The panel will discuss various ways of raising capital, primarily for regional and community banks and holding companies. It will cover different types of equity securities and debt instruments and how they can fit into the capital structure. The panelists will also discuss different methods of raising capital, including private placements and different structures of public offerings.
Leitch is global general counsel for Bank of America, responsible for overseeing the company’s legal functions around the world. Based in Charlotte, he is a member of the bank’s executive management team. David joined the bank from Ford Motor Company, where he was general counsel and group vice president from 2005 through 2015. Previously, he served as deputy counsel to President George W. Bush; chief counsel for the Federal Aviation Administration; deputy assistant attorney general in the U.S. Department of Justice, Office of Legal Counsel; and partner with Hogan & Hartson (now Hogan Lovells) in Washington, D.C. He served as law clerk to former Chief Justice of the United States Supreme Court William H. Rehnquist, as well as to Federal Circuit Judge J. Harvie Wilkinson II. He received his undergraduate degree from Duke and his law degree from the University of Virginia School of Law.
3:30 - 3:45 p.m.
3:45 - 5:00 p.m.
Syndicated Credit Agreements - Current Issues and Best Practices
Bobbi Acord Nolan, Parker Hudson Rainer & Dobbs LLP, Atlanta
David L. Batty, Winston & Strawn LLP, Charlotte
Elliot Ganz, Loan Syndications and Trading Association, New York
Kenneth L. Johnston, Kane Russell Coleman & Logan PC, Dallas
Christopher E. Leon, Womble Carlyle Sandridge & Rice LLP, Winston-Salem (coordinator)
Bridget Marsh, Loan Syndications and Trading Association, New York
This panel will discuss current issues and best practices in syndicated lending; the existing and future legislative landscape; market trends; and practical tips in structuring and negotiating syndicated credit transactions from the perspectives of the agent, borrower, and syndicate member lenders.
5:00 - 6:00 p.m.
opportunity to mix and mingle with the participants, including program speakers
and the law students who produced the North
Carolina Banking Institute journal is always a highlight of the Banking
2017 Banking Institute Annual Dinner*
*This is a separately ticketed event, but it is included without additional charge for all speakers, students, those attending as corporate sponsors, or on other special admission rates. Please consider attending to spend more time meeting and talking with colleagues and to hear the after-dinner remarks.
The Center for Banking and Finance Leadership Award
This award is given for just the sixth time tonight in recognition of outstanding contributions to the Center for Banking and Finance. Please join us in celebrating Gene Katz.
Eugene M. Katz, Wells Fargo & Company, Charlotte
Introduced by: Lissa L. Broome, Director, Center for Banking and Finance, UNC School of Law
Katz is Senior Company Counsel (Regulatory and Compliance) for Wells Fargo & Company in Charlotte. He has served on the Board of Advisors for the Banking Institute 2000 and has provided incredible support throughout the years, including serving as a Banking Institute panelist and coordinator, Practitioner in Residence and the UNC School of Law, host of multiple Career Treks, and founding faculty member of the ABCs of Banking Law.
Gene’s distinguished career began with government service. He worked with the Department of Justice, the Federal Home Loan Bank Board, the Office of Thrift Supervision, and the Office of the Comptroller of the Currency where he was Director of the Litigation Division. He then practiced law with firms in D.C. and Charlotte before beginning his in-house career with Wachovia. Prior to Wachovia’s merger into Wells Fargo, he was the Senior Vice President and Assistant General Counsel of Wachovia. He received his undergraduate and law school degrees from Tulane University. He is an active member of the ABA Business Law Section’s Banking Law Committee.
The Sixth Annual George and Susan Beischer Address:
Tackling the Ancient Bank Policy Problem of Run Risk: How the simple but extremely powerful concept of subordination is being used in bank resolution planning to avoid runs, fire-sales, and financial panic.
John C. Dugan, Covington & Burling LLP, Washington, D.C.
Dugan, formerly Comptroller of the Currency from 2005-10, is a partner in Covington & Burling’s Washington, D.C. office and chairs the firm’s Financial Institutions Group. He advises clients on a range of legal matters affected by significantly increased regulatory requirements resulting from the financial crisis.
As Comptroller, John headed the agency that supervises over 1,500 national banks and federal branches of foreign banks, which together hold nearly two-thirds of the assets of the US commercial banking system. He also served on the Board of Directors of the Federal Deposit Insurance Corporation. During his five-year term, Dugan led the Office of the Comptroller of the Currency (OCC) through the financial crisis and ensuing recession that resulted in extraordinary regulatory and supervisory actions for national banks of all sizes, including government assistance provided under the Troubled Asset Relief Program (TARP); resolutions of large, mid-size, and community banks; and the successful implementation of regulatory “stress tests.”
Before serving as Comptroller, he was a partner at Covington & Burling, specializing in financial institution regulatory matters from 1993-2005. He had previously served at the U.S. Department of the Treasury from 1989 to 1993, where he was appointed Assistant Secretary for Domestic Finance and had extensive responsibility for policy initiatives involving banks and financial institutions, including the savings and loan cleanup, Glass-Steagall and banking reform, and regulation of government-sponsored enterprises. From 1985 to 1989, Dugan was Counsel and Minority General Counsel for the U.S. Senate Committee on Banking, Housing, and Urban Affairs. He is a graduate of the University of Michigan and Harvard Law School.
In the Beischer Challenge, George and Susan Beischer agreed to match up to $1 million of gifts and pledges to the Center for Banking and Finance. The gift was completed in 2011.In honor of this transformative gift to the Center, its board of advisors voted to name the after-dinner address at the annual Banking Institute in honor of the Beischers. We are pleased that the Beischer Address is an annual opportunity to honor the memory of George and Susan and remember their generosity.
Friday, march 24, 2017
7:15 - 8:15 a.m.
Coffee and Breakfast
8:15 - 9:15 a.m.
The Legal Ethics Surrounding Internal Investigations – Obligations of Inside and Outside Counsel
John D. Adams, McGuireWoods, Richmond
Beth DeSimone, CenterState Bank of Florida, N.A. (coordinator and moderator)
Lisa McDougald, BB&T Corporation, Raleigh
Ed O’Keefe, Moore & Van Allen, Charlotte
This group will provide a review of
the Supreme Court’s five bankruptcy decisions from the lasts Term and some
courts of appeals decisions of interest to bankers and their lawyers, including
bankruptcy authority, mortgage strip-down, treatment of undistributed cash in
Chapter 13 cases, and dischargeability.
9:15 - 10:00 a.m.
The Donald C.
Clifford, Jr. Distinguished Lecture on Consumer Law
Mark Pearce, Director of the Division of Depositor and Consumer Protection, FDIC, Washington, D.C.
Mark Pearce is the Director of the FDIC’s Division of Depositor and Consumer Protection (DCP) and leads the FDIC’s efforts to protect depositors and consumers nationwide. The Division has responsibility for the FDIC’s compliance and CRA examination and supervision for approximately 4,000 state non-member institutions, research and policy development related to consumers’ use of financial products and services, depositor and consumer assistance, community affairs, financial education and economic inclusion efforts.
Prior to joining the FDIC, he was the Chief Deputy Commissioner of Banks for the State of North Carolina. He has served as President of the American Association of Residential Mortgage Regulators. Previously, he was President of the Center for Responsible Lending and has worked for Self-Help, the largest community development financial institution in the nation.
Pearce graduated from the University of North Carolina at Chapel Hill and Harvard Law School.
Distinguished Lecture on Consumer Law was established by the UNC School of Law
and friends following Professor Clifford’s death. Donald Clifford was the Aubrey L. Brooks
Professor and served as a faculty member of Carolina Law from 1964 to 2004,
specializing in commercial and consumer law. He founded the law school’s very successful Festival of Legal Learning
and served as a member of the Board of Advisors for the Center for Banking and
10:00 a.m. - 10:15 a.m.
10:15 a.m. - 11:15 p.m.
Developments in AML and Sanctions Law
Jodi L. Avergun, Cadwalader, Wickersham & Taft LLP, Washington, D.C.
Scott A. Cammarn, Cadwalader, Wickersham & Taft LLP, Charlotte, (coordinator)
Jamal El-Hindi, Financial Crimes Enforcement Network, Washington, DC
Frederick Reynolds, Barclays, Washington, D.C.
The panel will discuss hot topics in AML, including beneficial ownership requirements, the confluence of cyber-security and AML, best practices for BSA compliance, and the FinCEN 2017 regulatory agenda.
11:15 a.m. - 11:30 a.m.
11:30 a.m. - 12:30 p.m.
Updates in Fair Lending/Redlining Enforcement Cases
The panel will review fair lending law and redlining, with a focus on recent enforcement actions. The panelists will discuss what they believe will be trending in future fair lending cases and what lenders need to give attention to in fair lending compliance management.
Brooks F. Bossong, Nexsen Pruet LLP, Greensboro (co-coordinator and moderator)
Marsha J. Courchane, Charles River Associates, Washington, D.C.
Brian C. McCormally, Arnold & Porter LLP, Washington, D.C.
James W. Stevens, Troutman Sanders LLP, Atlanta (co-coordinator)
Martha J. Svoboda, Poyner Spruill LLP, Raleigh
12:30 - 2:30 p.m.
Center for Banking and Finance Board of Advisors Luncheon Meeting