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The Spotts Fain Lawful Thoughts® blog focuses on the current legal issues affecting businesses of all shapes and sizes. From labor and employment and construction, to intellectual property and beyond, Lawful Thoughts® provides businesses with easy to read, practical thoughts on the current legal trends and topics facing businesses today.

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Finance

Fourth Circuit: No Bank Liability For Accepting ACH Transfer Unless Actual Knowledge of Account Misdescription

Posted on July 22, 2025 by Neil E. McCullagh

This month we review a critical recent victory for banks and other depository institutions regarding liability for fraudulent account activity.

Can a Borrower Effectively Waive the Automatic Stay Before Filing Bankruptcy?

Posted on April 7, 2025 by Neil E. McCullagh

Is a borrower’s agreement to waive the automatic stay in a pre-bankruptcy document enforceable; recent developments in the Corporate Transparency Act.

New UCC Amendments Address Certain Digital Assets

Posted on April 24, 2023 by Neil E. McCullagh, Christopher A. Hurley

The growth in use of digital assets, such as cryptocurrencies and non-fungible tokensgrowth requires changes to the law.

Interagency Statement on Loan Modifications for Customers Impacted by COVID-19

Posted on May 10, 2020

An interagency statement was issued regarding loan modifications and reporting by financial institutions working with customers affected by COVID-19.