Robert Ledig Publications

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