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In This Issue
Being Frank: Trolls attack!
Magazine name announced!
Government Relations update
ERM Program a success
From the top: Zombies
Compliance Conference set
IBANYS Member in natl. spotlight
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FRANKLIN
The
Franklin Club 

 Contribute $100 or more to the our state PAC, you will become a member of the Franklin Club.  

 

Everyone receives a Franklin Club lapel pin and recognition at IBANYS events. We're also adding a part of www.ibanys.net dedicated to Franklin Club members. 

 

Click the link below.     



remember finger
Upcoming IBANYS Events 

3/29/12 - Regional Meeting, Long Island, Happague 

 

4/5/12 - Board of Directors Meeting, Albany 

 

4/19/12 -Compliance Conference, Albany

 

4/24-26/12 - ICBA Washington Policy Summit, Washington D.C.   

 

5/3/12 - Security Conference, Albany

 

5/17-18/12 - CFO Conference, Otesaga Resort, Cooperstown

 

6/7/12 - Directors Conference, Syracuse    

Click HERE to see all the upcoming IBANYS events!

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Inside IBANYS 

March 28, 2012 

Being Frank: The Trolls press on!

 Picture courtesy: jascha.me 

 

Several Months ago, I wrote a short note to all IBANYS members regarding the issue of Patent Trolls. We informed you that in fact a number of our community bank brethren had received letters from said Trolls, requesting the bank sign a license agreement. The license agreement is for the use of your ATM over the Internet and would require each bank to pay a fee per foreign transaction or a lump sum settlement. Since that time more banks in New York have received a similar letter and others actual complaints alleging patent infringement. The validity of the patent(s) are being litigated in some instances, and in other situations based on a cost/risk/benefit analysis banks in other states have settled.

 

Because a number of members have raised the issue with the association, the Board of Directors met in discussion this week. The purpose was to determine how IBANYS may best assist the Member Banks and the community banking industry in general, who are, or will be confronted with the situation. The Board will again meet in person on April 5 to receive more information, so they may make a fully informed decision.

 

In the interim, IBANYS will provide you with information you should read and review to educate yourselves on the issue. To that end, attached via links below are educational materials you can review.

 

Below is a critique of recent NCR litigation against Automated Transaction LLC:

 

NCR is currently litigating against the non-practicing entity, Automated Transaction LLC (ATL), in a patent infringement suit in District of Delaware and on appeal in the US Circuit Court for the Federal Circuit. 

 

The district court found that the NCR ATMs that were the subject of the lawsuit did not infringe and also held that ATL's primary patent was invalid.  The US Patent Office also found separately that ATL's primary patent was invalid on different grounds.  All of those judgments are on appeal.  Oral argument before the appellate court is scheduled for April 2, 2012. However, don't expect a decision until sometime after April 2.

 

ATL is currently trying to extract license royalties from community banks, alleging that their patents cover ATMs connected to the Internet and that the targeted banks' ATMs infringe because they are connected to the Internet.  To support the last contention, ATL alleges various points including for example, because ATMs communicate using the TCP/IP protocol, the ATMs must be on the Internet.  The district court expressly rejected that contention and held that the private financial networks over which ATMs communicate are not the Internet.

 

Listen to and/or read the following transcript which will give you a great deal of insight on the subject generally.

 

Click on the link below and then scroll down to podcast # 441 - dated 7/22/11. "When Patents Attack":

http://www.thisamericanlife.org/radio-archives/2011  

 

For the costs associated with patent litigation click the following link: http://www.inventionstatistics.com/Patent_Litigation_Costs.html   

 

In September, "Leahy-Smith America Invents Act" new patent reform legislation will be in force that, "...will establish an oppositional proceeding at the PTO where business method patents can be re-examined by experts using the best prior art as an alternative to costly litigation." See ICBA Letter of September 8, 2011 and “Patent Infringement by Bank ATM.

 

Other Patent and Trademark Office Information on "Leahy-Smith":

 

Changes to Implement Post-Grant Review Proceedings

Changes to Program for Covered Business Method Patents

Patent Infringement by Bank ATMS 

 

More will be forthcoming and if you have questions please call me.  

IBANYS Magazine name announced!!

We have toiled away for months to come up with the best name for our new magazine, and have come up with something we think you will really like! Set to debut with a July/August Convention preview issue, the magazine will keep up with all the latest IBANYS happenings, as well as in-depth stories from our members that you will not hear anywhere else.  

 

Folks, please give it up for...  CommuNitY  

 

We hope you like the name, and we hope you will LOVE the magazine! We cannot wait to showcase everything this association has to offer.  

 

If you would like information and a rate card for advertising in CommuNitY, e-mail us here.   

 

And if you entered our name contest, we did not forget about you! Since none of the names were chosen, we are doing a random drawing for a FREE CONVENTION REGISTRATION! Everyone who submitted an idea is eligible, and we will announce the winner in our newsletter next week. Good luck! 

New York State Budget Update; IBANYS members appointed to State Charter Advisory Board

By Dan Valente, IBANYS Director of Government Relations

 

Budget Update

 

The NYS Budget is in the final stages of the legislative process.  The final bills are printed and the legislature is expected to vote on the budget this Friday.  The budget is expected to pass early for the first time since 1983. IBANYS was instrumental in removing proposed language from the budget that would adversely affect our members.  Issues specifically pertaining to IBANYS members include:

 

  • Language which would prohibit banks from collecting fees on levied bank accounts has been eliminated from the budget.
  • Language that would provide for a new statewide criminal forfeiture law, which would allow District Attorneys to obtain forfeiture of property, including vehicles, as part of a criminal case has been eliminated from the budget.

 

The budget closes a multi-billion dollar deficit with no new taxes, fees or gimmicks, and limits spending growth to two percent or below for the second year in a row, and launches the New York Works Task Force to invest billions of dollars to rebuild the state's roads, bridges, parks, and other infrastructure and create tens of thousands of jobs.  Other key banking initiatives of the budget include providing $9 million for the continuation of mortgage foreclosure counseling services through Homes and Community Renewal, with additional services financed with proceeds of the National Mortgage Servicing Settlement Agreement. In addition, the Department of Financial Services will establish a new Foreclosure Relief Unit to provide counseling and mediation services to help New Yorkers stay in their homes.

 

Last year, New York State created 10 Regional Councils that developed long term strategic plans for economic growth for their regions. These Councils were part of a process that awarded $785 million for job creation and community development. This year, the budget authorizes a second round of funding for the Regional Councils, including $220 million to implement regional strategic plans - $150 million in new capital funding and $70 million in tax credits from the Excelsior Jobs Program.

 

State Charter Advisory Board Members Named

 

The Department of Financial Services Superintendent Benjamin Lawsky today announced the nine members of the new State Charter Advisory Board which will advise the Superintendent on ways to promote the state chartered banking system.

 

Two of the members of the advisory board are also members of IBANYS. E. Peter Forrestel II, President and CEO of the Bank of Akron in Erie County, and Joseph G. Perri, President and CEO of Gold Coast Bank on Long Island were both named to the State Charter Advisory Board.

 

"I am honored by the appointment, but more important, I think this will facilitate greatly enhanced communication between New York State bankers and regulators," said Mr. Perri.

 

Mr. Forrestel added, "I am pleased that the Department of Financial Services has embarked on the creation of the State Charter Advisory Board, and I feel fortunate to represent the community banking industry at the table at the DFS."  

 

The board's creation was authorized last year with the enactment of the Financial Services Law used to establish the Department of Financial Services. Under the Financial Services Law, the Advisory Board will be responsible for retaining existing state chartered banks, encouraging federally chartered banks to change to state charters and promoting the state banking system.

 

To see the release from the DFS on the creation of the Advisory Board, click here.   

 

Congratulations to Joe and Peter from all of us at IBANYS! 

ERM Program a success

 

IBANYS and FinPro, Inc. hosted a Enterprise Risk Management Program in Syracuse on Monday. The staff at FinPro led the group through real-life scenarios about risk, stress-testing, losses, and more.  

 

Program participant and Tioga State Bank President and CEO Bob Fisher tweeted about the program, saying, "Enjoying the ERM session. Learning a great deal."  

 

Check out some pictures from the event:  

 

 

From the Top: Credit Union Zombies, Part II

 

By Camden Fine, President and CEO of ICBA

 

By now we've all heard the various storylines from credit union lobbyists attempting to justify a dramatic increase in the commercial lending powers of their government-subsidized clients. Through boom times and now a deep recession, they've continually rewritten their scripts as needed for more than a decade to rationalize the same unpalatable legislation.  

 

So far, thanks mainly to the vigilance and principled opposition of community bankers, lawmakers have wisely avoided the legislation's blatant move to further featherbed an already costly and unwarranted icbacredit union subsidy. But as predictably relentless as a drooling zombiein a schlocky B-grade horror flick, this legislation never really dies for long. Instead, it has been exhumed again and again by credit union lobbyists hoping to tempt or frighten a few lawmakers facing re-election into making a dark and desperate bargain in support of the legislation.

 

Never mind that small-business lending has never been more competitive and that small-business credit has never been more widely available. Never mind that expanding those commercial lending powers would benefit only a handful of very large, already bank-like tax-free credit unions. Never mind that the federal government's desperate need for more revenue makes the legislation more irresponsible than ever. For the credit union lobby, there's always a new plot twist to bring this proposal back to life. ... 

 

...Read the rest here


 

Compliance Conference set for April

 

IBANYS is pleased to announce our 2012 Compliance Conference, set for Thursday, April 19. This year's program will be held in Albany. The full-day conference takes up issues like Dodd-Frank, Lending under the CFPB, BSA Compliance, and much more.  

 

Registration for the Compliance Conference is currently open, and is only $249 for members, and $299 for non-members. Costs include all materials, speakers, breaks, meals, etc.  

 

If you are interested in finding out more, or if you would like to register for the conference, click here.  

 

If you have any questions about the conference, call or e-mail Dan Valente at: 518-436-4646, or danv@ibanys.net  

IBANYS member takes national spotlight to defend community banks

 

One of our newest members appeared on Fox Business this week, talking about community banking! Doug Manditch, Chairman and CEO of Empire National Bank, reiterated the fact that over regulation is hurting community banks across New York and across the country.   

 

Click the link below and watch the segment:

http://video.foxbusiness.com/v/1532717909001/manditch-small-banks-paying-price-for-big-banks   


On behalf of community banks everywhere, IBANYS would like to proudly thank Doug and his staff for being great advocates for our industry!
Frank J. Capaldo              
President / CEO
  
Victoria Miller
Director of Administration & Membership

Erin Clark
Director of Communications, Development & Marketing

Dan Valente
Director of Government Relations
  
William Y. Crowell, III
Legislative Counsel