Mr. Duncan MacDonald

Consultant, Duncan McDonald


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Member of the Law Council

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Council Member Biography

Duncan MacDonald is an independent consultant to financial institutions, corporations, and think tanks on payments, privacy and data protection, alternate dispute resolution, bankruptcy, class action reform, antitrust, joint venture, plain language and constitutional issues. He has worked at Citibank for 26 years and was General Counsel of its Card Products for Europe and North America. Mr. MacDonald managed all legal matters for the firm's private label and bankcard programs. He is also an author of articles on much of the foregoing for various publications. Mr. MacDonald is on the Boards of Good Shepherd Services, Indiana University Law School and Privacy and American Business, as well as Fellow of the American Bar Foundation and a Member of SCRIBES. (This is me - Update Profile)


Employment History

1998 - 2000
General Counsel, N A CITIBANK
1998 - Unspecified
Consultant, Duncan McDonald

GLG NewsSM Analyses by Duncan MacDonald

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Premature to celebrate Court's curb on class actions?

June 21, 2011

Justices Curb Class Actions | online.wsj.com

Yesterday the Supreme Court significantly made it much harder for lawyers to bring class actions on behalf of workers but also consumers, investors, merchants, taxpayers and others. In the process it will make life much easier for businesses and our state and federal court systems. A cause for celebration, indeed.

High Court's class action decision dents retail effort against interchange fees

June 20, 2011

Wal-Mart Wins Supreme Court Sex-Bias Case Ruling | online.wsj.com

The Supreme Court today significantly made it harder for consumer and commercial plaintiffs to sue corporations via class actions. Ruling in favor of Walmart in an anti-discrimination suit, the Court said plaintiffs must present substantial evidence that the various class members share a precise standard of commonality of facts and law to achieve a class certification consistent with the Constitution's due process protections of defendants. As such it is a big victory for businesses.

Durbin's debit fee Amendment survives in Congress but may not in court

June 14, 2011

Banking Industry Girds for Debit-Card War in Court | online.wsj.com

The rejection of a delay in the implementation of the Durbin Amendment rule to cap debit card swipe fees at 12 cents has emboldened the payments industry to litigate the legality of Durbin and the FRB rule proposed last December. The plaintiffs will argue that the FRB's interpretation of Durbin was way off the mark per the constitutional standards that apply to federal agencies under the Administrative Procedures Act.

Durbin's demise signals interchange's resurrection

May 4, 2011

How Interchange Debate Could Be Affected by Tester s Reelection Race - American Banker Article | www.americanbanker.com

The Banker's article all but predicts a legislative burial of the Durbin interchange amendment of the Dodd-Frank bank reform law. The final Senate vote could well exceed the number that enacted Durbin last year, perhaps garnering 65-70 votes. If so, it will be a slaughter against interchange fee regulation, with broad and long term ramifications for the card networks and their issuers.

Debit card fee battle lynchpin to interchange pricing regime

March 8, 2011

Debit Card Fees Bring Lobbyists to Capitol Hill - NYTimes.com | www.nytimes.com

The NYT article updates the effort in Congress to delay, dilute or nix the Durbin law that strictly limits debit card interchange fees. Media coverage two months ago ridiculed the effort. Now it is on the brink of success, improbably with the help of Barney Frank. The article ignores the obvious math in the Senate that favors card issuers: powerful, key Democrats and most Republicans against Durbin. The House is even more against Durbin.

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