, UNC Greensboro Masters of Fine Arts Program class, October 31, 2016
Speech, "Biggest Change in IP Law in the Last 30 Years," ABA Round Table concerning Defend Trade Secrets Act, at The Frontier (in Research Triangle Park, NC), June 15, 2016
Article, "How the New Trade Secrets Law May Affect You," May 27, 2016
Speech, "Recent Developments in Internet Law," University of North Carolina at Chapel Hill Law School Festival of Legal Learning, February 12, 2016
Speech, "Legal Issues for Artists," UNCG Southern Entrepreneurship in the Arts Conference, February 21, 2015
Speech, "IP/Trademark Issues Relevant to Brewery Law," Mecklenburg County Bar, October 2014
Speech, "Top 10 Myths of Digital Marketing and Advertising," Association of Corporate Counsel, September 2014
Presentation, "Intellectual Property, an Interactive Discussion," Triad StartUp Lab for Piedmont Triad Partnership's PTP Next Program, June 19, 2013
Speech, "Recent Developments in Internet Law," University of North Carolina at Chapel Hill Law School Festival of Legal Learning, February 8, 2013
Presentation, "IP Disputes Relevant to Business Planning in Uncertain Times," Brooks Pierce and Stearns Financial seminar, February 2, 2012
Speech, "Current Intellectual Property Issues for Global Business," Conducting a Cross-Border Business From North Carolina, Brooks Pierce and Dixon Hughes Goodman seminar, November 10, 2011
The Chair's Comments, IPLinks, North Carolina Bar Association Intellectual Property Section, November 2011
Speeches, "Recent Developments in Internet, Privacy and Business Communications Law," University of North Carolina School of Law Festival of Legal Learning, February 2007, 2008, 2009, 2010 & 2011
Speech, "Marketing on the Internet: What's Legal and What's Not," Nussbaum Center for Entrepreneurship, October 2010
Speech, "Does Your Trademark Deserve Protection?" Intellectual Property Law Annual Meeting, April 2010
Speech, "Art Law: What You Need to Know on Copyrights and Intellectual Property," United Arts Council of Greater Greensboro, May 2009
Article, "Can an Individual Now Use a Chapter 7 Bankruptcy to Wipe Out an Intellectual Property Judgment?" IP Links, North Carolina Bar Association, January 2009
Intellectual Property Advisor, Fall 2008
Intellectual Property Advisor, Summer 2008
Speech, "Putting your IP House in Order -- How to Make Big Money When You Sell Your Business," Greensboro Chamber of Commerce, November 2007
Article, "Banking on a Name," North Carolina Bankers Association, October 2007
Article, "Trademark Dilution Law Changes," IP Links, North Carolina Bar Association, December 2006
Speech, "Document Retention and Destruction," (workshop with Nicole Crawford), February and March 2006
Speech, "Internet Piracy and Privacy," Greensboro Chamber of Commerce, November 2002
Published in the Stanford Law & Policy Review, 1996
One of my formative experiences as a young man was attending the U.S. Army’s Airborne School at Fort Benning, Georgia. There are a lot of valuable things one learns on the way to graduating from jump school, but one was particularly surprising. We were taught that after your parachute has opened and you’re about to land, the worst thing you can do is look down. If you do, you’re likely to think the ground is closer than it really is; as a result, you can extend your legs too soon and end up badly hurt. We were trained instead to keep our eyes on the horizon – that way, you’re not distracted by the ground and you can rely on your training once you feel your feet touch the ground.
I’ve found that’s pretty good advice for practicing law, as well. Short-term challenges have a way of distracting us from the bigger picture; keeping our eyes on the horizon is the key to positioning clients for long-term success.