Wednesday, March 21, 2018
5:30 - 7:30 p.m.
Opening Reception - Sponsored by Kane Russell Coleman & Logan PC, Dallas and Houston
We would like to thank the law firm of Kane Russell Coleman & Logan for sponsoring a reception for attendees of The ABCs of Banking Law and the Banking Institute attendees at the Ritz-Carlton Charlotte. Registered attendees for each program will receive an invitation with more details from Kane Russell.
Thursday, March 22, 2018
11:15 a.m. - 12:30 p.m.
M&A Structural Issues Related to Charters and Holding Companies - Trends, Challenges and Opportunities
Scott M.A. Clark, Sandler O’Neill + Partners, LP, New York, NY
V. Gerard Comizio, Fried, Frank, Harris, Shriver & Jacobson LLP, Washington, DC
Lybarger, Office of the Comptroller of the Currency, Washington, DC
Glenn E. Morrical, Tucker Ellis LLP, Cleveland, OH
Robinson, Wachtell, Lipton, Rosen & Katz New York, NY (coordinator)
Scott R. Tkacz, Board of Governors of the Federal Reserve System, Washington, DC
A favorable environment for mergers and acquisitions, particularly among small and mid-size banks, is expected to continue due, in part, to the need for scale to combat the ever-increasing costs of compliance and the need for technological enhancements to remain competitive by upgrading delivery systems and improving the customer experience. Boards of directors and senior management will continue to grapple with decisions of whether to acquire or be acquired, and under what terms. Certainty and speed of M&A execution continue to provide challenges in the current regulatory environment, but improvements are emerging. To assist in all these challenges, an increasing number of banking organizations are considering changes to simplify their organizational structure, including by removing their holding companies. Others are reevaluating their supervisory status and considering conversions that would change the banking agency (or agencies) which supervise them. The panel of government officials, an investment banker and private sector attorneys will discuss current trends in M&A and regulatory application processing, provide suggestions and discuss key issues in the decision-making process for M&A, holding company elimination and/or conversion to a different banking supervisor.
12:30 - 1:10 p.m.
1:10 - 2:00 p.m.
John G. Finneran, Capital One, McLean, VA
Introduced by: Kenneth Miller, Bank of America, Charlotte, NC
Mr. John G.
Finneran, Jr. is Chief Risk Officer and Corporate Secretary of Capital One
Financial Corporation and leads its Risk Management and Corporate Governance
organizations. Mr. Finneran joined
Capital One in September 1994 as General Counsel and Corporate Secretary, a
position held until February 2018. He was responsible for overseeing Capital One's legal, governmental affairs,
compliance, corporate governance, controls and governance programs, corporate
communications, regulatory relations and corporate affairs departments and was
also responsible for Capital One's internal audit department for administrative
purposes. As Chief Risk Officer, he is
responsible for overseeing credit, compliance, operational, market and
liquidity, and enterprise risk management functions, along with continued
responsibility for the corporate governance function. Mr. Finneran previously worked at Cleary,
Gottlieb, Steen & Hamilton, and then at the FDIC. He has been a Director of Local
Initiatives Support Corporation since 2002.
2:00 - 2:15 p.m.
2:15 - 3:30 p.m.
The Impact of Fintechs on Traditional Banking: Fintech Revolution or Bank Evolution?
Harbrecht, Fifth Third Bancorp, Charlotte, NC (coordinator)
Ben Hoffman, Fifth Third Bancorp, Cincinnati, OH
T. Middlebrook, Womble Bond Dickinson (US) LLP, Atlanta, GA
Michael Praeger, AvidXchange, Charlotte, NC
John W. Ryan,
Conference of State Bank Supervisors, Washington, DC
The rapid expansion of technology-based financial services has created
plentiful opportunities and challenges for all sectors of the financial
services industry. The pace of change in financial services technology
activities, or “fintech,” is accelerating, with a plethora of new bank and
non-bank market entrants, and an increasing federal and state governmental
interest in the functioning and regulation of these activities. The panel of
private sector and government officials will discuss current issues and trends
in this intriguing marketplace, highlight the competitive forces between
fintech firms and banks, and the evolving regulatory landscape.
3:30 - 3:45 p.m.
3:45 - 5:00 p.m.
LIBOR and the Potential Replacement Reference Rates: Where Do We Go from Here?
Ann Battle, International Swaps and Derivatives Association, Washington, DC
David T. Bloom, SunTrust Banks, Inc., Atlanta, GA
Neil T. Bloomfield, Moore & Van Allen PLLC, Charlotte, NC (co-coordinator)
Raymond B. Check, Federal Reserve Bank of New York, New York, NY
Harriet Hunnable, Financial Conduct Authority, London, UK
Edward P. O'Keefe, Moore & Van Allen PLLC, Charlotte, NC (co-coordinator)
Joaquin M. Sena, Bank of America, New York, NY (moderator)
The potential transition away from LIBOR has raised
significant concerns in the financial markets. These concerns include
whether LIBOR will end in 2021, what rates are likely to be used to replace it,
what fallback language should be included in contracts in the interim, and how
can the risks be hedged. Regulators in the U.S. and the U.K., industry
groups and institutions have been working to address these issues before the transition
is necessary. The diverse panel will focus on the issues that
developed with LIBOR and other reference rates and issues that still
persist. They will also cover the alternative reference rates being
considered in the U.S. and the U.K. Finally, the panel will discuss what
financial institutions can do now given the market uncertainty .
5:00 - 6:00 p.m.
Reception hosted by Johnston Pratt PLLC, Dallas, TX
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
2018 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 Seventh Annual George and Susan Beischer Address:
H. Rodgin Cohen, Sullivan & Cromwell LLP, New York, NY
Introduced by: Ed O'Keefe, Moore & Van Allen, Charlotte, NC
Rodge Cohen is the Senior Chairman of Sullivan
& Cromwell. The primary focus of his
practice is acquisition, regulatory, enforcement and securities law matters for
U.S. and non-U.S. banking and other financial institutions and their trade
associations, and corporate governance matters for a wide variety of
organizations. During the 2008 Financial
Crisis, Mr. Cohen and Sullivan & Cromwell represented, among others, Bear
Stearns, Lehman, Fannie Mae, AIG, Wachovia, National City, JPMorgan (in its
acquisition of WAMU), Barclays (following Lehman’s bankruptcy), MUFG (in its
investment in Morgan Stanley) and Banco Popular (in its acquisition of Western
and Doral). He is widely regarded
as the preeminent financial services regulatory attorney in the industry.
In the Beischer Challenge, George and Susan Beischer agreed to match up
to $1 million of grifts 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 23, 2018
7:10 - 8:15 a.m.
Coffee and Breakfast
8:15 - 9:15 a.m.
Doing Good and Doing It Well: Opportunities for Regional and Community Banks to Facilitate Affordable Housing and Community Development
Catherine A. Cawthon, Fifth Third Community Development Corporation, Columbus, OH
Peter J. Duffley, Womble Bond Dickinson (US) LLP, Raleigh, NC (moderator)
Arthur L. Fleming, Federal Home Loan Bank of Atlanta, Atlanta, GA
Christopher E. Leon, Womble Bond Dickinson (US) LLP, Winston-Salem, NC (coordinator)
John V. Rucker, Stifel, Nicolaus & Company, Inc., Birmingham, AL
This panel will discuss how Regional and Community Banks can participate in and promote affordable housing, historic preservation and community development.
9:15 - 10:00 a.m.
The Donald C.
Clifford, Jr. Distinguished Lecture on Consumer Law:
Grovetta Gardineer, Office of the Comptroller of the Currency, Washington, DC
Introduced by: Beth S. DeSimone, CenterState Bank, N.A., Winter Haven, FL
Grovetta Gardineer is the Senior Deputy
Comptroller for Compliance and Community Affairs at the Office of the
Comptroller of the Currency (OCC). In
this role, she serves as a member of the agency’s Executive Committee
and Committee on Bank Supervision. She oversees agency compliance exams on
national banks and federal savings associations and supervises the agency’s
Community Affairs and Community Reinvestment Act (CRA) programs. She also has responsibilities for policy and examination procedures relating to
consumer issues and anti-money laundering and for representing the agency on
interagency groups and activities related to compliance, CRA, fair lending, and
the Bank Secrecy Act. She assumed this role in March 2016.
She previously served as Deputy
Comptroller for Compliance Risk at the OCC and oversaw development of policy
and examination procedures relating to consumer issues and anti-money
laundering. She served as a key advisor to the Committee on Bank Supervision
and to the Comptroller on compliance and CRA matters. She joined the
OCC in 2010.
Prior to joining the agency, she worked for the Office of Thrift
Supervision (OTS) and as an attorney with the FDIC. She earned her B.A. from Wake
Forest University and J.D. from North Carolina Central University.
The Clifford 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 Finance.
10:00 a.m. - 10:15 a.m.
10:15 a.m. - 11:15 p.m.
Sound and Fury - Recent Developments Within the CFPB
Beth S. DeSimone, CenterState Bank, N.A., Winter Haven, FL (coordinator)
Gerry S. Sachs, Venable LLP, Washington, DC
R. Colgate Selden, Promontory MortgagePath, Washington, DC
The November resignation of Richard Cordray and
the subsequent very public legal tussle over his successor capped an eventful
year at the CFPB, that included regulatory developments such as the issuance of
payday lending regulations, rules around arbitration, credit reports, loan
servicing, TRID Rule revisions, not to mention a significant expansion of HMDA
reporting. The hype and drama around the
CFPB continued with the use of the Congressional Review Act to nullify some of
those rules and announcements by the Acting Director regarding reopening other
final rules. There also were significant
court decisions impacting the CFPB and key enforcement actions. The panel will discuss these developments, as
well as the legal tussle over CFPB director succession, and the possible impact
on the direction of the CFPB going forward.
11:15 a.m. - 11:30 a.m.
11:30 a.m. - 12:30 p.m.
Prospects for Bank Regulatory Reform in 2018
Bimal Patel, U.S. Department of the Treasury, Washington, DC
David F. Freeman, Jr., Arnold & Porter Kaye Scholer LLP, Washington, DC (coordinator)
John W. Ryan, Conference of State Bank Supervisors, Washington, DC
Laurie S. Schaffer, Board of Governors of the Federal Reserve System, Washington, DC
Panelists will discuss prospects for bank
regulatory reform in 2018. Discussion
will include both legislative activity and initiatives at the federal banking
agencies to update and streamline the program for federal banking
regulation. Areas for discussion to
include systemic risk regulation, processes and size triggers, updating Dodd-Frank
Act reforms and implementing rules, and modernizing regulations to address a
continuing evolution of the financial services industry.
12:30 - 2:30 p.m.
Center for Banking and Finance Board of Advisors Luncheon Meeting