2015 banking institute - unc school of la€¦ · 2015 banking institute ... please join us in...

14
2015 Banking Institute Wednesday, March 25 5:30 – 7:30 Reception hosted by Kane Russell Coleman & Logan PC, Dallas and Houston Thursday, March 26 10:00 – 11:15 Registration and Coffee 11:15 – 12:30 Evolving Governance Realities for Financial Institutions Anthony R. Augliera, Wells Fargo & Company, Charlotte Eric R. Fischer, Boston University Center for Finance, Law & Policy, Boston Mary H. (Molly) Scherf, Office of the Comptroller of the Currency, Washington, DC Peter G. Weinstock, Hunton & Williams, Dallas (moderator) In 2014, regulators moved the goal posts on responsibilities of financial institution management and boards. The OCC issued its “heightened” guidelines for governance and risk management practices. Governor Tarullo spoke about enhancing governance and expanding directors’ fiduciary duties. This session will examine the principles embodied in such standards and positions, their broader implications, and how they are being implemented. 12:30 – 1:00 Lunch 1:00 – 1:45 Bank Counsel Remarks Andrew Hutcher and Anthony O’Connor, Credit Suisse Credit Suisse is a leading global financial services company. It operates as an integrated bank with two global divisions: Private Banking and Wealth Management and Investment Banking. Credit Suisse’s Center of Excellence in the Americas, employing almost 1,400 staff, is located in the Research Triangle Park, and provides a cost effective global business support center. Andy Hutcher is a Managing Director and Counsel of Credit Suisse in the General Counsel division, based in New York. He is Chief Operating Officer of the Advisory and Control Group in the Americas and manages several groups that provide legal and advisory services, consisting of the documentation of master and related agreements for derivatives; Americas country coverage in Brazil, the rest of Latin America and the Caribbean, and Canada; and certain regulatory matters. Hutcher serves on the Americas General Counsel Management and Operating Committees. Prior to joining Credit Suisse, Hutcher was at Shearman and Sterling. Hutcher received his B.S. from the University of Virginia and his J.D. from Vanderbilt University School of Law. Tony O’Connor is a Director and Counsel at Credit Suisse, based in Research Triangle Park, North Carolina. He manages the General Counsel Division’s first-of-a-kind Legal Associate Program and 1L Summer Associate Program in RTP. He is also the Americas Practice Group Leader for data management, privacy, intellectual property, and sourcing. Prior to joining Credit Suisse, Tony was a senior counsel at IBM, an associate at Davis Polk & Wardwell, and a law clerk for a federal district court judge. Tony received his A.B. from Princeton University and his J.D. from New York University. 1:45 -- 2:00 Break

Upload: truongnhan

Post on 23-Jul-2018

217 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: 2015 Banking Institute - UNC School of La€¦ · 2015 Banking Institute ... Please join us in celebrating Tony Gaeta. Anthony Gaeta, ... joining Wyrick Robbins, Tony was the founder

2015 Banking Institute

Wednesday, March 25 5:30 – 7:30 Reception hosted by Kane Russell Coleman & Logan PC, Dallas and Houston

Thursday, March 26 10:00 – 11:15 Registration and Coffee 11:15 – 12:30 Evolving Governance Realities for Financial Institutions

Anthony R. Augliera, Wells Fargo & Company, Charlotte Eric R. Fischer, Boston University Center for Finance, Law & Policy, Boston Mary H. (Molly) Scherf, Office of the Comptroller of the Currency, Washington, DC Peter G. Weinstock, Hunton & Williams, Dallas (moderator)

In 2014, regulators moved the goal posts on responsibilities of financial institution management and boards. The OCC issued its “heightened” guidelines for governance and risk management practices. Governor Tarullo spoke about enhancing governance and expanding directors’ fiduciary duties. This session will examine the principles embodied in such standards and positions, their broader implications, and how they are being implemented.

12:30 – 1:00 Lunch 1:00 – 1:45 Bank Counsel Remarks

Andrew Hutcher and Anthony O’Connor, Credit Suisse

Credit Suisse is a leading global financial services company. It operates as an integrated bank with two global divisions: Private Banking and Wealth Management and Investment Banking. Credit Suisse’s Center of Excellence in the Americas, employing almost 1,400 staff, is located in the Research Triangle Park, and provides a cost effective global business support center. Andy Hutcher is a Managing Director and Counsel of Credit Suisse in the General Counsel division, based in New York. He is Chief Operating Officer of the Advisory and Control Group in the Americas and manages several groups that provide legal and advisory services, consisting of the documentation of master and related agreements for derivatives; Americas country coverage in Brazil, the rest of Latin America and the Caribbean, and Canada; and certain regulatory matters. Hutcher serves on the Americas General Counsel Management and Operating Committees. Prior to joining Credit Suisse, Hutcher was at Shearman and Sterling. Hutcher received his B.S. from the University of Virginia and his J.D. from Vanderbilt University School of Law. Tony O’Connor is a Director and Counsel at Credit Suisse, based in Research Triangle Park, North Carolina. He manages the General Counsel Division’s first-of-a-kind Legal Associate Program and 1L Summer Associate Program in RTP. He is also the Americas Practice Group Leader for data management, privacy, intellectual property, and sourcing. Prior to joining Credit Suisse, Tony was a senior counsel at IBM, an associate at Davis Polk & Wardwell, and a law clerk for a federal district court judge. Tony received his A.B. from Princeton University and his J.D. from New York University.

1:45 -- 2:00 Break

Page 2: 2015 Banking Institute - UNC School of La€¦ · 2015 Banking Institute ... Please join us in celebrating Tony Gaeta. Anthony Gaeta, ... joining Wyrick Robbins, Tony was the founder

2:00 – 3:30 Too Big to Fail

Ron Feldman, Federal Reserve Bank of Minneapolis Pamela Bickford Sak, Bank of America, Charlotte Joseph A. Smith, Jr., Monitoring Ltd., Raleigh (coordinator) Thomas P. Vartanian, Dechert LLP, Washington, DC

The panel will discuss Too Big to Fail, how regulators try to eliminate TBTF, living wills, and how TBTF is impacted by SIFI designation.

3:30 – 3:45 Break 3:45 – 5:00 Hot Topics for Community Banks

B.T. Atkinson, Nelson Mullins Riley & Scarborough LLP, Charlotte Todd H. Eveson, Wyrick Robbins Yates & Ponton, LLP, Raleigh Glenn E. Morrical, Tucker Ellis, LLP, Cleveland M. Patricia (Pat) Oliver, Tucker Ellis, LLP, Cleveland (moderator) Michael J. Shumaker, Bryan Cave, LLP, Atlanta

This panel will discuss some of the challenges faced by community banks, including access to capital and capital raising techniques; current challenges in the regulatory climate; getting M&A deals done: community banks as buyers and sellers; and the future of the community banking model.

5:00 – 6:00 Reception – Sponsored by The Clearing House

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.

The Clearing House is the oldest banking association and payments company in the United States, having been established in 1853. It is owned by the world’s largest commercial banks. The Clearing House Payments Company L.L.C. provides payment, clearing, and settlement services to its member banks and other financial institutions, clearing almost $2 trillion daily and representing nearly half of the automated-clearing-house, funds-transfer, and check-image payments made in the U.S. The Clearing House Association L.L.C. is a nonpartisan advocacy organization representing the interests of its owner banks on a variety of important banking issues. We are grateful to The Clearing House for its generous support of this reception and of our New York Lecture series.

Page 3: 2015 Banking Institute - UNC School of La€¦ · 2015 Banking Institute ... Please join us in celebrating Tony Gaeta. Anthony Gaeta, ... joining Wyrick Robbins, Tony was the founder

6:00 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 fifth time tonight in recognition of outstanding contributions to banking law and the banking industry. Please join us in celebrating Tony Gaeta.

Anthony Gaeta, Jr., Wyrick Robbins Yates & Ponton LLP, Raleigh

Introduced by: Lissa L. Broome, Director, Center for Banking and Finance, UNC School of Law

Tony practices with Wyrick Robbins with a focus on financial institutions. He has served on the Board of Advisors for the Banking Institute since its inception almost twenty years ago and has been a guiding force in ensuring its success and financial support.

Tony taught Mergers & Acquisitions at the UNC School of Law for a number of years. Prior to joining Wyrick Robbins, Tony was the founder of Gaeta & Eveson, PA. His career began at Simpson Thacher & Bartlett after graduating from Wesleyan University and receiving his J.D. from William and Mary. He has worked at Ward and Smith, Moore & Van Allen, and as General Counsel to United Carolina Bancshares Corporation (now part of BB&T Corporation).

6:45 – 7:20 The Fourth Annual George and Susan Beischer Address

John D. (Jerry) Hawke, Jr., Arnold & Porter LLP, Washington, DC Introduced by: A. Patrick Doyle, Arnold & Porter LLP, Washington, DC

Jerry Hawke has served as Comptroller of the Currency (1998-2004), Under Secretary of the Treasury for Domestic Finance (1996-1998), and General Counsel to the Board of Governors of the Federal Reserve System (1975-1978). He began his career as a law clerk to Judge E. Barrett Prettyman on the U.S. Court of Appeals for the District of Columbia, followed by work as counsel to the Select Committee on Education in the House of Representatives. Hawke then joined Arnold & Porter and has worked there since that time, except when his practice was interrupted by government service. 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 and celebrated at the William Horn Battle Society Dinner on April 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.

Page 4: 2015 Banking Institute - UNC School of La€¦ · 2015 Banking Institute ... Please join us in celebrating Tony Gaeta. Anthony Gaeta, ... joining Wyrick Robbins, Tony was the founder

Friday, March 27 7:45 – 8:30 Coffee and Breakfast 8:30 – 9:45 Dodd-Frank Act and Other Regulatory Developments—The Work Continues

David T. Bloom, SunTrust Banks, Inc., Atlanta Scott A. Cammarn, Cadwalader, Wickersham & Taft LLP, Charlotte A. Patrick Doyle, Arnold & Porter LLP, Washington, DC (co-coordinator) Anna M. Harrington, Board of Governors of the Federal Reserve System, Washington, DC Charles M. Horn, Morgan, Lewis & Bockius LLP, Washington, DC (co-coordinator)

The federal financial regulatory agencies have continued their multi-year efforts to implement the Dodd-Frank Act, taking important regulatory actions in 2014, including actions on matters such as regulatory capital and liquidity requirements, prudential regulation and supervision, board governance developments, credit risk retention requirements for securitization transactions, and money market mutual fund reform. The agencies and the financial services industry, however, continue to contend with important and difficult regulatory issues such as the scope and impact of the Volcker Rule and its implementing regulations, and the ongoing implementation of derivatives reform and municipal advisor regulatory requirements. Further, several important provisions of the Dodd-Frank Act, including regulatory action on financial institution executive compensation requirements, still remain to be implemented. Also, Congress already has enacted recent amendments to the Dodd-Frank Act, and other legislative changes may be considered in 2015. This panel of regulatory practitioners and agency officials will discuss these and other key regulatory issues, and their implications for money center, regional, and community banking organizations.

9:45 – 10:00 Break 10:00 – 11:00 The Donald C. Clifford, Jr. Distinguished Lecture on Consumer Law

Barry Zigas, Director of Housing Policy, Consumer Federation of America Introduced by: Donald C. Lampe, Morrison & Foerster LLP, Washington, DC Barry Zigas became the Director of Housing Policy for the CFA in 2008. He also consults with nonprofits and foundations on strategy, innovation, and leadership through his firm, Zigas and Associates LLC. Zigas previously served as Senior Vice President at Fannie Mae where he led the company’s single family community lending initiatives. Prior to his time at Fannie, he was the President of the National Low Income Housing Coalition. He has also served as Associate Executive Director at the U.S. Conference of Mayors. Zigas received his undergraduate degree at Grinnell College and is a graduate of the Wharton School’s Advanced Management Program. 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.

11:00 – 11:15 Break

Page 5: 2015 Banking Institute - UNC School of La€¦ · 2015 Banking Institute ... Please join us in celebrating Tony Gaeta. Anthony Gaeta, ... joining Wyrick Robbins, Tony was the founder

11:15 – 12:30 The Regulatory Underpinnings of Commercial Lending

Melissa R. H. Hall, Morgan, Lewis & Bockius LLP, Washington, DC Seth M. Huffstetler, Robinson Bradshaw & Hinson, Charlotte, NC (moderator) Donald C. Lampe, Morrison & Foerster LLP, Washington, DC (coordinator) Phillip A. Wertz, Bank of America, Charlotte

In the everyday practice of commercial lending, questions of deal structure, loan terms, loan documentation and borrower type often revolve around rules, regulations, and interpretations of the federal banking regulators. Yet, most “deal” attorneys are not expected to master banking regulation. This presentation will help commercial lending practitioners and others spot common regulatory issues such as Regulation W, capital requirements, appraisal regulations, anti-tying, and CFPB regulations, and offer practical suggestions for dealing with these issues in fast-paced transactions.

12:30 - 2:30 Center for Banking and Finance Board of Advisors Luncheon Meeting (for members of the Center’s Board of Advisors or their designees)

Page 6: 2015 Banking Institute - UNC School of La€¦ · 2015 Banking Institute ... Please join us in celebrating Tony Gaeta. Anthony Gaeta, ... joining Wyrick Robbins, Tony was the founder

1

2015 Banking Institute Speaker Biographies

B.T. Atkinson Nelson Mullins Riley & Scarborough LLP

B.T. Atkinson is a partner in the Charlotte office of Nelson Mullins Riley & Scarborough LLP, where he focuses in corporate, securities, and regulatory matters for financial institutions and other public and private companies. He concentrates in merger and acquisition transactions involving financial institutions, and represents both underwriters and issuers in public and private offerings of debt and equity securities. Mr. Atkinson also regularly advises a variety of public and private companies, financial institutions, broker-dealer firms, and private equity funds and investment advisers on regulatory compliance matters under federal and state law and corporate governance issues. Prior to joining Nelson Mullins, Mr. Atkinson served as an audit staff accountant in the Charlotte office of Price Waterhouse and was a former partner at a Charlotte law firm. Mr. Atkinson received his JD from the UNC School of Law and his BS in accounting from the University of North Carolina at Charlotte.

Anthony R. Augliera Wells Fargo & Company

Anthony Augliera is a Senior Vice President and the Corporate Secretary of Wells Fargo & Company, where he heads the Office of the Corporate Secretary which provides legal oversight of Wells Fargo’s corporate governance obligations. Mr. Augliera has been with Wells Fargo and predecessor companies, including Wachovia and First Union, since 1995 during which time he has worked on governance, securities law, and mergers and acquisitions matters. He has served as Corporate Secretary of Wells Fargo since December 2012. Prior to joining Wells Fargo, Mr. Augliera was a corporate attorney at Dewey Ballantine, LLP, and prior to that was a Lending Officer with Manufacturers Hanover Corporation. Mr. Augliera received his JD from Fordham University School of Law and his BBA from Iona College.

David T. Bloom SunTrust Banks, Inc.

David Bloom is a Senior Managing Attorney at SunTrust Banks, Inc., where he is responsible for providing legal support for SunTrust’s capital markets, broker-dealer, investment advisory and trust businesses, as well as bank regulatory matters and corporate mergers and acquisition transactions. He also serves as the Corporate Secretary of SunTrust Robinson Humphrey, Inc., an SEC registered institutional broker-dealer.

Prior to joining SunTrust, Mr. Bloom was Head of Legal for HSBC’s Corporate, Investment Banking and Markets Division in London and New York. Prior to that, he served as Global Treasury counsel with American Express Bank Ltd. in New York, and as a Corporate and Finance Associate with the law firm Kaye, Scholer, Fierman, Hays & Handler, LLP in New York.

Mr. Bloom received his JD from American University’s Washington College of Law, his master’s degree in International Finance and Banking from Columbia University, and his BA in International Affairs from the University of Colorado.

Page 7: 2015 Banking Institute - UNC School of La€¦ · 2015 Banking Institute ... Please join us in celebrating Tony Gaeta. Anthony Gaeta, ... joining Wyrick Robbins, Tony was the founder

2

Lissa L. Broome UNC School of Law

Lissa Broome is the Wells Fargo Professor of Banking Law at the University of North Carolina School of Law, and Director of the school's Center for Banking and Finance. She serves as faculty advisor to the North Carolina Banking Institute journal. She teaches banking law and secured transactions. Professor Broome also serves as the University's Faculty Athletics Representative to the ACC and the NCAA. Professor Broome is the co-author of one of the leading banking law texts, Regulation of Bank Financial Service Activities, now in its fourth edition. Professor Broome has a JD from Harvard Law School and a BS from the University of Illinois.

Scott A. Cammarn Cadwalader, Wickersham & Taft LLP

Scott Cammarn is a partner at Cadwalader in the Charlotte office. He has more than twenty years of experience in the banking industry and his legal career has spanned all areas of banking compliance and finance law. His practice focuses on regulatory matters, mergers and acquisitions, legislation and lobbying, transactions, and training. He represents a number of national and international financial institutions, and has practiced before the Federal Reserve, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Commodity Futures Trading Commission, and numerous state banking departments. Prior to joining Cadwalader, Mr. Cammarn was the Bank Regulatory Counsel for Ally Financial (f/k/a GMAC Financial Services) where he advised on bank regulatory issues including transactional, examination, compliance, and legislative matters. Before joining Ally Financial, Mr. Cammarn was the Senior Vice President and General Counsel of LendingTree and served as the Corporate Secretary. Prior to that, he served in various legal capacities over his eleven years at Bank of America. Mr. Cammarn earned a JD from Duke University School of Law and a BS from The Ohio State University.

A. Patrick Doyle Arnold & Porter LLP

Pat Doyle practices in the Financial Services practice group at Arnold & Porter in Washington, DC. He has a broad background in financial institution regulation and headed the firm's financial services practice group from 1993 to 2013. Mr. Doyle regularly counsels bank holding companies, foreign banks, savings institutions, insurance companies, securities firms, hedge funds, and private equity entities on a wide variety of regulatory matters, including strategic planning, complex regulatory issues, enforcement proceedings (particularly those involving allegations of violations of the "control" regulations), and legislation. In addition, he has represented firm clients in numerous mergers and acquisitions. He is currently advising some of the nation's largest financial services companies on the applications of the Dodd-Frank Act, particularly Titles I, II, and VI. He regularly appears before the Federal Reserve Board, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, and numerous state banking regulators. Prior to joining Arnold & Porter, Mr. Doyle served in a variety of legal positions at the U.S. Department of the Treasury, Office of the Comptroller of the Currency, including Counsel to the Multinational Banking Group, and as the Acting General Counsel of the Federal Home Loan Bank Board. Mr. Doyle earned a JD from Syracuse University College of Law and a BA from State University of New York at Oswego.

Page 8: 2015 Banking Institute - UNC School of La€¦ · 2015 Banking Institute ... Please join us in celebrating Tony Gaeta. Anthony Gaeta, ... joining Wyrick Robbins, Tony was the founder

3

Todd H. Eveson Wyrick Robbins Yates & Ponton LLP

Todd Eveson is a partner with Wyrick Robbins Yates & Ponton LLP. His practice is focused on the representation of financial institutions and their holding companies, securities law, mergers & acquisitions, and corporate law. He has extensive experience in matters pertaining to bank regulation; regulatory applications; enforcement actions; corporate governance, securities law compliance and reporting; and executive compensation. He regularly represents issuers and underwriters in connection with public and private offerings of securities. Mr. Eveson practiced with Gaeta & Eveson, P.A. for over twelve years, until its strategic combination with Wyrick Robbins Yates & Ponton LLP on March 1, 2013. Mr. Eveson earned a JD at the University of North Carolina, Chapel Hill and holds an AB and a Certificate in Markets & Management Studies from Duke University. He served as Editor-in-Chief of Volume 4 of the North Carolina Banking Institute journal.

Ron Feldman Federal Reserve Bank of Minneapolis

Ron Feldman is executive vice president and senior policy adviser at the Federal Reserve Bank of Minneapolis. He is the senior officer for Supervision, Regulation and Credit, where he oversees the consumer and safety and soundness supervision of roughly 100 state member banks and about 500 bank holding companies. He is also responsible for the Bank’s lending to Ninth District depository institutions and managing the resulting credit risk. Mr. Feldman helps oversee several significant Federal Reserve supervisory initiatives, including assessing the largest bank holding companies’ compliance with capital standards, validating the Federal Reserve stress testing models and implementing the System’s resolution planning program. He is also a primary adviser on monetary policy to the Bank president. He helps oversee the Federal Reserve’s monitoring of financial system stability and identification of risks to stability. He has published research on a wide array of banking and financial topics. He is the co-author of Too Big to Fail: The Hazards of Bank Bailouts, published by the Brookings Institution in 2004. Mr. Feldman received his MPA from Syracuse University and his BA from the University of Wisconsin.

Eric R. Fischer Boston University Center for Finance, Law & Policy

Eric Fischer is a Senior Fellow at the Boston University Center for Finance, Law & Policy. Mr. Fischer focuses his research on bank corporate governance, board composition and board education issues. Mr. Fischer designed and taught a course entitled Corporate Governance of Financial Institutions at Boston University School of Law’s Graduate Program in Banking and Financial Law. Mr. Fischer has more than four decades of experience representing banks, bank holding companies and their boards of directors in connection with federal and state bank regulatory and corporate governance matters. From 2000 through 2014, Mr. Fischer was a member of the banking practice at Goodwin Procter LLP. From 1986 to 2000, he served as Executive Vice President, General Counsel and Corporate Secretary of UST Corp., a Boston-based bank holding company and its two bank subsidiaries, United States Trust Company and USTrust. Mr. Fischer was also previously an associate at the law firm of Fried, Frank, Harris, Shriver & Jacobson in New York and served as assistant general counsel and assistant secretary of the board of directors at Bank of Boston Corporation. Mr. Fischer received his LLM from Boston University School of Law, his MBA from Stanford University Graduate School of Business, his JD from Stanford University Law School, and his AB from the University of Pennsylvania.

Page 9: 2015 Banking Institute - UNC School of La€¦ · 2015 Banking Institute ... Please join us in celebrating Tony Gaeta. Anthony Gaeta, ... joining Wyrick Robbins, Tony was the founder

4

Anthony Gaeta, Jr. Wyrick Robbins Yates & Ponton LLP

Tony Gaeta, Jr. practices with Wyrick Robbins Yates & Ponton in Raleigh, NC with a focus on financial institutions. His practice includes public and private offerings of securities for both financial institutions and business corporations; regulatory matters affecting banks, thrifts, and their holding companies; the formation of banks, thrifts, and trust companies and their reorganization into the holding company form of organization; mergers and acquisitions of financial institutions and other corporate entities; and counseling boards of directors as to their duties. Prior to joining the firm, Mr. Gaeta was the founder of Gaeta & Eveson, P.A. He has also practiced in the New York office of Simpson Thacher & Bartlett, the New Bern and Raleigh offices of Ward & Smith, and the Raleigh office of Moore & Van Allen. Mr. Gaeta also served as Vice President, General Counsel to United Carolina Bancshares Corporation (now BB&T Corporation). Mr. Gaeta was an Adjunct Professor of Law at the UNC School of Law, teaching a course in mergers and acquisitions. During June 2013, he taught mergers and acquisitions at Augsburg University, Federal Republic of Germany, as a visiting law professor.

Mr. Gaeta received his JD from the College of William and Mary and his BA from Wesleyan University.

Melissa R. H. Hall Morgan, Lewis & Bockius LLP

Melissa Hall is Of Counsel in the Investment Management and Securities Practice Group at Morgan Lewis in Washington, DC. Melissa advises financial institutions and non-financial companies on a wide range of state and federal financial regulatory laws and regulations, including governance, management, business and operational matters; regulatory compliance and enforcement (consumer and non-consumer); payment systems, including licensing and other regulatory requirements; financial institution investment and acquisition; and bank securities and fiduciary activities. She represents clients before federal and state financial regulators, including the Federal Reserve Board, the Department of Treasury, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the Consumer Financial Protection Bureau. Prior to joining Morgan Lewis, Melissa was a member of the financial regulatory practice of another international law firm and was an attorney in the Office of the Chief Counsel of the Department of the Treasury’s Bureau of the Public Debt.

Melissa earned her JD from the University of Texas School of Law, her MA from the University of Texas, and her BA from Haverford College.

John D. (Jerry) Hawke, Jr. Arnold & Porter LLP

Jerry Hawke, Jr. is Senior Counsel at Arnold & Porter. He began his career as a law clerk to Judge E. Barrett Prettyman on the U.S. Court of Appeals for the District of Columbia, followed by work as counsel to the Select Committee on Education in the House of Representatives. Mr. Hawke then joined Arnold & Porter and has worked there since that time, except when his practice was interrupted by government service. He has served as Comptroller of the Currency (1998-2004), Under Secretary of the Treasury for Domestic Finance (1996-1998), and General Counsel to the Board of Governors of the Federal Reserve System (1975-1978). Mr. Hawke has published extensively on matters relating to the regulation of financial institutions. He has taught federal regulation of banking at the Georgetown University Law Center and at the Morin Center for Banking Law Studies at Boston University School of Law.

Mr. Hawke received his JD from Columbia University School of Law and his BA from Yale University.

Page 10: 2015 Banking Institute - UNC School of La€¦ · 2015 Banking Institute ... Please join us in celebrating Tony Gaeta. Anthony Gaeta, ... joining Wyrick Robbins, Tony was the founder

5

Anna M. Harrington Board of Governors of the Federal Reserve System

Anna M. Harrington is Counsel in the Legal Division of the Board of Governors of the Federal Reserve. Ms. Harrington joined the Board’s Legal Division in 2008. She focuses on the implementation of certain provisions of the Dodd-Frank Act, including the Volcker Rule, the margin rule for uncleared swaps, Regulation W, and credit exposure limits for systemically important financial institutions. In addition, she has worked extensively on control issues related to applications and interpretations under the Bank Holding Company Act and Change in Bank Control Act and related regulations, including private equity investments in bank holding companies. Ms. Harrington earned her JD from Boston College Law School and an AB from Harvard College.

Charles M. Horn Morgan, Lewis & Bockius LLP

Charles Horn is a partner in Morgan Lewis’s Investment Management and Securities Industry Practice. Mr. Horn focuses his practice on regulatory and transactional matters, primarily in the areas of banking and financial services. He provides counsel on regulatory and transactional issues affecting the governance, structure, management, and operations of his clients’ organizations. He also counsels banks and other financial services firms on issues relating to federal and state financial regulation and matters affecting their corporate, institutional, and retail business activities, as well as their asset management, fiduciary and asset administration products and services. Prior to joining Morgan Lewis, Mr. Horn was a partner in the financial services practice of another international law firm. Before entering private practice, Mr. Horn served as Senior Attorney (1983), Assistant Director (1983–1986), and Director (1986–1989) of the Securities and Corporate Practices Division of the U.S. Department of the Treasury, Office of the Comptroller of the Currency. Earlier in his career, he held other positions with the U.S. Securities and Exchange Commission, including Washington, DC, Branch Chief; Senior Counsel and Attorney in the Division of Enforcement; and attorney in the Division of Market Regulation. Mr. Horn earned his JD from Cornell Law School and his BA in Psychology/Social Relations from Harvard University.

Seth M. Huffstetler Robinson Bradshaw & Hinson

Mr. Huffstetler is a corporate and tax attorney at Robinson Bradshaw & Hinson in Charlotte, NC. His transactional practice includes mergers and acquisitions, joint ventures and other commercial transactions. His multi-disciplinary practice is particularly suited for transactions like tax-free reorganizations where he can serve both roles (corporate and tax) simultaneously. Mr. Huffstetler received his LLM from New York University, his JD from Duke University School of Law, and his BA from Duke University.

Andrew M. Hutcher Credit Suisse

Andy Hutcher is a Managing Director and Counsel of Credit Suisse in the General Counsel division, based in New York. He is Chief Operating Officer of the Advisory and Control Group in the Americas and manages several groups that provide legal and advisory services, consisting of the documentation of master and related agreements for derivatives; Americas country coverage in Brazil, the rest of Latin America and the Caribbean, and Canada; and certain regulatory matters. Mr. Hutcher serves on the Americas General Counsel Management and Operating Committees. Prior to joining Credit Suisse, Mr. Hutcher was at Shearman and Sterling. Mr. Hutcher received his JD from Vanderbilt University School of Law and his BS from the University of Virginia.

Page 11: 2015 Banking Institute - UNC School of La€¦ · 2015 Banking Institute ... Please join us in celebrating Tony Gaeta. Anthony Gaeta, ... joining Wyrick Robbins, Tony was the founder

6

Donald C. Lampe Morrison & Foerster LLP

Don Lampe is a partner in the Financial Services Group of Morrison & Foerster. Mr. Lampe represents banks, mortgage companies, automotive finance companies, insurance underwriters and agents, and other financial service providers in a variety of financial services and bank regulatory matters. He also counsels creditors, loan servicers, service providers (vendors), and secondary market participants on consumer financial services laws and regulations, including the Dodd-Frank Act. He represents a range of financial services clients in government investigations and enforcement proceedings before state and federal agencies, such as the CFPB, HUD, FTC, FDIC, and NYFS, involving issues of lending, servicing, licensing, governance, and compliance. He devotes a significant part of his practice to representing major national business process outsourcing firms and technology vendors to the financial services industry. Mr. Lampe is currently a fellow of the American College of Consumer Financial Services Lawyers. He also serves on the Governing Committee of The Conference on Consumer Finance Law and the Board of Advisors of the University of North Carolina School of Law Center for Banking and Finance. Mr. Lampe previously served as the chair of the American Bar Association's Consumer Financial Services Committee. Mr. Lampe received his JD degree from Duke University School of Law and his SB degree from Massachusetts Institute of Technology.

Glenn E. Morrical Tucker Ellis, LLP

Glenn Morrical is a Partner at Tucker Ellis in Cleveland. advises banks and their holding companies on transactional and regulatory matters, such as raising capital, buying and selling loans and branches, and complying with supervisory requirements. In 2009, as “loaned counsel,” he served in-house at a troubled $13-billion savings and loan and its holding company to assist in asset sales, attempts at raising capital, and dealing with increasingly challenging supervisory demands. In the ensuing years he has represented that holding company in its bankruptcy, including extensive litigation with the FDIC. Mr. Morrical assists in capital raising transactions, both public and private, sometimes as issuer’s counsel to a holding company and sometimes as placement agent counsel or underwriter’s counsel to the securities broker-dealer. He has also represented banks and broker-dealers in connection with networking arrangements to offer securities services on bank premises. Mr. Morrical holds a JD from Harvard Law School, an MBA from Cleveland State University, and a B.A. from The Ohio State University.

Anthony M. O’Connor Credit Suisse

Tony O’Connor is a Director and Counsel at Credit Suisse, based in Research Triangle Park, North Carolina. He manages the General Counsel Division’s first-of-a-kind Legal Associate Program and 1L Summer Associate Program in RTP. He is also the Americas Practice Group Leader for data management, privacy, intellectual property, and sourcing. Prior to joining Credit Suisse, O’Connor was a senior counsel at IBM, an associate at Davis Polk & Wardwell, and a law clerk for a federal district court judge. Mr. O’Connor received his JD from New York University and his AB from Princeton University.

Page 12: 2015 Banking Institute - UNC School of La€¦ · 2015 Banking Institute ... Please join us in celebrating Tony Gaeta. Anthony Gaeta, ... joining Wyrick Robbins, Tony was the founder

7

M. Patricia (Pat) Oliver Tucker Ellis, LLP

Pat Oliver is a Partner and Chair of the Financial Services Industry Practice at Tucker Ellis, LLP. Her practice focuses on securities, M&A, regulatory and corporate governance matters for banks and thrifts and their holding companies. Previously, she served as EVP, General Counsel, Chief Corporate Governance Officer and Corporate Secretary of BB&T Corporation and Branch Banking & Trust Company. Prior to her tenure at BB&T, Mrs. Oliver was the Global Chair of the Squire Sanders & Dempsey (now Squire Patton Boggs) Financial Services Practice. Mrs. Oliver earned a JD from Case Western Reserve School of Law and a BA from Allegheny College.

Pamela Bickford Sak Bank of America

Pamela Sak is an Associate General Counsel in the Bank Regulatory Group of the Legal Department at Bank of America. She provides enterprise-wide legal support on bank regulatory matters and, over the last four years, has been primarily assisting the Global Recovery & Resolution Planning team on development of the Bank’s resolution plan and related projects. Before joining Bank of America in 2007, Ms. Sak was a Vice President in Compliance at Deutsche Bank in New York. From 1998 to 2005, she was an Associate at Jones Day in Washington, DC, where she assisted foreign banks and U.S. based financial holding companies with bank regulatory matters and advised on a wide-range of issues including privacy, anti-money laundering and terrorism financing, negotiable instruments, and corporate governance. Ms. Sak began her legal career as a Consultant in the Legal Department of the International Monetary Fund. Ms. Sak received her JD from George Washington University Law School and her BA in History from Principia College in Elsah, Illinois.

Mary H. (Molly) Scherf Office of the Comptroller of the Currency

Molly Scherf is a Deputy Comptroller in the Office of the Comptroller of the Currency’s Large Bank Supervision program. In this role, Ms. Scherf oversees the Large Bank lead expert, shared national credit, data analytics, and systems teams. She also works with other OCC divisions and regulatory peers to develop supervisory guidance and regulation. Ms. Scherf became Deputy Comptroller in January 2014. Ms. Scherf joined the OCC in 1990 and has twenty-four years of bank supervision experience. She previously served as the OCC’s Large Bank Lead Expert for Governance and Enterprise Risk Management. In this role, she led the OCC working group that developed the OCC Heightened Standards for Governance and Risk Management. As an examiner, she reviewed all aspects of bank risk management and specialized in information technology and retail credit. Ms. Scherf is a commissioned National Bank Examiner and holds a BA in economics from the University of Illinois.

Page 13: 2015 Banking Institute - UNC School of La€¦ · 2015 Banking Institute ... Please join us in celebrating Tony Gaeta. Anthony Gaeta, ... joining Wyrick Robbins, Tony was the founder

8

Michael J. Shumaker Bryan Cave, LLP

Michael Shumaker is an Associate at Bryan Cave in Atlanta. He focuses his practice on financial institutions, including regulatory compliance, mergers and acquisitions, and securities law issues. He has extensive experience advising his financial institution and private equity clients in a variety of matters, including complex merger transactions, control investments and changes in control of banks and bank holding companies, capital-raising transactions, and regulatory compliance. Mr. Shumaker has also advised the boards of directors of financial institutions and their special committees on a variety of matters, including with respect to regulatory and internal investigations. His national practice is focused in the Carolinas and in Georgia. Prior to joining Bryan Cave, Mr. Shumaker served as Senior Legislative Assistant to U.S. Congressman Kenny C. Hulshof, a member of the U.S. House Committee on Ways and Means. In this capacity, he advised the Congressman on a variety of subjects, including trade, agriculture, transportation and defense. Mr. Shumaker holds a JD from the University of North Carolina and a dual AB from the University of Georgia.

Joseph A. Smith, Jr. Monitoring Ltd.

Joe Smith serves as Monitor of a settlement among five major financial institutions, the United States, and 49 states relating to the mortgage servicing practices of the institutions. In early 2012, the settlement participants appointed him to oversee the agreement. His appointment is for a three-and-a-half year term. Mr. Smith is also Of Counsel at Poyner & Spruill, and concentrates his practice in the banking and financial services area. Mr. Smith previously served as North Carolina Commissioner of Banks, where he led an agency charged with the supervision of banks and thrift institutions, the licensing and regulation of numerous firms and individuals engaged in mortgage banking and brokerage, and the regulation of a variety of consumer finance enterprises. During his tenure as Commissioner of Banks, he also served as Chairman of the Conference of State Bank Supervisors and was a founding member of the Board of Managers of State Regulatory Registry, LLC, a limited liability company established to implement a nationwide mortgage licensing system.

Before being appointed Commissioner of Banks in 2002, Mr. Smith practiced corporate, securities and banking law in New York, Connecticut and North Carolina for twenty-seven years, including nine years as general counsel and secretary of a North Carolina bank holding company and its bank subsidiary and four years as a partner with Poyner & Spruill. Mr. Smith received his JD from the University of Virginia School of Law and his BA from Davidson College.

Thomas P. Vartanian Dechert LLP

Tom Vartanian is a Partner at Dechert LLP in Washington, DC. He is a corporate counselor, regulatory advisor, litigator, author, and deal maker who has represented a wide variety of financial services clients before federal financial agencies and the Financial Stability Oversight Council on matters ranging from mergers and acquisitions, non-control investments, FDIC receiverships and acquisitions, corporate restructurings, enforcement actions, fair lending, administrative rulemaking challenges, GSE regulations and consolidations, and D&O liability. Mr. Vartanian served in the Reagan Administration as General Counsel of the Federal Home Loan Bank Board and the FSLIC, and prior to that, he served in the Office of the Comptroller of the Currency as Special Assistant to the Chief Counsel and Senior Trial Attorney. Mr. Vartanian received his JD from Brooklyn Law School and his BA from Cathedral College.

Page 14: 2015 Banking Institute - UNC School of La€¦ · 2015 Banking Institute ... Please join us in celebrating Tony Gaeta. Anthony Gaeta, ... joining Wyrick Robbins, Tony was the founder

9

Peter G. Weinstock Hunton & Williams

Peter Weinstock is a Partner at Hunton & Williams in Dallas. His practice focuses on corporate and regulatory representation of small to large regional and national financial institution franchises. During the past several years, he has devoted substantial time to regulatory, law enforcement, and internal investigations of financial institutions. He is Co-Practice Group Leader of the Financial Institutions Section. He has counseled institutions on numerous mergers and acquisitions transactions, as well as provided representation on securities offerings and capital planning. Mr. Weinstock received his JD from Duke University School of Law and his BA from State University of New York.

Phillip A. Wertz Bank of America

Phillip Wertz is an Associate General Counsel in the Bank Regulatory Group of the Legal Department of Bank of America Corporation. He provides enterprise-wide legal advice and subject matter expertise on U.S. bank regulatory matters. He and his team coordinate bank regulatory applications, facilitate relationships with bank regulatory supervisors, provide regulatory advice to lines of business and other support partners on requirements of applicable bank regulatory laws and regulations and assist in influencing and commenting on legislative and regulatory proposals, both directly and through trade associations. Mr. Wertz has played key roles in the acquisition and integration of FleetBoston, MBNA, U.S. Trust, LaSalle, Countrywide, and Merrill Lynch. More recently, he has been assisting in advising on the requirements, impacts and strategies to manage changes resulting from the Dodd-Frank Act and other enhanced regulation of the financial services industry. Prior to joining Bank of America, Mr. Wertz was an associate with the law firm Cadwalader, Wickersham & Taft in Charlotte where he worked on commercial and capital markets financing transactions. Mr. Wertz receive his joint JD/LLM degree in law and a master’s degree in international and comparative legal studies from Duke University School of Law, and his BA in English and Political Science from the University of North Carolina at Chapel Hill.

Barry Zigas Director of Housing Policy, Consumer Federation of America

Barry Zigas is the Director of Housing for the Consumer Federation of America, a position he has held since 2008. He is responsible for CFA’s policies on housing and mortgage finance including secondary market systems, foreclosure and loan modification policies, and community reinvestment issues. He also consults with housing and community development nonprofits and foundations on strategy, innovation and leadership through his firm Zigas and Associates LLC. Mr. Zigas was Senior Vice President at Fannie Mae from 1995-2006, where he led the company’s single family community lending initiatives, as well as corporate and regulatory reporting on the company’s housing goals, investments in CDFIs, and support for homeownership counseling and education. He joined Fannie Mae in 1993 as Vice President for Housing Impact. Mr. Zigas received his BA from Grinnell College and is a graduate of the Wharton School’s Advanced Management Program at the University of Pennsylvania.