J. Benjamin Davis
Brooks Pierce
Recognized for
Banking & Finance
The Elite Counsel Perspective
From payment agreements to data security and consumer protection compliance, his financial institution counsel shows remarkable range and operational insight.
From payment agreements to data security and consumer protection compliance, his financial institution counsel shows remarkable range and operational insight.
Overview
Ben Davis advises banks and other financial institutions on agreements and operational issues across their services. His work includes drafting and negotiating customer-facing and vendor-facing agreements for deposit operations, Internet and mobile banking, e-statements, remote deposit capture and mobile capture. He also works on arrangements involving wire transfers, ACH origination and processing, credit and debit cards, and merchant services.
Ben’s financial institution practice extends to interest rate swap agreements, deposit account control arrangements, lockboxes, safe deposit boxes, overnight depositories, ATMs and cash delivery services. He has substantial experience with check negotiation and check fraud issues, as well as powers of attorney. Alongside this transactional and operational work, he helps financial institutions address regulatory compliance issues involving data security, payment systems and consumer protection.
Core processing agreements are another focus of Ben’s work. He reviews, drafts and negotiates these agreements and has advised numerous financial institution clients in negotiations with each of the major core processors, as well as with other payment processing service providers. Beyond his work for financial institutions, Ben helps companies draft and negotiate general business contracts, ranging from commercial terms and conditions, purchase orders and other documents subject to UCC Article 2 to complex licensing and services agreements.
Representative Experience
Ben has worked with radio and television stations, as well as cable companies, in meeting regulatory compliance requirements imposed by the Federal Communications Commission.
Education
- Yale Law School, J.D., 1998; Managing Editor, Yale Journal of Law & the Humanities, 1996-97
- Wake Forest University, B.A., 1994, magna cum laude; Phi Beta Kappa
Admissions
- North Carolina
- U.S. District Court for the Eastern District of North Carolina
Honors & Recognition
Selected by his peers for inclusion in The Best Lawyers in America© in Banking and Finance Law (2013-2027)
Professional Associations
- Member, North Carolina Bar Association (2002-present)
- Member, Business Section, American Bar Association (2002-present)
- Member, Wake County Bar Association (2002-present)
- Member, North Carolina Professional Lobbyists Association (2011-present)