Bank Regulatory: Basics & Beyond

Originally held on Friday, March 15, 2019 | 9:00 a.m. – 1:00 p.m.

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Program Chair:

Adele Hogan
Former Director
Forensic, Litigation & Valuation Services
Baker Tilly Virchow Krause, LLP

  • This course will enable both in-house and outside counsel to expand their skills and be more valuable to their clients by covering the why, what, when, where and how of bank regulations. The bank regulatory environment has completely changed in the last few years and further changes are coming. You will learn about these changes from experts in the field. Lawyers who practice in finance, securities, lending, M&A, litigation, anti-financial crimes and regulatory areas need to increase their knowledge of this area to effectively advise clients.

    This basic course will cover the three lines of defense for regulatory matters – business units, compliance/legal and audit. It will cover the Volcker Rule, capital requirements (CCAR, DFAST), liquidity (Basel IV), Resolution Plans (“Living Wills”), Anti-Money Laundering (“AML”), Know Your Customer (“KYC”), Sanctions, Office of Foreign Asset Control (“OFAC”), Foreign Corrupt Practices Act (“FCPA”), Committee on Foreign Interests in the US (“CFIUS”), data privacy rules and other important bank regulations. Bank trends in legal tech solutions for derivatives and legal contracts. Bank regulatory rules for initial coin offerings, blockchain and smart contracts will also be covered. There will be one ethics credit relating to compliance with bank regulations and how to structure deals and lending arrangements within the parameters of some of these new regulations.

    OnDemand: $189 for Members | $289 for Nonmembers

    Members who are Recent Law Graduates (not yet admitted), Newly Admitted Lawyers, In-House/Corporate Counsel, Judges (and their staff), or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

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  • James P. Bergin
    Federal Reserve Bank of New York

    Edina Cavalli
    Managing Director
    Royal Bank of Canada

    John L. Douglas
    Davis Polk & Wardwell LLP

    Adam Hopkins
    Managing Director & Deputy General Counsel, Capital Markets
    Mizuho Capital Markets Corp.

    Joshua Ashley Klayman
    Klayman LLC

    Andrea Lowenthal
    ANZ America | Head of Legal | Institutional & International Banking
    Australia and New Zealand Banking Group Limited

    Gregory J. Lyons
    Debevoise & Plimpton LLP

    Matthew Musselman
    Executive Director and Assistant General Counsel
    JPMorgan Chase & Co.

    Aaron Nagano
    Executive Director, Legal & Compliance Division
    Morgan Stanley

    Beate Parra
    Managing Director, Head of Legal
    UniCredit

    Reena Agrawal Sahni
    Shearman & Sterling LLP

    Stephen M. Salley
    Sullivan & Cromwell LLP

    Susan Steinthal
    EVP, Deputy General Counsel
    Head of Consumer Legal
    Citizens Financial Group

    Christina Voulgarelis
    Federal Deposit Insurance Corporation (FDIC)

    David Wagner
    Executive Managing Director and Head of Finance, Risk and Audit Affairs
    The Clearing House Association L.L.C.

    Ken Walker
    Managing Partner
    Exeter Consulting & Capital Management

    Mark Zingale
    Head of Regulatory Resolution
    Wells Fargo

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  • 9:00 am – 10:00 am Bank Regulatory Basic Regulatory Framework

    • Bank regulatory framework – regulators and their roles
    • Bank merger activity and regulatory restrictions
    • Update on Dodd Frank, Volcker Rule, Resolution Plans (“Living Wills”)
    • Capital and liquidity requirements
    • Current outlook on Brexit, LIBOR substitutions, other pending matters

    James Bergin, John Douglas, Matt Musselman, Stephen Salley, Christina Vougarelis & Mark Zingale
    10:00 am – 10:50 am Key Compliance Areas and Trends

    • FinTech – Developments
      • Cryptocurrencies and tokens
      • Blockchain and distributed ledgers
      • Peer to peer lending
      • Securitization – mortgages, student loans, credit cards, other
      • Other market disrupters
    • RegTech and Legal Tech
      • Documentation projects
    • Triple lines of defense and functions: roles of business units, risk, compliance, legal and audit
    • Anti-Financial Crimes
      • Anti-Money Laundering and Bank Secrecy Act (“AML/BSA”)
      • Office of Foreign Asset Control (“OFAC”), sanctions and embargos “
      • Foreign Corrupt Practices Act and three lines of defense (“FCPA”)
      • Financial Fraud and Other
    • Vendor Management, Legal Entities Management, Derivatives Managaement, Consultants and Law Firms
    • Technology Management
      • Digitization, Documentation Projects
      • IT Contracts Trends
    • Risk
      • Model Governance
      • Types of Risk – Credit Risk, Reputational Risk, Legal Risk, Regulatory Risk, Market Risk, Etc.

    Joshua Ashley Klayman, Aaron Nagano, Reena Agrawal Sahni & Susan Steinthal
    10:50 am – 11:00 am Break
    10:50 am – 11:00 am Roles of Business Units, Legal, Compliance and Audit

    • Financial requirements and how they impact financings and deals
      • Capital and Basel requirements and risk evaluation measures
      • DFAST
      • CCAR
      • Capital requirements and risk evaluation measures
      • Current Expected Credit Losses (“CECL”) US GAAP change
    • Types of issues
      • Internal investigations,
      • White collar issues and
      • Class actions
      • Matters Requiring (Immediate) Attention (MRAs and MRIAs)
    • Consent Orders and MOUs

    Greg J. Lyons, David Wagner, Ken Walker
    12:00 pm – 1:00 pm Ethics Related to Selected Bank Regulations

    • Monitors at Financial Institutions – ethics related to confidentiality
    • Data and Privacy Developments – ethics related to confidentiality
    • Structured Products – ethical related to competence
    • Volcker Rule and Crapo Bill (Economic Growth, Regulatory Relief and Consumer Protection Act) – ethical rules related to diligence
    • Investment Management Developments – ethical rules related to competence
    • Current market developments

    Edina Cavalli, Adele Hogan, Adam Hopkins, Andrea Lowenthal & Beate Parra

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  • CLE Credit
    New York:     4.0 Total: 3.0 Professional Practice, 1,0 Ethics
    New Jersey:     4.3 total: 3.1 general & 1.2 professional responsibility
    California:     3.5 total: 2.5 general & 1.0 professional responsibility
    Pennsylvania:     3.5 total: 2.5 general & 1.0 professional responsibility

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  • Sponsoring Association Committees:
    Banking Law, Gregory J. Lyons, Chair
    Mergers, Acquisitions & Corporate Control Contests, Trevor S. Norwitz, Chair
    Private Investment Funds, Rebecca F. Silberstein, Chair
    Securities Regulation, David S. Huntington, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org

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