2012 Banking Institute Agenda
Thursday, March 29
10:30 a.m.
Registration and Refreshments (Ballroom Prefunction)
11:15 a.m. - 12:30 p.m.
The New Normal of Community Banking: Key Ingredients to
Survive and Thrive (Salon II & III)
This panel will discuss the changing world for thrift institutions and
community banks following the enactment of the Dodd-Frank Act.
The topics to be covered will include choice of charter and structure
options, the new regulatory structure and its impact, corporate
governance and risk management for new business activities and
expansion proposals, and the proper response to supervisory
actions.
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Paul M. Aguggia, Kilpatrick Townsend & Stockton LLP,
Washington
Robert L. Davis, Executive Vice President, Corporate
Counsel, and Corporate Secretary, First Financial
Holdings, Charleston
Paul S. Pilecki, Kilpatrick Townsend & Stockton LLP,
Washington (coordinator)
Scott M. Polakoff, Executive Managing Director, FinPro,
Inc., Liberty Corner, New Jersey
12:30 p.m. - 1:00 p.m.
Lunch (Salon I)
1:00 p.m. - 1:50 p.m.
Robert J. Johnson, Jr., General Counsel, Corporate Secretary
and Chief Governance Officer, BB&T (Salon II & III)
Introduction by: Joseph A. Smith, Jr., Poyner Spruill LLP
Bob Johnson joined BB&T's Legal Department in 2005. He became
General Counsel on September 1, 2010, after serving as BB&T's
Deputy General Counsel and Manager of the Corporate Securities,
Tax Practice Group. As BB&T's General Counsel, Johnson
manages a team of over 70 attorneys and legal professionals with
several satellite offices throughout the company's footprint. He
received a bachelor's degree from Miami University, Ohio and a
J.D. from The Ohio State University Moritz College of Law.
1:50 p.m. - 2:00 p.m.
UNC Banking Institute 2012
Break (Ballroom Prefunction)
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March 29-30, 2012
2012 Banking Institute Agenda
Thursday, March 29
2:00 p.m. - 3:30 p.m.
Dodd-Frank Act Regulatory Implementation
The panel will discuss the status of the implementation of the DoddFrank Act by the federal banking agencies and the FSOC, with
particular focus on Titles I and II, the Volcker Rule, and derivatives.
Within Title I, the panel will discuss financial stability and systemic
risk, including the designation of systemically important nonbank
financial companies, and the regime for enhanced prudential
supervision for bank holding companies and nonbank financial
companies. In Title II, the focus will be the Orderly Liquidation
Authority, its coverage, process, and exempt entities. Within section
619, the Volcker Rule, the panel will discuss restrictions on
proprietary trading and private equity investments/covered funds.
The recordkeeping, reporting, and compliance requirements
associated with the rule will also be examined. Finally, the panel
will explore Dodd-Frank's treatment of derivatives.
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Scott A. Cammarn, Cadwalader, Wickersham & Taft LLP,
Charlotte
John L. Douglas, Davis Polk & Wardwell LLP,
Washington
A. Patrick Doyle, Arnold & Porter, LLP, Washington
(coordinator)
Dominic A. Labitsky, Legal Division, Federal Reserve
Board, Washington
Daniel R. Waldman, Arnold & Porter, LLP, Washington
3:30 p.m. - 3:45 p.m.
Break (Ballroom Prefunction)
3:45 p.m. - 5:00 p.m.
The Keys to Capital in 2012: "Capital is King"
"Capital is King" that was the rule before the global financial crisis
and it has taken on significantly more meaning in the aftermath.
This panel will begin with a discussion of the building blocks of
capital – what constitutes good capital, how it is measured under
Dodd-Frank and Basel III, and what has changed from the prior
regulatory capital regime. The panelists will then discuss the old
and new challenges associated with capital generation and balance
sheet management, as well as the impact of the new capital rules
on TRUPS and other capital instruments, securitizations, and
products that may require more capital to be held against them.
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UNC Banking Institute 2012
Edwin S. del Hierro, Kirkland & Ellis LLP, Chicago
Carol A. Hitselberger, Mayer Brown LLP, Charlotte
Charles M. Horn, Morrison & Foerster LLP, Washington
Karol K. Sparks, Barack Ferrazzano Kirschbaum &
Nagelberg LLP, Chicago (coordinator)
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March 29-30, 2012
Evening Special Events
5:00 p.m. - 6:00 p.m.
Reception (Ballroom Prefunction)
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.
Sponsored by The Clearing House
The Clearing House is the oldest banking association and payments company in the U.S., having
been established in 1853. It is owned by the world's largest commercial banks. The Clearing House
Payments Company provides payment, clearing, and settlement services to its member banks and
other financial institutions, clearing almost $2 trillion daily and representing nearly half of the
automated-clearing-house, funds-transfer, and check-image payments made in the United States.
The Clearing House Association, LLC is a nonpartisan advocacy organization representing the
interests of its owner banks on a variety of important banking issues. We are grateful to The Clearing
House for its generous support of this reception and of our New York Lecture Series.
6:00 p.m. - 6:45 p.m.
Banking Institute Annual Dinner (Salon I)
This is a separately ticketed event, but it is included without additional charge for all speakers,
students, those attending as corporate sponsors, or on other special admission rates. Please
consider attending to spend more time meeting and talking with colleagues and to hear the afterdinner remarks.
The Inaugural George and Susan Beischer Address:
Jeffrey M. Lacker, President, Federal Reserve Bank of Richmond
Introduction by: Jacob "Jake" A. Lutz III, Troutman Sanders LLP, Richmond
Jeffrey Lacker became the President of the Federal Reserve Bank of Richmond on August 1, 2004.
He received a bachelor's degree in economics from Franklin and Marshall College and a Ph.D. in
economics from the University of Wisconsin. He has worked at Wharton Econometrics in Philadelphia
and as an assistant professor of economics at the Krannert School of Management at Purdue
University. He joined the Federal Reserve Bank of Richmond in 1989 as an economist in the banking
area of the Research Department. He was named research officer in 1994, vice president in 1996,
and senior vice president and director of the Research Department in 1999.
In the Beischer Challenge George and Sue Beischer agreed to match up to $1 million of gifts and
pledges to the Center for Banking and Finance. The gift was completed in 2011 and celebrated at the
William Horn Battle Society Dinner on April 15, 2011. In honor of this transformative gift to the Center,
its board of advisors voted to name the after-dinner address at the annual Banking Institute in honor
of the Beischers. We mourn George's death in September 2011, and are pleased that the Beischer
Address will be an annual opportunity to remember George and to thank the Beischers for their
generosity.
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Page 3 of 13
March 29-30, 2012
2012 Banking Institute Agenda
Friday, March 30
7:45 a.m. - 8:15 a.m.
Continental Breakfast (Ballroom Prefunction)
8:30 a.m. - 9:30 a.m.
The Consumer Financial Protection Bureau (Salon II & III)
This panel will explore the newest federal financial regulatory
agency, the Consumer Financial Protection Bureau. The panel will
discuss the CFPB's rulemakings, preemption, and the respective
roles of the CFPB and state attorneys general in enforcement
activities.
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Reginald J. Brown, WilmerHale, Washington
Roy A. Cooper III, Attorney General, State of North Carolina,
Raleigh
Leonard J. Kennedy, General Counsel, Consumer Financial
Protection Bureau, Washington
Jacob A. Lutz III, Troutman Sanders LLP, Richmond
(coordinator)
Kenneth L. Miller, Deputy General Counsel, Bank of America
Corporation, Charlotte
Edward P. O'Keefe, General Counsel, Bank of America
Corporation, Charlotte (coordinator)
Ashley L. Taylor, Jr., Troutman Sanders LLP, Washington
and Richmond
9:45 a.m. - 10:00 a.m.
Break (Ballroom Prefunction)
10:00 a.m. - 11:15 a.m.
The Donald F. Clifford, Jr. Distinguished Lecture on Consumer
Law: Threats to Federal Safety Net Benefits in Bank Accounts
Margot Freeman Saunders, Of Counsel,
National Consumer Law Center
Introduction by: John Charles “Jack” Boger, Dean, UNC School of Law
Margot Saunders is "of counsel" to the National Consumer Law
Center, after serving as Managing Attorney of the Center's
Washington office from 1991 to 2005. She has testified before
Congress on dozens of occasions regarding a wide range of
consumer law matters, including predatory lending, payments law,
electronic commerce, and other financial credit issues. Saunders is
a graduate of UNC School of Law and was one of Professor
Clifford's students.
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March 29-30, 2012
The Clifford Distinguished Lecture on Consumer Law was
established by the UNC School of Law and friends following
Professor Clifford's death. Clifford was the Aubrey L. Brooks
Professor and served as a faculty member of Carolina Law from
1964 to 2004, specializing in commercial and consumer law. He
founded the law school's very successful Festival of Legal Learning
and served as a member of the Board of Advisors for the Center for
Banking and Finance.
11:15 a.m. - 12:30 p.m.
Dirt for Debt and Other Catastrophes for Commercial Lenders
The panel will discuss problems facing bankers and lawyers in
workouts and restructurings now and those that are likely to arise in
the future.
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12:30 p.m. - 2:30 p.m.
UNC Banking Institute 2012
Joel T. Brighton, Managing Counsel, Commercial Workout
Section, Legal Department, Wells Fargo Corporation,
Charlotte
J. Thomas Dunn, Jr., Moore & Van Allen, PLLC (retired),
Charlotte
Leonard H. Gilbert, Holland & Knight LLP, Tampa
(coordinator)
Stephen E. Gruendel, Moore & Van Allen, PLLC, Charlotte
William J. Nolan, Senior Managing Director, FTI Consulting,
Charlotte
Edwin E. Smith, Bingham McCutchen LLP, New York and
Boston
Center for Banking and Finance Board of Advisors
Luncheon Meeting (Great Room II)
Page 5 of 13
March 29-30, 2012
Banking Institute Speaker Biographies
Paul M. Aguggia
Kilpatrick Townsend & Stockton LLP
Paul Aguggia is a partner at Kilpatrick Townsend. He focuses his practice on public and private capital raising
transactoins, corporate reorganizations and restructurings, mergers and acquisitions, federal securities
reporting, federal and state securities compliance matteres, and general corporate law. Mr. Aguggia also
advises private investors, including private equity funds and hedge funds. He also has experience representing
financial institutions, including representation of mutual financial institutions with respect to mutual-to-stock
conversions, mutual holding company reorganizations, charter choice, and depositor/member issues.
Mr. Aguggia has presented and published on subjects such as corporate governance, Dodd-Frank regulatory
compliance, and the Troubled Asset Relief Program. He received a B.A. from Colgate University and a J.D.
from Duke University School of Law.
Joel T. Brighton
Wells Fargo Corporation
Joel Brighton is Managing Counsel in the Commercial Workout Section of the Wells Fargo Law Department.
Mr. Brighton’s focus is in the areas of bankruptcy, workouts and creditors’ rights, and he has substantial
experience representing creditors and debtors in all matters under the Bankrptcy Code. Since joining
Wachovia (now Wells Fargo) in 2003, Mr. Brighton has continued to focus on workout and bankruptcy matters.
Mr. Brighton has been a speaker and writer at various business and legal conferences. He is admitted to
practice in Pennsylvania and New Hampshire and is also a member of the American Bankruptcy Institute.
He received a J.D. from the University of Pennsylvania Law School.
Reginald J. Brown
WilmerHale
Reginald Brown is a partner in WilmerHale’s Litigation/Controversy and Regulatory and Government Affairs
Departments. Mr. Brown is also Vice-Chair of the Public Policy and Strategy Practice Group. His practice
focuses on providing strategic counsel, investigation-related expertise, and crisis management assistance to a
broad range of companies, confronting challenges and opportunities at the intersection of government, law,
media, and public policy.
Mr. Brown has assisted companies with more than 60 significant congressional inquiries within the last four
years, and leads teams of lawyers managing Justice Department and State Attorneys General investigations.
He has also served as lead CFIUS counsel for many complex transactions – energy deals, state-owned
transactions involving Asian entities, and a merger transaction for the New York Stock Exchange. He received
a B.A. from Yale University and a J.D. from Harvard Law School.
Scott A. Cammarn
Cadwalader, Wickersham & Taft LLP
Scott Cammarn currently serves as Special Counsel for Cadwalader, Wickersham & Taft. His practice focuses
on regulatory matters, mergers and acquisitions, legislation and lobbying, corporate affairs, training, and
antitrust. He has represented several nationally-recognized consumer lending institutions, and has represented
clients before the Federal Reserve, the OCC, the FDIC, and a multitude of state banking departments.
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March 29-30, 2012
Prior to joining Cadwalader, Mr. Cammarn served as Bank Regulatory Counsel for Ally Financial (formerly
GMAC Financial Services), Senior Vice President and General Counsel of LendingTree, and in various legal
capacities in over eleven years at Bank of America. Mr. Cammarn has been an adjunct professor at Duke
University School of Law, teaching the U.S. Banking Regulation course. He has several publications and has
participated in various speaking engagements on bank regulatory issues. He received a B.S. from Ohio State
University and a J.D. from Duke University School of Law.
Roy A. Cooper III
Attorney General of North Carolina
Roy Cooper is the Attorney General of North Carolina. He was elected Attorney General in 2000 and reelected in 2004 and 2008. As the state’s top law enforcement official, he has focused a considerable amount of
his efforts on combating predatory lending.
Prior to his election as Attorney General, Mr. Cooper was a partner at Fields and Cooper, where he had
worked since 1982. Mr. Cooper also served in the North Carolina State Legislature – as a Senator from 1991
to 2000, and as a Representative from 1987 to 1991. He received a B.A. from the University of North Carolina
at Chapel Hill and a J.D. from the University of North Carolina School of Law.
Robert Davis
First Financial Holdings
Robert Davis is Executive Vice President, Corporate Counsel, and Corporate Secretary for First Financial
Holdings. Mr. Davis leads the Legal Group which, in addition to providing and managing legal services,
includes Regulatory Compliance, Risk Management, and Anti-Money Laundering/Fraud compliance. Mr. Davis
has practiced law for 32 years and, during that time, served as an attorney with the Office of the Comptroller of
the Currency in Washington, DC, and worked in private industry. He has extensive experience in litigation,
regulatory, compliance, legislative, securities, risk management, and corporate governance issues.
Prior to joining First Financial Holdings and First Federal, Mr. Davis was Managing Director and General
Counsel of Provident Bankshares Corporation/Provident Bank in Baltimore, Maryland from 1991 until its sale in
2009. He received a B.A. from McDaniel College and a J.D. from the University of Baltimore School of Law.
Edwin S. del Hierro
Kirkland & Ellis LLP
Edwin del Hierro is a partner at Kirkland & Ellis and heads the firm’s financial institutions regulatory practice.
Mr. del Hierro has extensive experience representing banks, thrifts, bank and thrift holding companies,
investment banks, and institutional lenders. He has represented private equity and other investors in both
control and non-control investments. Mr. del Hierro also represents acquirers of failed institutions from the
FDIC, and advises clients regarding regulatory compliance issues, enforcement actions, bank insolvency
matters, and other governmental investigations.
Mr. del Hierro is a member of the Banking Law Committee of the American Bar Association, where he has
served on the faculty of Banking Law II, a multi-day advanced banking law institute. He is a frequent speaker at
schools and seminars for bankers, bank counsel, regulators, and accountants. He has also been a guest
lecturer at the Chicago-Kent College of Law graduate program in financial services law. He received a B.A.
from Loyola University of Chicago and a J.D. from Northwestern University School of Law.
UNC Banking Institute 2012
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March 29-30, 2012
John L. Douglas
Davis Polk & Wardwell LLP
John Douglas is a partner in Davis Polk’s Financial Institutions Group. Mr. Douglas heads the firm’s bank
regulatory practice. As former General Counsel of the FDIC during the savings and loan crisis, he provides
clients with the benefit of his extensive, first-hand experience in failed and troubled banking entities. Mr.
Douglas has been involved in several complex FDIC-assisted merger and acquisition transcations of recent
years, counseling Citibank, JPMorgan Chase, Morgan Stanley, IndyMac, and Bank United.
During his tenure with the FDIC, Mr. Douglas participated in implementation of the Financial Institutions
Regulatory Reform and Restructuring Act of 1989, and assisted in the organization of the Resolution Trust
Corporation. Mr. Douglas is Director of Financial Services Volunteer Corp., a non-profit organization that
assists nations as they work to develop stronger banking and capital markets systems. He received a B.A.
from Davidson College and a J.D. from the University of Georgia School of Law.
A. Patrick Doyle
Arnold & Porter, LLP
Pat Doyle is a partner in Arnold & Porter’s Financial Services practice group, which he has led since 1993. Mr.
Doyle has experience counseling bank holding companies, foreign banks, savings institutions, insurance
companies, securities firms, hedge funds, and private equity entities on a wide array of regulatory matters. Mr.
Doyle has worked on strategic planning, enforcement proceedings, complex regulatory issues, and legislation.
He currently advises some of the nation’s largest financial services companies on the applications of the DoddFrank Act, particularly Titles I, II, and VI.
Prior to joining Arnold & Porter in 1983, Mr. Doyle held a variety of legal positions at the Treasury Department
and Office of the Comptroller of the Currency, including Counsel to the Multinational Banking Group and as the
Acting General Counsel of the Federal Home Loan Bank Board. Mr. Doyle is a member of the Executive
Counsel of the Banking Law Committee of the Federal Bar Association. He is a frequent speaker on topics
related to the regulation of the financial services industry. He received a B.A. State University of New York at
Oswego and a J.D. from the Syracuse University College of Law.
J. Thomas Dunn
Moore & Van Allen, PLLC (Retired)
Tom Dunn is a retired partner from Moore & Van Allen where he was a member of the Financial Services
Group and Insolvency Group, responsible for capital markets, general bank and asset-based lending, as well
as workout activities for major national lending institutions. He received a B.A. from Belmont Abbey College
and a J.D. from the University of North Carolina School of Law.
Leonard H. Gilbert
Holland & Knight LLP
Leonard H. Gilbert is a partner in Holland & Knight’s Financial Services Practice Group, and focuses in the
areas of banking, commercial finance, creditors’ rights, and commercial litigation.
Mr. Gilbert is a former president of the Florida Bar Association, and has also been active in the American Bar
Association. Mr. Gilbert has served as Co-Chair of the Section on Insolvency for the International Bar, and has
been active in the International Insolvency Institute. He is also a past president of the American College of
Commercial Finance Lawyers, as well as Regent and Director of the American College of Bankruptcy. He
received a B.A. from Emory University and a J.D. from Harvard Law School.
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March 29-30, 2012
Stephen E. Gruendel
Moore & Van Allen, PLLC
Steve Gruendel represents banks and financial institutions in connection with bankruptcy and workout
situations involving troubled credits. His clients include both national and regional financial institutions that are
lenders at all levels of a distressed company’s capital structure – including senior secured lenders, second-lien
lenders, and subordinated lenders. Mr. Gruendel regularly represents administrative agents and collateral
agents for syndicated credit facilities in workouts and bankruptcies.
Mr. Gruendel has been actively involved in the American Bankruptcy Institute, American Bar Association, and
the North Carolina Bar Association. He received a B.A. from Yale University and a J.D. from Boston College.
Carol A. Hitselberger
Mayer Brown LLP
Carol Hitselberger is a partner at Mayer Brown, focusing her practice on financing matters. She has experience
in securitization and structured financial products, including structuring domestic and cross-border commercial
paper-funded securitization vehicles, and securitizing trade receivables and various other financial assets. She
has also worked on synthetic leases and securitizations.
Ms. Hitselberger is a frequent speaker at industry professional seminars and conferences, including
Information Management Network and the Strategic Research Institute. She has also written on securitization
issues. She received a B.A. from the University of Illinois and a J.D. from University of Pennsylvania Law
School.
Charles M. Horn
Morrison & Foerster LLP
Charles Horn is a partner at Morrison & Foerster, where he focuses on banking and financial services
transactions and regulatory compliance issues. Mr. Horn represents domestic and global financial services
firms of varying sizes on issues affecting their organization, structure, governance, management, and
operations. He also provides extensive regulatory counsel to banks and other financial institutions on federal
and state financial regulation, supervision, and compliance matters.
Prior to joining the private sector, Mr. Horn served in various positions within the OCC, including Director from
1986 to 1989. Mr. Horn has also held various positions within the SEC, including Branch Chief. Mr. Horn is a
frequent speaker and writer on a wide array of financial service regulatory topics. He received a B.A. from
Harvard University and a J.D. from Cornell Law School.
Robert J. Johnson
BB&T Corporation
Bob Johnson currently serves as General Counsel for BB&T. Mr. Johnson joined BB&T’s Legal Department in
2005 and, before being named General Counsel in September 1, 2010, served as BB&T’s Deputy General
Counsel, responsible for the Mergers and Acquisitions and Corporate, Securities and Regulatory Practice
Groups. As BB&T’s General Counsel, Mr. Johnson manages a team of over 70 attorneys and legal
professionals.
Prior to joining BB&T, Mr. Johnson was in private practice with the law firm of Squire, Sanders & Dempsey LLP
in Cleveland, Ohio, providing counsel to financial institutions and their affiliates. His practice included general
corporate and commercial representation with an emphasis on mergers and acquisitions, regulatory and
compliance matteres, and securities law representation -- including public and private equity, debt offerings,
UNC Banking Institute 2012
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March 29-30, 2012
and compliance issues relating to the Sarbanes-Oxley Act of 2002 and the Securities Act of 1934. He received
a B.A. from Miami University, Ohio and a J.D. from the Ohio State University Moritz College of Law.
Leonard J. Kennedy
Consumer Financial Protection Bureau
Leonard Kennedy is General Counsel of the Consumer Financial Protection Bureau. Mr. Kennedy recently
served as General Counsel, Corporate Secretary, and Chief Government Affairs Officer for Sprint Nextel
Corporation, where he advised the board of directors, CEO, and senior management on all aspects of the
company’s legal concerns. He has twice served as a Senior Legal Advisor at the Federal Communications
Commission. He received a B.A. and a J.D. from Cornell University.
Dominic A. Labitzky
Legal Division, Board of Governors of the Federal Reserve System
Dominic Labitzky is a Senior Attorney, Legal Division, Board of Governors Federal Reserve System, where he
has worked since December of 2007. His work focuses on legislation and policy matters, special projects, and
complex applications under the Bank Holding Company Act and Change in Bank Control Act. His experience
includes developing and drafting proposals and final rules implementing provisions under Title I of the DoddFrank Act. Prior to joining the Legal Division, he was an associate in the Washington, D.C.-based financial
institutions group of a large New York law firm. He received a B.A. from the University of Maryland and a J.D.
from American University, Washington College of Law.
Jeffrey M. Lacker
Federal Reserve Bank of Richmond
Jeff Lacker became the President of the Fifth District Federal Reserve Bank of Richmond on August 1, 2004.
Dr. Lacker serves as a 2012 voting member on the Federal Open Markets Committee. He has worked at
Wharton Econometrics in Philadelphia and as an Assistant Professor of Economics at the Krannert School of
Management at Purdue University. Dr. Lacker joined the Federal Reserve Bank of Richmond in 1989 as an
economist in the banking area of the Research Department. He was named research officer in 1994, vice
president in 1996, and senior vice president and director of the Research Department in 1998.
Dr. Lacker has authored numerous articles in professional journals on monetary, financial, and payment
economics, and has presented his work at several universities and central banks. He received a B.A. from
Franklin and Marshall College and a Ph.D. in Economics from the University of Wisconsin.
Jacob “Jake” A. Lutz III
Troutman Sanders LLP
Jake Lutz is a partner at Troutman Sanders, and has been with the firm since 1990. Mr. Lutz currently chairs
the firm’s Financial Institutions Practice Group, which represents national banks, state banks, thrifts, credit
unions, securities firms, insurance companies, and related financial services providers both domestically and
internationally. His practice involves all phases of de novo bank organization, including capital formation and
structure, corporate governance, stock compensation plans, multi-jurisdictional offerings, and private
placements. He also advises regarding the purchase and sale of bank holding companies, financial institutions,
non-bank affiliates, and other financial entities.
Before joining Troutman Sanders, Mr. Lutz worked with the FDIC in its Washington D.C. and Atlanta offices for
over six years. Mr. Lutz has frequently lectured on topics related to financial institutions at legal and industry
professional education programs. He received a B.S. from Virginia Polytechnic Institute & State University and
a J.D. from the College of William and Mary.
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March 29-30, 2012
Kenneth L. Miller
Bank of America
Kenneth Miller serves as Deputy General Counsel for Bank of America. As Deputy General Counsel, Mr. Miller
services Bank of America’s Global Risk, Global Compliance, Corporate Audit, Global Technology &
Operations, Legacy Asset Servicing, Bank Regulatory Affairs, and Public Policy groups.
Prior to joining Bank of America in 2004, Mr. Miller worked as Assistant Chief Legal Counsel at the SEC within
the Division of Enforcement. He received a B.A. from Cornell University and a J.D. from Albany Law School of
Union University.
William J. Nolan
FTI Consulting
William Nolan is Senior Managing Director for FTI Consulting, where he works with senior management in
business turnarounds and corporate bankruptcies. Mr. Nolan has over 20 years of experience working with
senior management teams in financial and operational restructuring, loan workouts, and business planning.
Mr. Nolan has written and presented on key issues in the financial services industry, including publishing
articles on mortgage lending topics, and has co-authored a chapter in the Mortgage and Asset Backed
Securities Litigation Handbook published by Westlaw. Prior to joining FTI Consulting, Mr. Nolan was a partner
with PricewaterhouseCoopers. He received a B.S. from the University of Delaware and an M.B.A., Finance,
from Wharton School, University of Pennsylvania.
Edward P. O’Keefe
Bank of America Corporation
Ed O’Keefe is General Counsel for Bank of America. In his role as General Counsel, he acts as Bank of
America’s chief legal officer and adviser. Since joining the company in 2004, he has served as head of
litigation; global compliance and operational risk executive; senior privacy executive; and deputy general
counsel for staff support.
Mr. O’Keefe’s prior experience includes managing director for Deutsche Bank, attorney at Chase Manhattan,
and private practice. Mr. O’Keefe serves on the board of directors of the Charlotte-based Council for Children’s
Rights. He received a B.S. from the University of Rhode Island and a J.D. from Fordham University School of
Law.
Paul S. Pilecki
Kilpatrick Townsend & Stockton LLP
Paul Pilecki is a partner with Kilpatrick Townsend & Stockton. Mr. Pilecki concentrates his practice in the
representation of foreign and domestic banking and financial institutions on regulatory matters. Mr. Pilecki has
extensive experience in advising banking organizations on the scope and structure of new activities and
geographic expansion.
Mr. Pilecki started his professional career as a bank examiner for the Federal Reserve Bank of Philadelphia
and was a member of the Legal Division of the Federal Reserve Board in Washington. Mr. Pilecki is former
Chariman of the Banking Committee Executive Council of the Federal Bar Association, as well as a member of
the Banking Law Committee within the Secion of Business Law of the American Bar Association. He received
a B.A. from Saint Joseph’s University and a J.D. from Temple University Law School.
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March 29-30, 2012
Scott M. Polakoff
FinPro, Inc.
Scott Polakoff serves as Executive Managing Director at FinPro, Inc, where he co-leads its regulatory practice.
Mr. Polakoff joined FinPro to co-lead its regulatory practice after serving over 22 years with the Federal
Deposit Insurance Corporation (8 years as the Chicago Regional Director) and 4 years with Office of Thrift
Supervision as its Chief Operating Officer. From 2009 to 2011 he was a Principal at Booz Allen Hamilton, as a
leader in the core financial services group. His clients have included the FDIC, SEC, NCUA, and the U.S.
Treasury.
Mr. Polakoff has collaborated with top-level agency leadership at the OCC, FDIC, and Federal Reserve, has
testified multiple times before the Senate Banking Committee and the House Financial Services Committee.
He is a sought-after industry specialist on banking and capital markets. He received a B.S. from West Chester
University of Pennsylvania and is a graduate of the Southwestern Graduate School of Banking at Southern
Methodist University.
Margot Freeman Saunders
National Consumer Law Center
Margot Saunders is “of counsel” to the National Consumer Law Center. Mr. Saunders served as Managing
Attorney of the Center’s Washington office from 1991 to 2005. She has testified before Congress multiple
times regarding a wide array of consumer law matters, including predatory lending, payments law, electronic
commerce, and other financial credit issues.
Ms. Saunders is a co-author of National Consumer Law Center’s Consumer Banking and Payments Law, and
a contributor to numerous other manuals. She currently serves as an expert witness in consumer credit cases,
providing opinions on predatory lending, electronic benefits, servicing, and credit math issues. Prior to joining
the National Consumer Law Center, Ms. Saunders was the consumer specialist for North Carolina Legal
Services. She received a B.A. from Brandeis University and a J.D. from the University of North Carolina School
of Law.
Edwin E. Smith
Bingham McCutchen LLP
Ed Smith is a partner in the New York City and Boston offices of Bingham McCutchen LLP, where he co-chairs
the firm’s Financial Services Area. Since joining the firm in 1974, Mr. Smith has focused his practice in general
corporate and commerical law, debt financings, structured financings, workouts, bankruptcies, and
international transactions.
Mr. Smith is a member of the teaching faculty at the Morin Center for Banking Law Studies at Boston
University Law School, where he has taught secured transactions, and teaches transnational lending and trade
finance. Mr. Smith has also served on Drafting Committees for recent amendments to the Uniform Commercial
Code, Uniform Certificate of Title Act, Uniform Assignment of Rents Act, and as chair of the Joint Review
Committee that drafted the 2010 amendments to Article 9 of the Uniform Commercial Code. He received a
B.A. from Yale University and a J.D. from Harvard Law School.
Joseph A. Smith, Jr.
Poyner Spruill LLP
Joe Smith is Of Counsel to Poyner Spruill after serving as the North Carolina Commissioner of Banks for
nearly ten years. He will concentrate his practice in the banking and financial services area. Mr. Smith has
been appointed the Monitor of a settlement between the United States, forty-nine states, and five major
financial institutions regarding the settlement and foreclosure activities of the institutions.
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March 29-30, 2012
As North Carolina Commissioner of Banks, Smith led an agency charged with the supervision of banks and
thrift institutions, the licensing and regulation of over 500 firms and approximately 5,500 individuals engaged in
mortgage banking and brokerage, and the regulation of a variety of consumer finance enterprises. During his
tenure as Commissioner of Banks, he also served as Chairman of the Conference of State Bank Supervisors
and was a founding member of the Board of Managers of State Regulatory Registry, L.L.C., a limited liability
company established to implement a nationwide mortgage licensing system.
Before being appointed Commissioner of Banks, Mr. Smith practiced corporate, securities, and banking law in
New York, Connecticut, and North Carolina for twenty-seven years, including nine years as general counsel
and secretary of Centura Banks and four years as a partner with Poyner Spruill. He earned a B.A. from
Davidson College and a J.D. from the University of Virginia.
Karol M. Sparks
Barack Ferrazzano Kirschbaum & Nagelberg LLP
Karol Sparks is a partner in Barack Ferrazzano’s financial institutions group. Her practice focuses on the
corporate activities and regulatory issues of financial institutions, on which she has counseled banks for over
30 years. Ms. Sparks specializes in the distribution of nontraditional bank products, including annuities,
insurance, mutual funds, prepaid cards, and other deposit account access devices, and the multitude of
compliance issues relevant to those products.
Ms. Sparks is a past chair of the Banking Law Committee of the Business Law Section of the American Bar
Association, and has been an active member of the committee since 1985. She is currently Vice Chair of the
Publications Board of the Business Law Section for a term that will end in August 2012. Ms. Sparks is the
author of Insurance Activities for Banks, and a frequent lecturer on issues relating to the regulation of financial
institutions. She received a B.A. from Butler University and a J.D. from the Indiana University School of Law.
Ashley L. Taylor, Jr.
Troutman Sanders LLP
Ashley Taylor is a partner at Troutman Sanders, where he leads the Regulatory Compliance and Government
Litigation practice group. Mr. Taylor has focused on representing companies in investigations initiated by State
Attorneys General and other governmental agencies, as well as business-related litigation and administrative
law matters. Currently, his focus has been on defense of a mortgage corporation against approximately thirtyfive state enforcement actions and investigations alleging origination and servicing violations.
Mr. Taylor served as Commissioner on the United State Commission on Civil rights from 2006 to 2010. He has
had several publications and speaking engagements on topics such as state regulation, State Attorney
General investigations, and the newly-created CFPB. He was also a Deputy Virginia Attorney General from
1998 to 2001. He received a B.A. from the Virginia Military Institute and a J.D. from Washington and Lee
University.
Daniel R. Waldman
Arnold & Porter, LLP
Daniel Waldman is a partner in the law firm of Arnold & Porter, heading its derivatives practice group. Mr.
Waldman is also a member of the securities enforcement and litigation, and antitrust groups. Mr. Waldman
regularly represents clients in investigations by the SEC and the CFTC. He also represents exchanges,
brokers, investment funds, and other market participants in regulatory matters before the CFTC, and with
respect to derivatives legislation before Congress.
Mr. Waldman served as General Counsel for the CFTC from 1996 to 1999, where he managed litigation,
advised the Commission on regulatory and adjudicatory issues, and represented the CFTC staff on the
President’s Working Group on Financial Markets. He received a B.A. from Harvard University and a J.D. from
Columbia Law School.
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March 29-30, 2012