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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

10:30 a.m.


11:15 a.m.

Opening Remarks

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 & Jacobsen LLP, Washington, DC
  • Stephen A. Lybarger, Office of the Comptroller of the Currency, Washington, DC
  • Glenn E. Morrical, Tucker Ellis LLP, Cleveland, OH
  • Patricia 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.

Lunch (Included)

1:10 - 2:00 p.m.

Bank Counsel Remarks

John G. Finneran, Capital One, New York, NY

Introduced by: Kenneth Miller, Bank of America, Charlotte, NC

Mr. John G. Finneran, Jr., has been General Counsel and Corporate Secretary of Capital One Financial Corporation since September 1994. Mr. Finneran is 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 is also responsible for Capital One's internal audit department for administrative purposes. He joined Capital One Financial Corp. in September 1994 and served as its Executive Vice President of Corporate Reputation & Governance. Mr. Finneran 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?

  • Grant Harbrecht, Fifth Third Bancorp, Charlotte, NC (coordinator)
  • Stephen Middlebrook, Womble Bond Dickinson, Atlanta, GA
  • Mike Praeger, AvidXchange, Charlotte, NC
  • John Ryan, Conference of State Bank Supervisors, Washington, DC
  • Tim Spence, Fifth Third Bank, Cincinnati, OH

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, Inc., Washington, DC
  • David Bloom, SunTrust, Atlanta, GA     
  • Neil Bloomfield, Moore & Van Allen, Charlotte, NC (co-coordinator with Ed O’Keefe)
  • Raymond Check, Federal Reserve Bank of New York, New York, NY
  • Harriet Hunnable, Financial Conduct Authority, London, England
  • Joaquin M. Sena, Bank of America, Charlotte, NC (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 

This 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 Institute.

6:00 p.m. 

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

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).  Mr. Cohen 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 Cawthon, Fifth Third Bank, Cincinnati, OH
  • Peter Duffley, Womble Bond Dickinson (US) LLP, Raleigh, NC (moderator)
  • Art Fleming, Federal Home Loan Bank of Atlanta, Atlanta, GA
  • Christopher E. Leon, Womble Bond Dickinson, Winston-Salem, NC (coordinator)
  • John 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 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, Ms. Gardineer 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. Ms. Gardineer 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. 

Ms. Gardineer 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. Ms. Gardineer 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. Ms. Gardineer 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 DeSimone, CenterState Bank, N.A., Winter Haven, FL (coordinator)
  • Gerry Sachs, Venable, Washington, DC
  • 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 
  • David F. Freeman, Jr., Arnold & Porter, Washington, D.C. (coordinator)
  • Laurie S. Schaffer, Board of Governors of the Federal Reserve System, Washington, DC
  • Courtney Robinson, House Financial Services Committee Minority legal staff
  • Senate Banking Committee staff [invited]

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

UNC School of Law | Van Hecke-Wettach Hall | 160 Ridge Road, CB #3380 | Chapel Hill, NC 27599-3380 | 919.962.5106 | Accessibility

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