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.
Presenter, Business North Carolina Cybersecurity Roundtable, Raleigh, NC, November 2018.
Presenter, "A Wrench in the Gears: How to Prevent a Data Breach from Disrupting Your Operations & Customer Relationships," mfgCON 2018, Durham, NC, November 14, 2018.
Presenter, "Data Breaches & Cybersecurity," 2018 CFO/CPA Risk Management Conference, Greensboro, NC, October 16, 2018
Presenter, "Data Privacy - A Legal Assessment," CFO Roundtable event, High Point, NC, August 16, 2018
Co-presenter, "You've Been Breached: What Next?," Business North Carolina CEO Summit, Pinehurst, NC, March 27, 2018
Panelist on cybersecurity concerns for entrepreneurs, Greater Women's Business Council's POP Too! Conference, Raleigh, NC, March 9, 2017
Co-presenter (with Thomas Varnum), "Digital Marketing Blues," Raleigh Social Media Marketing Meetup, Raleigh, NC, January 18, 2017
Co-presenter (with Thomas Varnum), "Digital Marketing Blues," Internet Summit, Raleigh, NC, November 16, 2016
Presenter, “Digital Media and Marketing,” UNC Festival of Legal Learning, February 14, 2015
Presenter, “Responding to a Data Breach,” Banking Security Summit, North Carolina Bankers Association, October 16, 2014
Presenter, Digital Legal & Compliance 101 Panel Discussion, North Carolina Association of Broadcasters, June 24, 2014
Presenter, “Tax Consequences of Lobbying and Political Advocacy,” North Carolina Association of Certified Public Accountants, May 2014
Panelist, Representing Your Local Broadcaster, ABA Forum on Communications Law, April 2014
Co-author, “Commercial Free TV and Aereo: What Lies Ahead for Content Owners in the Wake of the Ninth Circuit’s AutoHop Decision,” Communications Lawyer, November 2013
Co-author, “Prior Restraint 2.0: A Framework for Applying Section 230 to Online Journalism,” 1 Wake Forest J.L.& Pol'y 75, May 2011
Co-author, “Supreme Court Rocks Campaign Finance Boat,” Triad Business Journal, 2010
Moderator, “Recent Developments in Election Law,” North Carolina Professional Lobbyists Association, October 2013
Panelist, “Copyright and the Internet: Giving Broadcasters the Cold Shoulder?” American Bar Association, Representing Your Local Broadcaster, April 2013
Presenter, “Citizens United and Corporate Political Speech: New Opportunities and Obstacles,” North Carolina Professional Lobbyists Association, October 2010
Presenter, “Indemnification, Attorneys’ Fees and Arbitration Provisions in Contracts,” North Carolina Bar Association, Business Law Section Annual Meeting, February 2010
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.