PUBLICATIONS
Books
Co-author, Chapter – Regulation of Investment Advisers Subject to US Federal Banking Laws, US Regulation for Asset Managers Outside the United States (2nd Edition, Thomson Reuters 2017)
Co-editor, co-author, The Volcker Rule: Commentary and Analysis (Thomson Reuters 2014)
Editor, co-author, Dechert LLP’s Analysis of Financial Regulatory Reform [The Dodd-Frank Act] for the American Bankers Association (2010)
Editor, co-author, 21st Century Money, Banking & Commerce (Fried, Frank, Harris, Shriver & Jacobson LLP 1998)
Co-author, The Management of Risks Created by Internet-Initiated Value Transfers (National Automated Clearing House Association 1995)
Co-author, The Fair Lending Guide (Glasser Legal Works 1995)
Co-author, Contracting with the RTC and FDIC (Prentice Hall Law and Business 1991)
Law Firm Guide Publications (co-authored)
The Bank Investor’s Survival Guide: A Guide for Private Equity, Hedge Fund, Mutual Fund and Activist Investors to Navigate U.S. Federal Bank Investment Rules (Dechert LLP 2016)
Bank D&O Defense Manual (Dechert LLP 2012)
The Bank Holding Company Guide: New Rules of the Road for Banks and their Investors (Fried, Frank, Harris, Shriver & Jacobson LLP 2009)
Equity Investments and Controlling Acquisitions Involving U.S. Financial Institutions (Fried, Frank, Harris, Shriver & Jacobson LLP 2007)
Banker’s Pocket Guide to Information Security (Fried, Frank, Harris, Shriver & Jacobson LLP 2005)
Selected Published Articles (co-authored)
Buy-Side Beware: New Limits on Insolvency-Related Remedies in Certain QFCs, The Review of Banking & Financial Services, April 2018
Bank Enforcement 2016: Enforcement Action Return To Pre-Financial Crisis Levels With a Focus on Major Actions, BNA’s Banking Report, August 31, 2017
Bank Enforcement 2015: Activity Remains Stable as CFPB and DOJ Continue to Play a Big Role, BNA’s Banking Report, July 25, 2016
Asset Management Regulation Remains in Flux, Law 360, October 15, 2015
Enforcement Actions Decline but Fines Hit Historic Highs in 2014, BNA’s Banking Report, June 15, 2015
Volcker Rule Update, The Metropolitan Corporate Counsel, September 15, 2014
Enforcement Actions Continue Three-Year Decline, DOJ Emerges as Major Player, BNA’s Banking Report, May 20, 2014
Disparate Discrimination Remains in the Spotlight, Law 360, September 24, 2013
Residential Mortgage Securitization Update: GSE Reform Bill, Real Estate Finance Journal, Fall 2013
U.S. Consumer Financial Protection Bureau Acts to Expand Its Authority Over Nonbank Consumer Financial Services Companies, Financial Fraud Law Report, September 2013
2012 Bank Enforcement Actions Still High, But Significantly Lower Than 2010-11, BNA’s Banking Report, April 3, 2013
More Enforcement Actions Are Coming, American Banker, March 13, 2013
Home Lenders’ Fair-Lending Dilemma, American Banker, March 4, 2013
FSOC Issues Proposed Recommendations on Money Market Fund Reforms After SEC Fails to Act, The Investment Lawyer, December 2012
U.S. Consumer Financial Protection Bureau Proposes Mortgage Servicing Reforms, The Real Estate Finance Journal, Winter 2013
Oversight Council Pursued US Financial Stability in 2012, New York Law Journal, December 7, 2012
Local Governments Consider Using Eminent Domain to Seize Underwater Mortgages, American Bar Association State & Local Law News, Fall 2012
Form PF: SEC Adopts Private Fund Systemic Risk Reporting, Wall Street Lawyer, January 2012
Comparative Analysis: SIFIs – Too Big to Fail, International Financial Regulation (BNA International), November 2011
Covered Bond Reform, Real Estate Finance & Investment, March 3, 2011
Uncertainty Can Carry a High Price, Investment Dealers’ Digest, January 2011
Minimizing the Dodd-Frank Burden, American Banker, January 2011
Putting Your Affairs in Order, Investment Dealers’ Digest, December 2010
Ramping Up Rules for Covered Financial Companies, Law 360, November 2010
Update the Rules for Private-Equity Stakes, American Banker, August 29, 2008
Some New Dynamics for Troubled Institutions, American Banker, July 18, 2008
So Your Company Has Suffered a Data Security Breach – What Next? Consumer Finance Law Quarterly Report, Summer 2006
Stakes and Complexity Likely in Security Breach Liability Cases, BNA Banking Report, November 28, 2005
FDIC’s Fresh Thinking on Stored Value, American Banker, October 21, 2005
Information Security: Principles and Best Practices, ABA Banking Law Committee eNewsletter, July 2005
Bank Regulators Require Notice of Unauthorized Access to Consumer Data, Electronic Commerce & Law Report, June 8, 2005
Legal and Business Implications of the Future of Electronic Payments, Electronic Banking and Commerce Report, April 2004
The Next Phase in Privacy Law? The Duty to Disclose Unauthorized Access to Personal Information, Electronic Banking Law and Commerce Report, April 2003
US Court Releases Yahoo! from Compliance with French Court Order, Global eCommerce Law and Business Report, December 2001
Export Control Regulations Revised, Cyberspace Lawyer, February 2000
The Year 2000 Litigation Landscape for Financial Services Companies, Electronic Banking Law and Commerce Report, November 1999
Court Watch: Results of Y2K Litigation are Beginning to Emerge, Electronic Banking Law and Commerce Report, February 1999
OCC Approves Operating Subsidiary to Act as First Bank Certification Authority, SNL Compliance Fax, January 20, 1998
A Survey of Selected Federal Regulatory and Legal Developments in Electronic Financial Services, Business Lawyer, November 1997
Preparing the Record for Year 2000 Litigation: Understanding the Dynamics of the Problem and Regulatory Concerns, Electronic Banking Law and Commerce Report, November/December 1997
Supreme Court Invalidates Government Regulation of ‘Indecent’ Internet Content, Electronic Banking Law and Commerce Report, July/August 1997
Georgia Internet Law Raises Jurisdictional Questions for Electronic Commerce, Electronic Banking Law and Commerce Report, February 1997
OCC Authorizes National Bank Investment in Mondex, SNL Compliance Fax, December 30, 1996
Corporate Compliance Programs: Effective Programs May Protect Corporate Directors from Personal Liability, SNL Compliance Fax, November 25, 1996
Integrion Financial Network: A New Stage for Electronic Banking, Electronic Banking Law and Commerce Law Report, October 1996
The Rebirth of Financial Pioneering, Illinois Reporter, September/October 1996
The Future is Foreseen in the BIF/SAIF Bill, SNL Compliance Fax, October 28, 1996
Echoes of the Past with Implications for the Future: The Stamp Payments Act of 1862 and Electronic Commerce, BNA’s Banking Report, September 23, 1996
Circuit Courts Issue Opinions Regarding Disparate Impact Claims Under the Fair Housing Act, SNL Compliance Fax, July 29, 1996
Goodwill Decision by Supreme Court May Lead to Economic Crossroads, SNL Compliance Fax, July 22, 1996
FRB Stored Value Card Proposal Begins to Trigger Reaction, SNL Compliance Fax, July 1, 1996
Banking Agencies Lay Groundwork for Technology Subsidiaries, SNL Compliance Fax, June 17, 1996
Bills Introduced on Encryption Technology, Electronic Banking Law and Commerce Report, May 1996.
Congress Introduces Legislation to Study Merger of the Banking and Thrift Industries, SNL Compliance Fax, May 28, 1996
Justice Department Enters Into $4 Million Settlement Involving Alleged Loan Pricing Discrimination, SNL Compliance Fax, May 13, 1996
Federal Reserve Board Issues Proposal on Stored Value Cards, SNL Compliance Fax, March 25, 1996
Line of Business Joint Venture Opportunities, SNL Compliance Fax, March 18, 1996
The Business of Banking in the Age of the Internet: Fortress or Prison? Banking Policy Report, March 4-18, 1996
OCC Broadens and Refines Operating Subsidiary Rules, SNL Compliance Fax, March 4, 1996
OCC Proposes to Revise Investment Rules, SNL Compliance Fax, February 26, 1996
OCC Seeks to Modernize Fiduciary Rules, SNL Compliance Fax, February 12, 1996
GAO Issues Report on the Community Reinvestment Act, SNL Compliance Fax, January 2, 1996
Regulators Take Balanced Approach to Evolving Policy on Derivatives, Banking Policy Report, November 20, 1995
Disparate Impact Discrimination: Fair Lending at a Crossroads, Consumer Finance Law Quarterly Report, Winter 1995
Revising Regulation B: Codifying the Obvious or Making New Law? Banking Policy Report, February 6-20, 1995
Chevy Chase Case Sets New Standards for Fair Lending Law Compliance, Banking Policy Report, September 19, 1994
Supreme Court Rebukes FDIC On Broadening Lawyer Liability, Banking Policy Report, July 4, 1994
Narrowing the RTC’s Wide Subpoena Net, Legal Times, April 4, 1994
Proposed CRA Rules Go Beyond Clear Boundaries of Law, Banking Policy Report March 21, 1994
The Borrowers’ Art of Self Defense, Urban Land, January 1994
The Hidden Perils of “Prompt Corrective Action”, ABA Banking Journal, September 1993
RTC Counts Cash First, Investigates Liability Later, Banking Policy Report, June 19, 1993
Hard Choices IV: The New Era for Directors and Officers – Bank Regulators Implement the Federal Deposit Insurance Corporation Improvement Act of 1991, Consumer Finance Law Quarterly Report, Summer 1993
Hard Choices II and III: The Impact of the Federal Deposit Insurance Corporation Improvement Act of 1991 on the Board Room, Consumer Finance Law Quarterly Report, Fall 1992
FDICIA Has Important Implications for Bank and Thrift Board Rooms, Banking Policy Report, March 16, 1992
Accelerated Resolution Program: Benefits and Pitfalls, American Banker, March 5, 1992
Hard Choices: Post-FDIC Improvement Act Challenges for Bank and Thrift Boardrooms, Bank Governance Law Reporter, February 1992
“Early Resolution” Heralds a New Ball Game, American Banker, January 10, 1992
RTC: The Grim Repudiator, Journal of RTC Real Estate, September/October 1991
Bank Disclosure Responsibilities in an Economic Downturn, Hooiser Banker, May 1991
Doing Business with the Resolution Trust Corporation, Bottomline, May/June 1991
Bank Management and Disposition of RTC-Controlled Assets, The Review of Banking and Financial Services, March 13, 1991
Hard Choices: Issues Affecting Directors and Officers of Bank and Thrifts in a Hostile Environment, M&A and Corporate Governance Law Reporter, March 1991
RTC Asset Management Opportunities for Banks and Thrift Institutions, Banking Expansion Reporter, September 3, 1990
Bank Holding Company Acquisitions of Thrifts After FIRREA, The Review of Banking and Financial Services, September 27, 1989
FHLBB’s Investment v. Trading Rules Present New Problems for Portfolio Management, BNA, August 7, 1989
Thrift Takeovers and Acquisitions of Control, Financial Services Regulation, December 10, 1986
The FHLBB Moves to Limit Loans to One Borrower, Banking Law Report, November 1986
Thrift Institutions Adopting Shark Repellents, Legal Times, October 1, 1984
Acquisitions of Commercial Banks by Savings Institutions, Banking Law Report, June 1984
Selected Law Firm Email Alerts (co-authored)
Dechert LLP OnPoints
Trump Administration Unveils its Position on Financial Regulation Reform, January 8, 2018
Treasury’s Third Report on Financial System Regulation Focuses on the Asset Management and Insurance, December 4, 2017
The Congressional Review Act: Striking a New Balance between Congressional Control and Regulatory Initiative – The Fate of the Leveraged Lending Guidance at Issue, November 1, 2017
And Then There Was One: FSOC Rescinds AIG’s SIFI Designation, October 6, 2017
Federal Reserve Board Announces Proposed Changes to Bank Board Expectations, September 5, 2017
Update on Regulatory Initiatives Regarding the Volcker Rule, August 28, 2017
Certain Companies that May be Subject to FDIC Orderly Liquidation Authority under Dodd-Frank are Now Subject to Qualified Financial Contract Recordkeeping Requirements, March 7, 2017
Financial Stability Board Issues Activities-Based Recommendations for the Global Asset Management Industry, January 24, 2017
Tenth Circuit Court of Appeals Finds SEC’s Process for Designating Administrative Law Judges to be Defective, Causing Split with DC Circuit, January 6, 2017
US Comptroller of the Currency Will Offer Limited Purpose National Bank Charters to FinTech Companies, December 7, 2016
The New Future of U.S. Banking and Financial Services Regulation, November 29, 2016
Court of Appeals Says CFPB Is Unconstitutional; Rejects Agency Effort to Apply New Interpretation of Law Retroactively, October 14, 2016
Implications of the 2016 Election for Banks, Systemically Important Financial Institutions and Their Investors, October 11, 2016
CFPB Outlines New Proposals for Third Party Consumer Debt Collection, September 1, 2016
US Federal Reserve Board Begins the Process of Regulating Insurance Companies, July 27, 2016
FSB Issues Proposed Activities-Based Financial Stability Recommendations for the Global Asset Management Industry, July 7, 2016
Proposed U.S. Federal Reserve Board Rule’s Impact on By-Side Remedies in QFCs with Globally Systemically Important Banking Organizations and their Affiliates, June 15, 2016
MetLife Opinion Turns the Tables on FSOC: Back to the Drawing Board, April 18, 2016
SEC and FDIC Propose Dodd-Frank Broker-Dealer Resolution Rules, April 7, 2016
U.S. Federal Housing Finance Agency Acts to Prohibit Federal Home Loan Bank Membership by Captive Insurance Companies, January 15, 2016
Opportunities for Banking Entities Under the Joint Venture Provision of the Volcker Regulations, October 15, 2015
Asset Management Industry: Financial Stability Update, October 5, 2015
US Treasury Eyes Marketplace Lending, August 24, 2015
Volcker Agencies Provide Guidance Regarding Treatment of Registered Funds and Foreign Public Funds During Their Seeding Period, July 28, 2015
US FSOC and Global FSB Signal Continued Scrutiny of Financial Stability of the Asset Management Industry, June 24, 2015
US FSOC Proposed Qualified Financial Contract Rules and Creates a New Challenge for Large Financial Companies that are Not SIFIs, March 25, 2015
Financial Stability Oversight Council Adopts Supplemental Procedures Relating to SIFI Determinations, February 11, 2015
US Financial Stability Counsel Requests Comments on Financial Stability Implications of Asset Management Activities, December 19, 2014
Credit Risk Retention Final Rule: Enforcement and Compliance Considerations, December 15, 2014
FSOC Criticized by Government Accountability Office, But GAO Report Misses Critical Substantive Improvements, FRB Begins to Identify Prudential Regulations for SIFIs, November 25, 2014
Final Credit Risk Retention Rules Adopted for Asset Backed Securities and Residential Mortgage Backed Securities, October 26, 2014
U.S. Reserve Board Adopts Enhanced Prudential and Intermediate Holding Company Requirements for Foreign Banking Organizations, April 9, 2014
The Housing Finance Reform and Taxpayer Protection Act of 2014, April 1, 2014
Volcker Rule Regulations Issued: Understanding the Practical Implications for US and Foreign Banking Entities, Funds and Securitization Vehicles, January 21, 2014
FSB and IOSCO to Consider Standards for Treating Investment Funds and Asset Managers as Global Systemically Important Financial Institutions, January 17, 2014
US Agencies Issue Final Regulations Implementing the Volcker Rule: A Summary of Key Developments, December 17, 2013
CLOs Under the Volcker Rule: New Exemptions, New Issues, New Obligations, December 16, 2013
US Office of Financial Research Issues Report on Asset Management and Financial Stability, October 8, 2013
Impact of Ability-to-Repay and Qualified Mortgage Rules on Residential Mortgage Loan Purchasers, RMBS Participants and Mortgage Industry Investors, October 3, 2013
US Basel III Final Rules and Its Impact on the Securitization Framework, September 12, 2013
US Regulators Respond to Public Comments and Restructure Proposed Rule for Credit Risk Retention, September 11, 2013
Highlights of US Federal Regulators Risk Retention Re-Proposal, August 30, 2013
US Consumer Financial Protection Bureau Acts to Expand Its Authority Over Nonbank Consumer Financial Services Companies, August 14, 2013
Disparate Impact Discrimination Remains in the Spotlight: Insurance Industry Trade Groups Challenge HUD’s Disparate Impact Rule, August 12, 2013
Residential Mortgage Securitization Update: GSE Reform Bill, July 11, 2013
US Department of Housing and Urban Development Issues Final Rule Affirming Use of Disparate Impact to Establish Liability for Violations of the Fair Housing Act, February 15, 2013
US Consumer Financial Protection Bureau Seeks Comments to Proposed Amendments to the Ability-to-Repay Requirements and Qualified Mortgage Rule, February 14, 2013
US Federal Reserve Board Proposes Major Changes in How the US Operations of Foreign Banks and Their Subsidiaries Are Supervised, January 29, 2013
US Consumer Financial Protection Bureau Issues Rules on Mortgage Servicing: Creates New Rights for Borrowers, Raising Issues Regarding Legal Authority for Foreclosure Action Prohibition, January 24, 2013
US Consumer Financial Protection Bureau Issues Rules on Qualified Mortgages and Ability to Repay, January 14, 2013
US Financial Stability Oversight Council Proposes Recommendations for Money Market Fund Reform, December 7, 2012
Treasury Reports Improvements in Residential Mortgage Servicing, December 3, 2012
US Federal Housing Finance Agency and Consumer Financial Protection Bureau Announce Plans for a New National Mortgage Database, November 12, 2012
REO-to-Rental: An Update, November 5, 2012
FHFA Updates Its Strategic Plan – Charts Course for a New Securitization Infrastructure, October 31, 2012
US Department of Justice Turns Spotlight on Disparate Impact Discrimination Claims, September 20, 2012
US SEC Chairman Schapiro Announces SEC Will Not Vote on Money Market Reform, But Other Regulators May Take Action, August 28, 2012
US Consumer Financial Protection Bureau Proposes Mortgage Servicing Reforms, August 15, 2012
US Consumer Financial Protection Bureau in Process of Restructuring Regulation of Residential Mortgage Market, July 31, 2012
US Consumer Financial Protection Bureau Couples First Enforcement Action With Warning to Financial Services Industry, July 20, 2012
California County Considers Using Eminent Domain to Seize Underwater Mortgages, July 17, 2012
US Consumer Financial Protection Bureau Issues Regulation Protecting Privileged Information from Waiver of Privilege, July 16, 2012
New York’s Proposed Foreclosure Fraud Prevention Act Would Criminalize “Robo-Signing”, July 2, 2012
US Banking Agencies Issue Final Rule on Capital Requirements to Address Market Risk, June 27, 2012
REO to Rental: A New Paradigm for the US Housing Sector? May 1, 2012
US Consumer Financial Protection Bureau Rulemaking: A New Frontier for Cost-Benefit Analysis, April 27, 2012
Final US Rule of Designation of SIFIs Emphasizes the Importance of Full Engagement in the Designation Process, April 18, 2012
Federal Housing Finance Agency Announces Revised Goals for Fannie Mae and Freddie Mac Conservatorships, February 24, 2012
Mapping the Harbor: FDIC Clarifies Securitization Safe Harbor Rules, February 21, 2012
Potential SIFIs Take Note – Your Future Is Being Decided Now: FRB Prepares to Act on Enhanced Prudential Standards, February 16, 2012
Building Consumer Financial Protection Bureau Relationships: Access to Documents, February 12, 2012
US Federal Reserve Board’s Enhanced Supervision Standards Could Raise Significant Issues for Money Fund Sponsors, January 30, 2012
Federal Reserve Board’s White Paper on the US Housing Market: Private Equity Take Note, January 27, 2012
SEC and CFTC Adopt Private Fund Systemic Risk Reporting on Form PF, December 6, 2011
Volcker Rule Regulations Proposed, October 20, 2011
FSOC Issues New Proposed SIFI Designation Rule, October 19, 2011
Living Will Requirements Come Into Focus, September 15, 2011
Designation of Systemically Important Financial Institutions, Living Wills and Enhanced Prudential Regulation One Year Later: A Question of Balance, July 13, 2011
Update Regarding the United States Covered Bond Act, July 11, 2011
Risk Retention Proposal for Residential Mortgages Comes into Focus, May 23, 2011
Executive Compensation Under the Dodd-Frank Regulatory Spotlight, April 12, 2011
Reform for the Covered Bond Industry on the Horizon, March 3, 2011
CFTC and SEC Propose Private Fund Systemic Risk Reporting Rules, March 2, 2011
Administration Report Offers New Directions for the Federal Role in Housing Finance, February 22, 2011
Financial Stability Oversight Council Proposal Includes Few Clues About Who Will Be Designated as Significant, January 24, 2011
FDIC Acts to Facilitate Securitizations by Covered Financial Companies, January 18, 2011
FDIC Issues Opinion Clarifying Treatment of Securitizations by Financial Companies Subject to Resolution Under Title II of the Dodd-Frank Act, January 3, 2011
Financial Stability Oversight Council Begins the Process of Designating Systemically Important Financial Market Utilities, December 2, 2010
Is the FDIC Contemplating the Proactive Use of Living Will Authority?, November 30, 2010
FDIC Begins Action on its Super-Resolution Rules for Covered Financial Companies, October 20, 2010
Financial Stability Oversight Council Seeks Public Input On Designation of Significant Nonbanks and Volcker Rule, October 11, 2010
Financial Stability Oversight Council Begins to Chart a New Course for US Financial Regulation, October 4, 2010
Bankruptcy Court Rejects FDIC’s Claims for Capital Shortfall, September 23, 2010
The Impact of the Financial Regulatory Reform Legislation on the Life Insurance Industry, August 3, 2010
Dodd-Frank’s Limitations on Risk Taking: An Analysis of the Volcker Rule’s Restrictions on Proprietary Trading and Investments and Sponsorship of Hedge Funds and Private Equity Funds, July 22, 2010
The Impact of the Dodd-Frank Wall Street Reform and Consumer Protection Act on Financial Services Companies Outside the United States, July 20, 2010
Fried Frank Harris Shriver & Jacobson LLP Alerts
Enforcement Update: FDIC Loses a Round, March 1, 2010
FDIC Issues Revised FAQs Regarding Its Private Equity Policy Statement, January 11, 2010
FDIC Issues and Withdraws FAQs Regarding Its Private Equity Policy Statement, December 23, 2009
The Outline of Banking Reform Begins to Emerge, December 2, 2009
Blind Pools, Split Banks and the Further Evolution of Bank Investing, November 6, 2009
FDIC Adopts Modified Guidelines for PE Investments in Failed Institutions: The Debate Continues, August 28, 2009
Comment Period Closes on FDIC Private Equity Policy Statement, August 11, 2009
Obama Administration Proposed Legislation to Reform the Financial Regulatory Structure and Establish Systemic Supervision of Financial Services, July 28, 2009
The FDIC Prepares to Test a New Asset Disposition Program to Offer Private Equity a Chance to Play, July 27, 2009
FDIC Proposes Guidelines for PE Investments in Failed Institutions: The Debate Begins, July 6, 2009
Cuomo v. The Clearing House Association, LLC: Supreme Court Permits State Enforcement Against National Banks, June 30, 2009
Fresh Capital is So Close: Another Call to Modify Control Rules, April 7, 2009
Treasury Proposes Wide-Ranging Resolution Authority Over Financial Institution Holding Companies; Proposes Other Significant Regulatory Changes, March 30, 2009
Enlisting Private Equity to Rescue “Legacy Assets”; Treasury Announces Public-Private Investment Fund Structures, March 25, 2009
Federal Reserve to Launch TALF on March 25, March 25, 2009
Reading Between the Lines of the Financial Stability Plan Part II, March 6, 2009
Congress Sets New Executive Compensation Limits for TARP Recipients, February 19, 2009
Treasury Department Announces New Restrictions on Executive Compensation, February 6, 2009
Federal Housing Finance Agency Issues Prompt Corrective Action Regulations for Federal Home Loan Banks, February 5, 2009
Civil False Claims Act: Recent Developments Increase Possibility of FCA Claims Against Recipients of TARP Funds and Contractors Retained by Treasury for TARP Services, February 2, 2009
Federal Reserve and Treasury Announce a New Facility to Provide Liquidity for Asset-Backed Securities, November 26, 2008
OCC Approves Shelf Charter for National Banks to Encourage New Investment, November 25, 2008
Senator Grassley Urges DOJ, Treasury, and Qui Tam Lawyers to Use the False Claims Act against Financial Institutions under Emergency Economic Stabilization Programs, November 19, 2008
Understanding the Intersection of Treasury Department TARP Procedures and Federal Contracting Rules, October 24, 2008
IRS Issues Tax Relief Notices Affecting Financial Institutions that Participate in the Treasury Senior Preferred Stock Purchase Program, October 16, 2008
Treasury Department Issues Guidance on Implementation of Executive Compensation Provisions of the Emergency Economic Stabilization Act of 2008, October 16, 2008
TARP Takes a New Turn: FDIC Takes on a New Role, October 14, 2008
Emergency Economic Stabilization Act Offers Opportunities for Sellers, Contractors, and Purchasers, October 6, 2008
Federal Reserve Board Releases Policy Statement on Private Equity Investments in Banks, September 29, 2008
Understanding the Treasury Rescue Plan: Legislation Expected to be Enacted Within Days Giving Treasury Broad Authority, September 21, 2008
Sixth Circuit Sustains Office of Thrift Supervision Preemption of State Mortgage Broker Regulation Requirements, September 10, 2008
US Government Sets the Stage for a Broad Restructuring of Mortgage Finance by Placing Freddie Mac and Fannie Mae in Conservatorship, September 8, 2008
FDIC Proposes Derivatives Recordkeeping Rule for Troubled Institutions, August 7, 2008
Treasury and FDIC Promote Covered Bonds to Stimulate Mortgage Funding, August 4, 2008
Analysis of and Issues Related to the Housing and Economic Recovery Act of 2008, Part I: Reregulation of the Federal Home Loan Banks, July 30, 2008
Treasury Continues to Assert the Need for Financial Reregulation and Jurisdiction Over Non-Regulated Financial Entities, July 7, 2008
FDIC and Treasury Officials Point to Derivatives as an Element of US Financial Regulatory Reform, June 25, 2008
Financial Institutions and the False Claims Act – National City Mortgage Pays $4.6 Million to Settle False Claims Allegations Involving Mortgage Loans, June 20, 2008
Proposed Credit Card Rules Reflect More Federal Activism in Consumer Protection, May 27, 2008
Regulatory Watch: Treasury Recommends a Massive Reconstruction of Financial Regulation, March 31, 2008
Financial Institutions Litigation: False Claims Act Provides A Powerful Tool for Whistleblowers, February 25, 2003
Insurance Activities of National Banks, July 17, 2002
President Bush Signs Anti-Terrorism/Anti-Money Laundering Legislation, November 20, 2001
Counting the Clicks, February 20, 2001
Electronic Signatures Act: Signed and Sealed, July 6, 2000
Want Your Internet Domain Name Back? Updates in Cybersquatting Law, May 11, 2000
Data Protection v. Privacy: United States and EU Come to Terms on a Safe Harbor, April 20, 2000
Financial Privacy in the Spotlight: Agencies Release Proposal on Gramm-Leach-Bliley Privacy Provisions, February 17, 2000
OCC Requests Comments to Facilitate National Bank Use of New Technologies, February 8, 2000
Commerce Department Amends Export Control Regulations for Encryption Items, Expands License Exception ENC, February 2, 2000
European Union Approves Electronic Signatures Law, December 7, 1999
Comptroller of the Currency Approves Third Internet Bank, CIBC National Bank, October 1, 1999
OCC Approves Next Card’s Establishment of Internet Credit Card Bank, June 30, 1999
FRB Issues Revised Proposal to Permit Electronic Delivery of Disclosures, September 10, 1999
Y2K Act Offers Defendants New Protections Against Liability, July 30, 1999
OCC Authorizes National Banks to Invest in Identity Certification and Electronic Bill Presentment Op Subs, July 16, 1999
Court of Appeals Upholds Decision That Encryption Export Control Regulations Violate First Amendment, May 20, 1999
Bank Regulators Enter into Y2K Agreement with Data Processor, April 7, 1999
Further Refinements to Cyberspace Jurisdiction Law, March 17, 1999
Bills Introduced to Facilitate the Use, Sale and Export of Civil Encryption Technology, March 15, 1996
SELECTED PRESENTATIONS AND PANELS
Volcker Rule 2.0: Legislative Changes and Regulatory Proposals, Dechert LLP Webinar, July 18, 2018
Regulation of Financial Services 2018, Thomson Reuters, New York, NY, May 17, 2018
Financial Services Regulation Reform: What to Look for in 2018, Dechert LLP Webinar, February 12, 2018
Evolving U.S. Regulation of Funds and Asset Managers Under the Trump Administration: Implications for Europe, BVI, Frankfurt, Germany, November 17, 2017
Evolving U.S. Regulation of Funds and Asset Manager Under the Trump Administration: Implications for Europe, EFAMA Investment Management Forum, Brussels, Belgium, November 16, 2017
CFPB and Consumer Protection Hot Topics, Presented by Grant Thornton, Webinar, September 27, 2017
Regulatory Reform and the Trump Administration: Initiatives and Challenges, Dechert LLP Webinar, April 26, 2017
Working to Protect States from SEC’s Overeach, State Financial Officers Foundation 2016 Fall National Meeting and Investment Summit, Chicago, Illinois, October 7, 2016
CFPB Enforcement 2016, Bloomberg BNA Webinar, June 10, 2016
The MetLife Impact on FSOC and SIFI Designations of Asset Managers, Legal Forum at Investment Company Institute’s General Membership Meeting, Washington, DC, May 18, 2016
Defending Bank Enforcement and FDIC D&O Suits: Latest Cases, Defenses and Successful Litigation Strategies, Multi-Law Firm Webinar, October 3, 2015
Investment Company Regulation: History, Evolution and Future Developments, Dechert LLP, New York, NY, October 6, 2015
The Volcker Rule at 5 Years, Dechert LLP Webinar, August 5, 2015
The Volcker Rule 2015: A Regulatory Update, American Law Institute Webinar, April 9, 2015
Volcker Rule Update, Dechert LLP Webinar, December 8, 2014
The New World of Money Market Funds: The SEC Issues New Rules by Split Vote, West Legal Webinar, September 18, 2014
Bank Enforcement Actions: New Issues, Higher Penalties, Joint Enforcement Actions, Stratford Webinar, September 16, 2014
The Volcker Rule: Adjusting to a New Landscape, Regulatory Compliance Association Webinar, June 12, 2014
CFPB Financial Institution Enforcement 2014, American Law Institute Webinar, May 15, 2014
Bank Enforcement 2014, American Law Institute Webinar, March 20, 2014
Living with the Volcker Rule: Volcker Rule Impacts on Asian Asset Managers, Dechert LLP Webinar, February 20, 2014
Living with the Volcker Rule: Proprietary Trading, Dechert LLP Webinar, January 23, 2014
Living with the Volcker Rule, Overview, Dechert LLP Webinar, January 16, 2014
Annual Risk Management Conference, Risk Management Association, Philadelphia, PA, November 17, 2013
The Challenges Created by the Ability-to-Repay and Qualified Mortgage Rules: How to Evaluate the Risks and Implement Mortgage Programs, American Banker Association Telephone Briefing, November 12, 2013
QRM v. QM: Compare and Contrast, 19th Annual ABS Ease Conference, Miami, FL, October 6, 2013
Impact of New Mortgage Rules on Banks: A Strategic Guide to the ATR/QM Rules, New York Bankers Association Webinar, September 12, 2013
Qualified Mortgage Rule, North Carolina Bankers Association Webinar, July 31, 2013
QM: Threading the Ability-to-Repay Needle, American Bankers Association Regulatory Compliance Conference, Chicago, Illinois. June 10, 2013
Qualified Mortgages: A Sea Change for Mortgage Lenders, American Bankers Association Real Estate Lending Conference, New Orleans, LA, April 11, 2013
Charting a Course for 2013: Dodd-Frank Implementation and Strategic Options, North Carolina Bankers Association, Durham, NC, February 21, 2013
A New World for Mortgage Lending: CFPB Issues Qualified Mortgage Rule, Dechert LLP Webinar, January 23, 2013
MRBs and Other Federal Homeownership Programs, National Council of State Housing Agencies 2013 HFA Institute, Washington, DC, January 16, 2013
Money Market Fund Regulation in the Spotlight, West LegalEdcenter Webinar, January 7, 2013
FSOC and Money Market Funds – Implications for Mutual Fund Directors, Mutual Fund Directors Forum Webinar, December 18, 2012
Living with the Consumer Financial Protection Bureau, Dechert LLP Webinar, September 20, 2012
Prospects for Money Market Fund Regulation, Dechert LLP Webinar, September 13, 2012
Securities and Mortgage Litigation: Preparing for the Next Wave, Dechert LLP, New York, NY, May 10, 2012
The Dodd-Frank Report Card: New Receivership Sheriff in Town, West LegalEdcenter Webinar, April 18, 2012
The Dodd-Frank Report Card: Rebuilding Regulations, West LegalEdcenter Webinar, April 11, 2012
The Dodd-Frank Report Card: Living Wills, West LegalEdcenter Webinar, March 21, 2012
The New Government Program to Convert Foreclosed Single-Family Properties Into Rental Units: Investor Opportunities, Dechert LLP Webinar, March 8, 2012
The Dodd-Frank Report Card: Systemic Resolution, West LegalEdcenter Webinar, March 7, 2012
Bank Direct and Officer Liability Defense, West LegalEdcenter, January 24, 2012
New World of Asset Securitization: Risk Retention, Conflict of Interest, Reg. A/B, Dechert LLP Webinar, January 4, 2012
The New World for S&L Holding Companies: The Impact on Trust Banks, Insurance Company HCs, and Intermediate Holding Companies, Dechert LLP Webinar, December 14, 2011
FDIC Suits Against D&Os and Institution Affiliated Parties: Theories, Cases and Defenses, Dechert LLP Webinar, December 7, 2011
Goodbye Too Big To Fail, Hello Orderly Liquidations & Living Wills: How Large Financial Companies and the Markets Will Adapt, Dechert LLP Webinar, November 30, 2011
The Volcker Rule: Intended and Unintended Impacts on U.S and Foreign Entities, Dechert LLP, November 16, 2011
Domestic and European Failed Bank Investments and Living Bank Recaps: New Investment Rules, Adapting to the FDIC SOP and Foreign Bank Considerations, November 14, 2011
A Step Closer to Systemic Regulation: SIFI Designation and FRB Regulation of SIFIs and Large Bank Holding Companies, Dechert LLP, November 9, 2011
Dodd-Frank Implementation, American Council of Life Insurers Annual Conference, Orlando, FL, October 17, 2011
Dodd-Frank Legal Roundup, West LegalEdcenter, October 11, 2011
Dodd-Frank Act & What it Means to the Life Insurance Industry, American Council of Life Insurers Compliance and Legal Sections Annual Meeting, San Antonio, TX, July 11, 2011
Corporate Development: Governance, Risk Management and Executive Compensation, American Bankers Association Strategic Planning for Dodd-Frank, Telephone Briefing Series, March 22, 2011
Financing: Capital and Liquidity Management, American Bankers Association Strategic Planning for Dodd-Frank, Telephone Briefing Series, March 1, 2011
Revenue Generation: Asset and Fee Planning, American Bankers Association Strategic Planning for Dodd-Frank, Telephone Briefing Series, February 17, 2011
The New World of Asset Securitization and Orderly Liquidation, West LegalEdcenter Webinar, February 2, 2011
Legislative and Regulatory Change, Practising Law Institute’s Products of Insurance Companies in the Face of Regulatory Reform 2011, New York, NY, January 28, 2011
Consumer Financial Protection & Enforcement Proceedings under the New Legislation, PLI’s 2010: The Future Is Here, December 8, 2010
The Four Biggest Risks Facing Financial Services Companies Today – And How To Deal With Them, Webinar, November 10, 2010
The Resurgence of Discriminatory Lending Litigation: Best Defenses and Settlement Techniques, American Conference Institute’s Forum on Residential Mortgage Litigation and Regulatory Enforcement, Dallas, TX, October 18, 2010
Analysis of Proposed Banking Reform: Impact on Systemically Significant Companies, Living Wills, Enhanced Supervision, FDIC Receiverships, and Creditor Issues, American Bankers Association Webinar, August 18, 2010
Analysis of Proposed Banking Reform: Impact on Housing Finance, Mortgage Origination Rules, New Litigation Risks, and New Mortgage Risk Rules, American Bankers Association Webinar, July 28, 2010
The Restoring American Financial Stability: Enforcement, Governance & Consumer Protection, Thomson Reuters Webinar, July 26, 2010
Regulation and Supervision of Non-Banks, ILCs and Consumer Banks, Securities and Insurance Activities, Changes for FHLBank, and Regulation of Financial Market Utilities, Financial Services Roundtable Webinar, July 22, 2010
The New Regime for Systemically Significant Companies, Financial Stability Council and Office of Financial Research, Enhanced Prudential Regulation, and the Impact of Activities and the Volcker Rule, Financial Services Roundtable Webinar, July 15, 2010
The Restoring American Financial Stability Act: Regulating Bank Holding Companies, Non- Banking Companies, and Financial Markets, Thomson Reuters Webinar, July 14, 2010
Economy and Banks in Crisis, Fried, Frank, Harris, Shriver & Jacobson, March 6, 2009
Payments Fraud: Perception Versus Reality, Federal Reserve Bank of Chicago, Chicago, IL, June 5, 2008
Information Security and Dealing with Security Breaches, American Bar Association, Chicago, IL, August 6, 2005
The Life Story of a Prepaid Card Program, American Bar Association, Nashville, TN, April 2005
Open Doors: Foreign Participation in Financial Systems in Developing Countries, Brookings Institution, New York, NY, April 2001
Regulatory Challenges in a Changing Landscape, Money Transmitter Regulators Association Annual Conference, Philadelphia, PA, June 13, 2000
AMERICAN BAR ASSOCIATION ACTIVITIES
Past Chair of the Electronic Financial Services Subcommittee of the Cyberspace Committee of the ABA
Co-Chair of the Y2K Joint Task Force of the Cyberspace Law and Business Litigation Committees of the ABA
Member of the ABA’s Task Force on Stored-Value Cards which published “A Commercial Lawyer’s Take on the Electronic Purse” in the February 1997 issue of the Business Lawyer
SELECTED LITIGATION MATTERS
American Bankers Association v. National Credit Union Administration, (D.D.C. 2017), Counsel for Amici Curiae Independent Community Bankers of America and Affiliated State Associations
Independent Community Bankers Association v. National Credit Union Administration, (E.D. Va. 2017), Counsel for Independent Community Bankers Association
MetLife Inc. v. Financial Stability Oversight Council, (D.C. Cir. 2016), Counsel for Amicus Curiae U.S. Chamber of Commerce and Investment Company Institute
MetLife Inc. v. Financial Stability Oversight Council, (D.D.C. 2015), Counsel for Amicus Curiae U.S. Chamber of Commerce
Perry Capital LLC v. Mnuchin, (D.C.Cir. 2015), Counsel for Amicus Curiae Independent Community Bankers of America and the Association of Mortgage Investors
Sprigle v. Glenn, (2d Cir. 2006), Counsel for David Glenn
Independence Federal Savings Bank v. Bender, (D.D.C. 2004), Counsel for Independence Federal Savings Bank
Abigail Adams National Bank v. Reynolds, (D.D.C. 1997), Counsel for Abigail Adams National Bank
Weyerhaeuser v. U.S., (Ct. of Fed. Claims 1995), Counsel for Weyerhaeuser
Security Pacific Business Credit v. FDIC, (D.D.C. 1991), Counsel for Security Pacific Business Credit