Episode
Breaking Developments in National Bank Act Preemption
- Podcast
- Consumer Finance Monitor
- Published
- Jan 22, 2026
- Duration seconds
- 4880
- Processing state
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Summary
Our podcast show this week consists of a webinar we produced on November 10, 2025, titled, "Breaking Developments in National Bank Act Preemption." Join our panel of top legal experts as they break down how landmark court rulings are changing the rules for national banks, examine the growing application of state law, and discuss what these changes mean for compliance, risk, and the future of consumer financial services. Meet the Panelists: · Alan Kaplinsky (Host & Moderator): Senior Counsel and former Practice Group Leader and Founder of the Consumer Financial Services Group at Ballard Spahr · Professor Arthur Wilmarth: Professor Emeritus at George Washington University Law School, widely recognized for his scholarship on National Bank Act preemption. · John Culhane, Jr.: Senior Counsel of the Consumer Financial Services Group at Ballard Spahr specializing in national bank compliance and regulatory strategy. · Ronald Vaske: Senior Counsel of the Consumer Financial Services Group at Ballard Spahr advising financial institutions on regulatory and compliance matters. · Joseph Schuster: Partner of the Consumer Financial Services Group at Ballard Spahr guiding national banks on state law adaptation and implementation. Key Points Covered: · Landmark Court Decisions: Recent cases like Cantero in the Supreme Court and Conti in the First Circuit Court of Appeals have moved National Bank Act preemption away from blanket coverage, requiring courts to carefully assess each state law's impact on national banks. · Dodd-Frank's Transformative Impact: The Dodd-Frank Act codified the legal standard established by the Supreme Court in the Barnett Bank Case that state laws are only preempted if they "prevent or significantly interfere" with national bank authority, and curtailed the OCC'…