Monday, March 30 and Tuesday, March 31
Agenda
Monday, March 30
10:30 – 11:30 a.m.
Registration
11:30 a.m. – 12:30 p.m.
Elizabeth A. Duke
Governor, Federal Reserve Board
Governor Duke joined the Federal Reserve Board of Governors on August 5, 2008, to fill
an unexpired term ending January 31, 2012. She has previously served with distinction
in the banking industry as CEO of Bank of Tidewater, based in Virginia Beach, Virginia;
executive vice president of SouthTrust Bank; executive vice president of Wachovia Bank;
and most recently as senior executive vice president and chief operating officer of
TowneBank, a Virginia-based community bank. She served as chairman of the American
Bankers Association (2004-05) and as president of the Virginia Bankers Association.
Governor Duke received her bachelor’s degree from the University of North Carolina at
Chapel Hill and her M.B.A. from Old Dominion University.
12:30 – 1:00 p.m.
Lunch
1
1:00 – 1:45 p.m.
Gerald P. Hurst
General Counsel, RBC Bank (USA)
Hurst joined RBC in May 2005 and was named general counsel in January 2006.
RBC Bank is RBC Royal Bank of Canada’s U.S banking subsidiary. Prior to joining RBC,
He was deputy general counsel for Bank of America where he was responsible for
the Regulatory and Consumer Banking and Consumer Products legal groups. Hurst
began his legal career as staff attorney and senior counsel with the Board of Governors
of the Federal Reserve System in Washington, D.C. He has a B.S. from the University
of Kentucky and a J.D. from the Columbus School of Law at the Catholic University
of America.
1:45 – 2:00 p.m.
Break
2:00 – 3:15 p.m.
The Financial Crisis: Legislative, Regulatory, and Private Sector Responses
and Strategies
The financial crisis that has engulfed the U.S. and world financial markets is unprecedented in its scope and
impact, and poses formidable challenges for the public and private sectors alike. The next three parts of this
session will discuss the crisis, how our elected and appointed officials are responding to it, and the strategies
that banking organizations and others in the private sector are developing to respond to the financial crisis.
Session Coordinator Charles M. Horn*
Mayer Brown LLP, Washington, DC
Part 1: The Response of Congress and the Administration to the Financial Crisis and
the Prospects for Financial Services Reform
This panel will examine the responses by Congress, the administration, and the states to the financial crisis,
including a discussion of the Emergency Economic Stabilization Act and the Troubled Asset Relief Program (TARP),
the elements of the Obama administration’s economic stimulus program, and other federal legislative initiatives
to alleviate the impact of the current crisis. The panel will also discuss the prospects for financial services
regulatory reform.
Donald C. Lampe*
Womble Carlyle Sandridge & Rice, PLLC, Charlotte
Congressional Contacts – to be confirmed
3:15 – 3:30 p.m.
Break
2
David A. Smith
House Financial Services Committee,
Washington, DC
3:30 – 4:45 p.m.
Part 2: Regulatory Responses to the Financial Crisis
The financial crisis poses a substantial challenge to the financial condition of regulated banking organizations and
to the overall safety and soundness of the U.S. financial system. A panel of federal and state regulatory officials
will address the following questions: What actions are regulators taking to deal with the crisis? What priorities do
they have in fulfilling their regulatory and supervisory responsibilities in these challenging times?
Fred D. Finke Office of the Comptroller of the Currency, Washington, DC.
Charles M. Horn*
Mayer Brown LLP, Washington, DC
Mark S. Schmidt
Federal Deposit Insurance Corporation, Atlanta
.
Joseph A. Smith, Jr.
North Carolina Commissioner of Banks, Raleigh
4:45 – 5:00 p.m.
Break
5:00 – 6:00 p.m.
Part 3: Financial Institution Strategies for Dealing with the Crisis
Banking organizations – and their clients – are facing unprecedented challenges in developing their immediate
and longer-term response strategies to the financial crisis. Is government support necessary or even desirable?
What measures can be used for limiting exposures to credit-impaired or illiquid assets? What funding alternatives
and credit alternatives are available? How are relationships with customers affected? The panel, drawn from
banking organizations and consumer advocacy groups, will discuss the strategies that financial institutions are
using or should be using.
A. Lee Hogewood III*
K&L Gates LLP, Raleigh
D.
Ben Berry
Bank of America,
Charlotte
Hampton
Roads, Bancshares,
Norfolk, VA
Christopher Kukla
Center for Responsible Lending, Durham
Michael
Crescent
Cary
6:00G.Financial
–Carlton
7:00Corporation,
p.m.
Reception
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.
7:00 – 7:45 p.m.
Dinner
*Panel Coordinator
3
7:45 – 8:30 p.m.
Thomas W. Killian
Principal, Sandler O’Neill + Partners, LP, New York
Killian is a principal at Sandler O’Neill, a leading firm in providing investment banking,
advisory, balance sheet management, brokerage, and research services to financial
institutions and their investors. At Sandler O’Neill, he is a primary resource in
structuring and implementing complex capital markets transactions for financial
institutions. Prior to joining Sandler O’Neill, Killian structured leveraged financing
transactions at NationsBank, worked in capital markets and on advisory assignments
for Salomon Brothers, and managed financial advisory and capital raising activities for
banks and thrifts with J.P. Morgan. He was a Morehead Scholar at the University of
North Carolina at Chapel Hill and is a graduate of Northwestern University’s J.L.
Kellogg Graduate School of Management.
Tuesday, March 31
7:15 – 8:00 a.m.
Continental Breakfast
8:00 – 9:15 a.m.
Treasury Funding in Challenging Times
This panel will discuss bank funding, liability management and capital maintenance in the current economic
environment, including the following topics:
–
–
–
–
–
–
–
Hide and Seek: Finding the funding sources
Do or Dare: What it takes to get the available funds
Public vs. Private: How to take government money (and how much)
Match Funding or Match Sticks: Putting out overnight fires with term funding
Selling Your Soul to Save Your Bank: The effect of asset liquidity on bank funding plans
Push Me, Pull Me: Making rational decisions under the influence of accounting requirements
Living and Dying by the Numbers: Excess liquidity, days without funding and other money metrics
John Beebe
Federal Reserve Bank of Richmond, Charlotte
John F. Bovenzi
Federal Deposit Insurance Corporation, Washington, DC
Joseph B. Buonanno*
Hunton & Williams, LLP, Charlotte
9:15 – 9:30 a.m.
Break
4
Angus M. McBryde
Charlotte
9:30 – 10:45 a.m.
Loan Modifications – Turbulent Times – Troublesome Topics
This panel will examine those legal and regulatory issues affecting loans and loan modifications which become
critical in trouble times, as well as new and complex legal issues which have recently arisen in the marketplace. Topics
will include potential pitfalls in restructurings and reporting, new insolvency risks created by recent conversions to
bank holding companies, practical evaluations of loan documents and modification risks, comparisons of lender
risks in FIRREA receiverships and bankruptcies, risks related to syndications and participations, and potential
legal and practice changes regarding modifications of securitized assets.
John L. Douglas
Paul Hastings, Atlanta
J. Thomas Dunn, Jr.*
Moore & Van Allen PLLC, Charlotte
Kenneth M. Greene
Carruthers & Roth, P.A., Greensboro
10:45 – 11:00 a.m.
Break
11:15 a.m. – 12:30 p.m.
Negotiating the Storm: Least Cost Bank Resolution
This panel will examine the multiple resolution methods used by the FDIC in resolving insolvent financial institutions
during this financial crisis, including the use of de novo charters. These issues will be considered in the light of
lessons learned during the savings and loan crisis.
Lawrence E. Beard
Office of the Comptroller of the Currency, Washington, DC
Jewell D. Hoover*
Hoover & Associates, LLC, Charlotte
David M. Gearin
Federal Deposit Insurance Corporation, Washington, DC
Kenneth C. Johnston*
Kane Russell Coleman & Logan PC, Dallas
Samuel P. Golden
Alvarez & Marsal, Houston
Joseph A. Smith, Jr.
North Carolina Commissioner of Banks, Raleigh
12:30 – 2:30 p.m.
Board of Advisors Luncheon Meeting
*Panel Coordinator
5
Board of Advisors
Patrick M. Aul
UNC School of Law, Chapel Hill
John L. Douglas
Paul, Hastings, Janofsky & Walker LLP, Atlanta
David Line Batty
Winston & Strawn LLP, Charlotte
David P. Downs
Stifel, Nicolaus & Co, Florham Park
Rufus F. Beaty
Carolina First Bank, Greenville, SC
A. Patrick Doyle
Arnold & Porter, Washington, DC
George D. Beischer
Beischer, Boles, & Beischer, PA, Durham
J. Thomas Dunn, Jr.
Moore & Van Allen, PLLC, Charlotte
John Charles Boger
UNC School of Law, Chapel Hill
Robert Eisenbeis
Norcross, GA
Wood Britton
The Orr Group, Winston-Salem
Gary W. Farris
Burr & Forman LLP, Atlanta
Lissa Lamkin Broome
UNC School of Law, Chapel Hill
Adam Feibelman
UNC School of Law, Chapel Hill
James R. Bryant
Dewey & LeBoeuf LLP, Charlotte
Raymond D. Fortin
SunTrust Banks, Inc., Atlanta
Tracy Calder
UBS Wealth Management, Raleigh
Anthony Gaeta
Gaeta & Eveson, PA, Raleigh
Michael D. Calhoun
Center for Responsible Lending, Durham
Leonard H. Gilbert
Holland & Knight, LLP, Tampa
Alfred P. Carlton
Allen and Pinnix, PA, Raleigh
Richard L. Gray
United Guaranty Corporation, Greensboro
James P. Carroll
Cadwalader, Wickersham & Taft, Charlotte
Timothy W. Griffin
Poyner Spruill LLP, Charlotte
Scott M.A. Clark
Sandler O’Neill + Partners, LP, New York
Thomas Lee Hazen
UNC School of Law, Chapel Hill
H. Rodgin Cohen
Sullivan & Cromwell, New York
J. Richard Hazlett
Moore & Van Allen, PLLC, Charlotte
V. Gerard Comizio
Paul, Hastings, Janofsky & Walker LLP, Washington, DC
Scott A. Hefner
North Carolina Business Court, Greensboro
Robert A. Connolly
Kenan-Flagler Business School, Chapel Hill
Jerone C. Herring
Montreat
Marion A. Cowell
Kilpatrick Stockton LLP, Charlotte
Frank A. Hirsch, Jr.
Nelson Mullins Riley & Scarborough, LLP, Raleigh
Paul S. Donohue
Alston & Bird LLP, Charlotte
Jewell D. Hoover
Hoover and Associates, LLC, Charlotte
6
Board of Advisors (continued)
A. Lee Hogewood
K&L Gates LLP, Raleigh
Saule T. Omarova
UNC School of Law, Chapel Hill
Charles M. Horn
Mayer Brown LLP, Washington, DC
H. Gary Pannell
Jones, Walker, Waechter, Poitevent, Carrère & Denègre
LLP, Atlanta
Phillip D. Huber
The Hutchison Company, Durham
Gerald P. Hurst
RBC Bank (USA), Raleigh
John L. Jernigan
Smith Anderson Blount Dorsett Mitchell & Jernigan,
LLP, Raleigh
Stephen D. Poe
Bell, Davis & Pitt, PA, Winston-Salem
Paul J. Polking
Charlotte
Francis C. Pray, Jr.
Nelson Mullins Riley & Scarborough, LLP, Charlotte
Kenneth C. Johnston
Kane Russell Coleman & Logan PC, Dallas
Henry H. Ralston
Robinson Bradshaw & Hinson, PA, Charlotte
Frances B. Jones
BB&T Corporation, Winston-Salem
Ronald D. Raxter
Williams Mullen, Raleigh
Eugene M. Katz
Wells Fargo & Company, Charlotte
Joe Reid Capitol Bancorp Ltd., Lansing, MI
Satish M. Kini
Goodwin Procter LLP, Washington, DC
Albert M. Salem
First Commercial Bank of Tampa, Tampa
Donald C. Lampe
Womble Carlyle Sandridge & Rice, PLLC, Charlotte
Margot F. Saunders
National Consumer Law Center, Washington, DC
William R. Lathan
Ward and Smith, PA, New Bern
Robert A. Singer
Brooks, Pierce, McLendon, Humphrey, & Leonard, LLP,
Greensboro
Jerry W. Markham
Florida International University, Miami
Meghan French McClure
UNC School of Law, Chapel Hill
Daniel L. McCullough
McAngus Goudelock & Courie LLC, Charlotte
Raj Natarajan
Kilpatrick Stockton LLP, Charlotte
Michael Nedzbala
Hunton & Williams LLP, Charlotte
F. Donald Nelms, Jr.
Bryan Cave, Atlanta
Karol K. Sparks
Barack Ferrazzano Kirschbaum & Nagelberg LLP,
Chicago
Paul H. Stock
North Carolina Bankers Association, Raleigh
Paul S. Ware
Bradley Arant Boult Cummings, LLP, Birmingham
K. Elizabeth Whitehead
American Savings Bank, Honolulu
W. Samuel Woodard
Parker Poe Adams & Bernstein LLP, Charlotte
Mary Patricia D. Oliver
Cleveland, OH
7
Sponsors
Alston & Bird LLP
American Savings Bank
BB&T Corporation
Beischer, Boles & Beischer, PA
Bradley Arant Boult Cummings LLP
Brooks, Pierce, McLendon, Humphrey, & Leonard, LLP
Bryan Cave LLP
Cadwalader, Wickersham & Taft LLP
Carolina First Bank
Gaeta & Eveson, PA
Hunton & Williams LLP
Jones, Walker, Waechter, Poitevent, Carrere & Denegre LLP
Kane, Russell, Coleman & Logan PC
K&L Gates LLP
Kilpatrick Stockton LLP
Mayer, Brown LLP
Moore & Van Allen, PLLC
Nelson Mullins Riley & Scarborough, LLP
North Carolina Bankers Association
Paul, Hastings, Janofsky & Walker LLP
Poyner Spruill LLP
RBC Bank (USA)
Robinson, Bradshaw & Hinson, PA
Sandler O’Neill + Partners, LP
Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP
Stifel, Nicolaus & Company, Inc.
The Hutchison Company
Ward and Smith, PA
Williams Mullen
Winston & Strawn LLP
Womble Carlyle Sandridge & Rice, PLLC
8
Registration Form
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$425.00
_________
o & Program on April 7
Dinner
Postmarked after 3/28/05
NC Banking Commission, Government, Law Clerk
$495.00
__ _________
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____________
$175.00 N_ _________
Currently Unemployed Professional
$175.00
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$ 70.00
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___ _________
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