Pub. 13 2018-2019 Issue 2

WWW.NEBANKERS.ORG 4 JULY/AUGUST 2018 EDITORIAL: The Nebraska Banker seeks to reflect news and information relevant to Nebraska and other news and information of direct interest to members of the Nebraska Bankers Association. Statement of fact and opinion are made on the responsibility of the authors alone and do not represent the opinion or endorsement of the Nebraska Bankers Association. Articles may be reproduced with written permission only. ADVERTISEMENTS: The publication of advertisements does not necessarily represent endorsement of those products or services by the Nebraska Bankers Association. The editor reserves the right to refuse any advertisement. SUBSCRIPTION: Subscription to themagazine, which began bi-monthly publication in May 2006, is included in membership fees to the Nebraska Bankers Association. CONTENTS 22 7 PRESIDENT’SMESSAGE – PLACINGBANKINGGRADUATES Nebraska is extremely blessed to have a remarkably strong statewide, higher education system. Richard J. Baier, President & CEO, Nebraska Bankers Association 8 WASHINGTONUPDATE – S. 2155: NOWFOR THE JUST-AS-HARDPART This occasion is worth noting not because S. 2155 contains every thing banks want and need in order to fully serve their customers; it doesn’t. Rob Nichols, President & CEO, American Bankers Association 10 EDUCATIONCALENDAR 12 COUNSELOR’S CORNER – CHALLENGING THE ENFORCEABILITY OF REGULATORY ENFORCEMENT ACTIONS: LABMD VS THE FTC Your examiners have identified a violation of law which they consider serious enough to warrant enforcement action. Bryan Handlos, Kutak Rock LLP 18 TECH TALK – KITTENS ANDYETIS ANDBEARS, OHMY! INCIDENT RESPONSE INABAD, BADWORLD It seems that every week a news story appears detailing new hacking activity originating from organized groups with interesting names such as Energetic Bear, Rocket Kitten, Crouching Yeti, Night Dragon and Sad Panda. Ty Purcell, GCIH, GPEN, GWAPT, CISSP, CISA 22 BERT ELY’S FARMCREDITWATCH – THE FARMCREDIT WATCHAT 20 FCA posts misleading video on its website. Bert Ely, Alexandria, Va. 26 ARE YOU DECIDING TO MAKE LESS MONEY? Today, you operate in an industry capturing, on average, 450 bps less in return on equity than it did a decade ago. Can you afford to leave any money on the table? Phil Nussbaum and Eric Brown, Performance Trust COVER PHOTO: Stock Photo