School of Law
The University of North Carolina at Chapel Hill
THE
2007
BANKING
INSTITUTE
MARCH
29 & 30
BALLANTYNE RESORT
CHARLOTTE,NC
Register Online!
Sponsored by the UNC School of Law
Center for Banking and Finance
Program Highlights Include:
• Presentations by:
Commissioner Paul S. Atkins
U.S. Securities and Exchange Commission
Timothy J. Mayopoulos
Executive Vice President and General Counsel,
Bank of America
Donald E. Powell
Federal Coordinator for Gulf Coast Rebuilding
and former Chairman of the Federal Deposit
Insurance Corporation
• 8.5 hours of CLE credit
About
the 2007
Banking Institute
The University of North Carolina School of Law’s Center for Banking and
Finance is proud to sponsor the 2007 Banking Institute, a continuing legal
education program that focuses on important issues for bankers and their
lawyers.
The Banking Institute is designed to provide the highest quality continuing
education on cutting-edge issues related to banking law. The two-day
program is the result of extensive planning by the Center’s Board of
Advisors, a distinguished group of banking law professionals from leading
banks and law firms, and reflects the Board’s commitment to provide one
of the best banking CLEs in the country. This year, break-out sessions will
be held on Friday morning and participants may attend a panel on hedge
fund activities and regulation or elect to attend panels on commercial real
estate lending and trust preferred securities.
The 2007 Banking Institute is the eleventh annual Banking Institute
sponsored by the UNC School of Law. This year the program will be held
at the Ballantyne Resort on the south side of Charlotte, just eighteen miles
from the Charlotte-Douglas International Airport. The resort holds the AAA
Four Diamond Award, has a 5-star golf course, a spa, and tennis facilities.
Attendees will have an opportunity to interact with bank counsel, private
practitioners, regulators, students and nationally recognized speakers in
the industry. Participants will receive the North Carolina Banking Institute
journal, a collection of conference manuscripts as well as notes and
comments on banking issues. The journal is an invaluable reference for indepth treatment on recent developments of interest to banking lawyers.
About
the Center for
Banking and Finance
The Center for Banking and Finance was established at the UNC School of
Law on July 1, 2000. The Center was created to recognize and further the
important role of banking and finance to the economy of North Carolina
as well as the leadership role played by North Carolina-based financial
institutions in the continuing evolution of the financial services industry.
The Center studies the legal and policy issues related to banking and
finance, advances the teaching of these important areas through the
development of new teaching materials and a “Practitioners in Residence”
program, and sponsors conferences for industry professionals.
The Center is directed by Professor Lissa Broome and guided by the
Board of Advisors whose names you see on the adjoining pages. For
more information, please contact Lissa Broome, (919) 962-7066 or
lbroome@email.unc.edu.
Center for Banking and Finance
Board of Advisors 2006-07
Steering Committee
David Line Batty
Kennedy Covington Lobdell & Hickman, LLP,
Charlotte
Lissa L. Broome
UNC School of Law, Chapel Hill
Anthony Gaeta, Jr.
Gaeta & Eveson, PA, Raleigh
Gerald P. Hurst
RBC Centura Bank, Raleigh
James R. Bryant III
Dechert LLP, Charlotte
Timothy J. Mayopoulos
Bank of America Corporation, Charlotte
Marion A. Cowell, Jr.
Kilpatrick Stockton LLP, Charlotte
M. Patricia Oliver
BB&T Corporation, Winston-Salem
John L. Douglas
Alston & Bird LLP, Atlanta
Please join us
March 29-30 at the
Ballantyne Resort
in Charlotte for the
2007 Banking Institute.
J. Thomas Dunn, Jr.
Moore & Van Allen, PLLC, Charlotte
Mark C. Treanor
Wachovia Corporation, Charlotte
A. Patrick Doyle
Arnold & Porter LLP, Washington, D.C.
Beth Whitehead
First Horizon National Corporation, Memphis
North Carolina Banking Institute
Editor-in Chief
Jordan M. Kirby
Executive Board
Camden C. Betz
April B. Chang
Henry M. Jay
Kimberly J. Tacy
Editors
Russell J. Andrew
Carolyn Marie Gillikin
Sean C. Honeywill
Penelope N. Lazarou
Priscilla L. Walton
Staff Members
John T. Albers
Landon S. Eustache
Jeremy D. Franklin
Kelsey E. Graf
Scott A. Hefner
E. Lang Hunter
Rick Jackson
Amol Jain
Brian Koontz
Joel W. Mann
Benjamin A. McCall
Daniel L. McCullough
Stuart M. Rigot
Jeremy S. Shrader
Susan A. Williams
Kristina M. Willingham
Agenda
Thursday, March 29
10:30 - 11:30 a.m.
Registration
11:30 a.m. - 12:30 p.m.
Patents in the Financial Services Field
This panel will discuss the basics of patents in the financial services field (including
defining “business method patent”), the opportunities and threats presented by
such patents, trends associated with such patents, recent developments and
relevant case law, predictions for the future of such patents, and practical tips on
addressing the issues now.
Alfred P. Carlton, Jr. *
Kilpatrick Stockton LLP, Raleigh, N.C.
Steven Gardner
Kilpatrick Stockton LLP, Winston-Salem, N.C.
Dan Soto
RBC Centura Banks, Inc., Raleigh, N.C.
Michael A. Springs
Bank of America Corporation, Charlotte, N.C.
12:30 - 1:00 p.m.
Lunch
1:00 - 1:45 p.m.
Timothy J. Mayopoulos
Executive Vice President and General Counsel, Bank of America Corporation
Mayopoulos is responsible for providing legal
representation to the corporation and its subsidiaries.
He is a member of the corporation’s Finance
Committee and the Management Operating
Committee. The Legal Department, Corporate
Secretary, Shareholder Relations, Investment
Administration, and Enterprise Operational Risk
Management functions report to him. Prior to joining
Bank of America, Mayopoulos held positions at Deutsche Bank AG’s Corporate and
Investment Bank, Americas; Credit Suisse First Boston; Donaldson, Lufkin & Jenrette,
Inc.; Davis Polk & Wardwell; the Whitewater Independent Counsel investigation; and
as a law clerk for the U.S. District Court of the Southern District of New York.
1:45 - 2:00 p.m.
Break
2:00 - 3:00 p.m.
Developments in Corporate Governance:
Special Issues for Financial Services Companies
This panel will highlight various post-SOX governance issues facing the
financial services industry, discuss emerging best practices, and explore
practical ways to meet applicable governance standards.
Frank (Rusty) M. Conner III
Alston & Bird LLP, Washington, D.C.
Earl (Jack) E. Jackson III
McColl Financial Institutions Group, Charlotte, N.C.
M. Patricia Oliver *
BB&T Corporation, Winston-Salem, N.C.
John G. Siemann
Georgeson Inc., New York, N.Y.
3:00 - 3:15 p.m.
3:15 - 4:30 p.m.
The SEC: The Newest Federal Bank Regulator
Banking organizations that are active in the securities and capital markets
must come to terms with the priorities and activities of their newest
regulator, the Securities and Exchange Commission, in addition to those of
their historical federal and state bank regulatory agencies. This panel of
federal banking and securities regulators, and bank counsel, will discuss
recent regulatory initiatives affecting financial institutions’ securities
activities, including the SEC’s and the Federal Reserve Board’s newest
proposal to regulate bank securities brokerage activities, the banking
agencies’ and SEC interagency statement on financial institutions’ complex
structured finance activities, and other securities regulatory developments
affecting banking institutions.
Patrick S. Antrim
Bank of America Corporation, Charlotte, N.C.
Ellen Broadman
Office of the Comptroller of the Currency, Washington, D.C.
Charles M. Horn *
Mayer, Brown, Rowe & Maw, LLP, Washington, D.C.
Linda Stamp Sundberg
Securities and Exchange Commission, Washington, D.C.
4:30 - 4:45 p.m.
* These individuals served as coordinators of their panel. The Banking Institute
appreciates their contribution to the success of this program.
Break
Break
Agenda
Thursday, March 29
4:45 - 6:00 p.m.
Banking the Unbanked:
A Report from the Front Lines
Many families still lack traditional bank accounts. How are these families
currently receiving financial services? What are the potential market
opportunities for financial service companies, including traditional
depository institutions and alternative service providers? Hear the latest
from regulators, bankers, alternative service providers, and consumer
representatives.
Vincent C. Andracchio II
Guardian Holdings, Inc., Rocky Mount, N.C.
Christopher Kukla
Center for Responsible Lending, Durham, N.C.
David Flores
Nuestro Banco (Proposed), Garner, N.C.
Joseph A. Smith *
North Carolina Commissioner of Banks, Raleigh, N.C.
Paul H. Stock
North Carolina Bankers Association, Raleigh, N.C.
6:00 - 7:00 p.m.
Reception
7:00 - 7:45 p.m.
Dinner
7:45 - 8:30 p.m.
Donald E. Powell
Federal Coordinator for Gulf Coast Rebuilding
Powell was named by President Bush as the
Federal Coordinator of Gulf Coast Rebuilding on
November 1, 2005. His mission is to coordinate
the long-term rebuilding efforts for the region
in the aftermath of Hurricanes Katrina, Rita and
Wilma, to aid state and local leaders in reaching
consensus on their plans and visions for the
region, and to offer support as those rebuilding
efforts are being implemented. Powell is no
stranger to banking, having served as Chairman of the Federal Deposit
Insurance Corporation from 2001 to November 2005, and President and CEO
of The First National Bank of Amarillo prior to his FDIC appointment.
Brochure printing courtesy of
RR Donnelley Financial
Agenda
Friday, March 30
7:30 - 8:30 a.m.
Continental Breakfast
8:30 - 9:15 a.m.
Paul S. Atkins
Commissioner, Securities and Exchange Commission
Commissioner Atkins was appointed a
commissioner of the SEC on July 29, 2002
Commissioner Atkins began his career as a
corporate lawyer in New York City and also
served on the staff of two former chairmen of
the SEC, Richard C. Breeden and Arthur Levitt.
In those roles he worked to improve regulations
regarding corporate governance, enhance
shareholder communications, strengthen management accountability
through proxy reform, and decrease capital market entry barriers for small
business and middle market companies. He also organized the SEC’s
individual investor program, including the SEC consumer affairs advisory
committee, and investor education efforts. Before his appointment as
commissioner, he assisted the court-appointed bankruptcy trustee of Bennett
Funding Group, Inc., a $1 billion leasing company that perpetrated the largest
“Ponzi” fraud in U.S. history, by serving as the crisis president of Bennett’s
sole surviving subsidiary, where he was able to improve share value for the
remaining investors by almost 2000%.
9:15 - 9:30 a.m.
Break
9:30 - 10:15 a.m.
Breakout Sessions
Participants may select one of two offerings
during this segment and the next segment of the
program.
Panel 1: Commercial Real Estate Guidance:
Survival Strategies for Community Banks
How will community banks adapt to the constraints imposed by the new
guidance on commercial real estate lending? Where will community banks
find alternative sources of income and markets? Will the enforcement be as
enlightened as promised by the agencies? This panel will explore these
questions as the agencies implement the new guidance.
Thomas C. Gilliland
United Community Banks, Inc., Blairsville, Ga.
H. Gary Pannell *
Miller, Hamilton, Snider & Odom, LLC, Atlanta, Ga.
Peter D. Hirsch
Federal Deposit Insurance Corporation, Atlanta, Ga.
Mark J. Tenhundfeld
American Bankers Association, Washington, D.C.
Agenda
Friday, March 30
Board of Advisors 2006-2007
Panel 2: Hedge Fund Activities and Regulation
This panel will discuss the businesses in which hedge funds engage, how they
interact with banks and banks’ affiliates, the statutory exemptions under which
hedge funds operate, and the laws to which they are subject. The panel will also
consider recent regulatory developments.
Steven D. Lofchie *
Cadwalader, Wickersham & Taft, New York, N.Y.
Harry Jho
Banc of America Securities, LLC, New York, N.Y.
Jonathan (Jake) A. Jacoby
Banc of America Securities, LLC, New York, N.Y.
10:15 - 11:00 a.m.
Breakout Sessions
Panel 1: Trust Preferred Securities
This panel will address issues pertaining to bank holding company trust
preferred securities, including the Federal Reserve Board’s qualitative and
quantitative limitations for inclusion of such securities in tier 1 capital and
the related transition period expiring March 31, 2009, considerations to be
weighed in the decision to refinance outstanding trust preferred securities, and
other recent developments.
Todd H. Eveson *
Gaeta & Eveson, PA, Raleigh, N.C.
John F. Schramm
Howe Barnes Hoefer & Arnett, Inc., Raleigh, N.C.
Mark E. Van Der Weide
Federal Reserve Board, Washington, D.C.
Panel 2: Hedge Funds Activities and Regulation
(continued from prior session)
11:00 - 11:15 a.m.
Break
11:15 a.m. - 12:15 p.m.
Watters v. Wachovia: The Supreme Court
Revisits Federal Preemption
The application of the doctrine of federal preemption to national bank operating
subsidiaries has resulted in one of the most highly anticipated and broadly
significant Supreme Court bank cases in recent memory. Two of the opposing
advocates discuss the case and what it is likely to mean for the future of the dual
banking system and state regulation of financial services.
Eugene M. Katz *
Wachovia Corporation, Charlotte, N.C.
Robert A. Long
Covington & Burling LLP, Washington, D.C.
Arthur E. Wilmarth, Jr.
George Washington University Law School, Washington, D.C.
12:15 - 2:30 p.m.
Board of Advisors Luncheon Meeting
George D. Beischer
Beischer, Boles & Beischer, PA, Durham
Harry A. Johnson, III
First Horizon National Corporation, Memphis
John Charles (Jack) Boger
UNC School of Law, Chapel Hill
David E. Johnston
Poyner & Spruill LLP, Charlotte
Wood Britton
The Orr Group, Winston-Salem
Kenneth C. Johnston
Kane Russell Coleman & Logan PC, Dallas
Michael D. Calhoun
Center for Responsible Lending, Durham
Eugene M. Katz
Wachovia Corporation, Charlotte
Alfred P. Carlton, Jr.
Kilpatrick Stockton LLP, Raleigh
Satish M. Kini
Goodwin Procter LLP, Washington, D.C.
James P. Carroll
Cadwalader, Wickersham & Taft LLP, Charlotte
Jordan M. Kirby
UNC School of Law, Chapel Hill
Donald F. Clifford, Jr.
UNC School of Law, Chapel Hill
Donald C. Lampe
Womble Carlyle Sandridge & Rice, PLLC, Charlotte
H. Rodgin Cohen
Sullivan & Cromwell, New York
William R. Lathan, Jr.
Ward and Smith, PA, New Bern
V. Gerard Comizio
Thacher Proffitt & Wood LLP, Washington, D.C.
Jerry W. Markham
Florida International University College of Law, Miami
Robert A. Connolly
Kenan-Flagler Business School, Chapel Hill
Mary S. Murray
UNC School of Law, Chapel Hill
Alexander M. Donaldson
Wyrick Robbins Yates & Ponton LLP, Raleigh
Michael Nedzbala
Hunton & Williams, Charlotte
David P. Downs
Ryan Beck & Co., Inc., Livingston, NJ
F. Donald Nelms, Jr.
Powell Goldstein LLP, Atlanta
Gary W. Farris
Burr & Forman LLP, Atlanta
H. Gary Pannell
Miller, Hamilton, Snider & Odom, LLC, Atlanta
Adam Feibelman
UNC School of Law, Chapel Hill
Stephen D. Poe
Bell, Davis & Pitt, PA, Winston-Salem
Raymond D. Fortin
SunTrust Banks, Inc., Atlanta
Paul J. Polking
Bank of America Corporation (retired), Charlotte
Leonard H. Gilbert
Holland & Knight LLP, Tampa
Francis C. Pray, Jr.
Nelson Mullins Riley & Scarborough, LLP, Charlotte
Richard L. Gray
United Guaranty Corporation, Greensboro
Henry H. Ralston
Robinson, Bradshaw & Hinson, PA, Charlotte
Timothy W. Griffin
Poyner & Spruill LLP, Charlotte
Ronald D. Raxter
Williams, Mullen, Clark and Dobbins, PC, Raleigh
Thomas L. Hazen
UNC School of Law, Chapel Hill
Joe Reid, III
Capitol Bancorp, Ltd., Lansing, MI
J. Richard Hazlett
Helms Mullis & Wicker, PLLC, Charlotte
Albert M. Salem, Jr.
First Commercial Bank of Tampa Bay, Tampa, FL
Jerone C. Herring
BB&T Corporation (retired), Winston-Salem
Margot F. Saunders
National Consumer Law Center, Washington, D.C.
Frank A. Hirsch, Jr.
Nelson Mullins Riley & Scarborough, LLP, Raleigh
Paul H. Stock
North Carolina Bankers Association, Raleigh
Jewell D. Hoover
Hoover and Associates, LLC, Charlotte
Jabari M. Vaughn
Boston, MA
Charles M. Horn
Mayer Brown Rowe & Maw LLP, Washington, D.C.
Paul S. Ware
Bradley Arant Rose & White LLP, Birmingham
Phillip D. Huber
McKinnon & Company, Inc., Durham
Edward C. Winslow III
Brooks, Pierce, McLendon, Humphrey & Leonard, LLP,
Greensboro
Earl E. (Jack) Jackson, III
McColl Financial Institutions Group, Charlotte
William E. Jackson, III
Federal Reserve Bank of Atlanta, Atlanta
Henry M. Jay
UNC School of Law, Charlotte
John L. Jernigan
Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan,
LLP, Raleigh
W. Samuel Woodard
Parker, Poe, Adams & Bernstein LLP, Charlotte
Stephen A. Yoder
Balch & Bingham LLP, Birmingham
Kimberly Easter Zirkle
Moore & Van Allen, PLLC, Charlotte
* These individuals served as coordinators of their panel. The Banking Institute
recognizes and appreciates their contribution to the success of this program.
General Information
Registration
Save Time and Register Online:
Have a MasterCard of VISA ready, and go to
www.law.unc.edu/cle to start the registration
process. You may also fill out and detach the
registration form included in this brochure and return
it to the School of Law. If paying by check, please make
the check payable to “UNC School of Law.”
Continuing Legal Education Credit
A maximum of 8.5 hours of CLE credit has been applied for with the North
Carolina State Board of Continuing Legal Education for all North Carolina
participants. CLE credit will not be awarded for the speeches given by Mr.
Mayopoulos and Mr. Powell. Out-of-state participants should note on their
registration form if they would like to receive CLE credit. The School of Law
will be happy to verify attendance or notify other state bars if requested.
Ballantyne Resort - Charlotte, NC
and Room Reservations
Program Costs
Early Registration Late Registration
Postmarked by
Postmarked after
March 19, 2007
March 19, 2007
Registration Fee*
$ 395
$ 420
Dinner on
March 29**
$ 55
$ 55
* The registration fee includes Thursday’s lunch, reception, a continental breakfast Friday
morning and a copy of the North Carolina Banking Institute Journal.
** Thursday’s dinner is ticketed separately and the charge is $55. You are welcome to bring
a guest to Thursday’s reception and dinner. The guest registration fee is also $55.
Registrations will be accepted at the door on a space-available basis.
To check space availability; call (919) 962-1679 before March 26.
Cancellations
Cancellations received on or before March 19 will be honored and fees
refunded, less a $35 processing fee. Cancellations made after March 19
may be subject to additional fees. In fairness to all attendees, confirmed
participants who do not attend the program are liable for the entire fee
unless other arrangements have been made with the director of CLE.
The conference will be held at the Ballantyne Resort, 10000 Ballantyne
Commons Parkway, Charlotte, NC. Blocks of rooms have been reserved
for your convenience. The rate is $229.00 plus 13.5% tax. The last day
to reserve a room is March 15, 2007. For reservations call toll-free
(866) 248-4824 or (704) 248-4000 and mention UNC School of Law
when making reservations. The Ballantyne Resort is on the south side of
Charlotte, just eighteen miles from the Charlotte-Douglas International
Airport. The resort holds the AAA Four Diamond Award, has a 5-star golf
course, a spa, and tennis facilities.
The North Carolina Banking Institute Journal
Your registration entitles you to one copy of the North Carolina Banking
Institute Journal. You may request additional copies of the Journal from
ncbank@unc.edu. The Journal will be published in March 2007 and will
include articles by many of the speakers at the 2007 Banking Institute.
The Journal also contains notes and comments on cutting edge issues of
banking law prepared by UNC School of Law students.
Questions?
If you have any questions, contact Jacqueline Carlock, director of
Continuing Legal Education, at (919) 962-1679 or jcarlock@email.unc.edu.
For more information about CLE programs,
Contact Carolina Law:
By Phone:
Call the CLE Office at
(919) 962-1679
9:00 a.m. - 5:00 p.m.,
Monday-Friday
By Fax:
(919) 843-7779
open 24 hours a day!
Online:
jcarlock@email.unc.edu
www.law.unc.edu/cle
Remember, online registration is available at
www.law.unc.edu/cle
No printing, no mailing, no postage!
Immediate confirmation. What could be easier?
Yes, please register me for the 2007 Banking Institute:
Registration Information
Please print the following information:
❑ Mr. ❑ Ms. ❑ Mrs. ❑ Dr. ❑ Judge
Name:
Firm/Company:
Address:
City, State:
Zip:
Daytime Phone:
Fax:
E-mail address:
Name as you would like it to appear on nametag:
❑ I am a graduate of the UNC School of Law.
❑ I am not a graduate of the UNC School of Law.
❑ I would like to receive CLE credit in North Carolina.
❑ I would like to receive CLE Credit in the state of:
My N.C. Bar number is:
My Bar Number* is:
*Attendance is reported to the state you request; however, out-of-state fees are the responsibility of the attendee.
Payment Information
Please indicate which Breakout Sessions you are most likely to attend
on Friday, March 30:
Program Fee
Postmarked on or before March 19, 2007
OR
Postmarked after March 19, 2007
$395.00
420.00
Dinner on Thursday, March 29 (separate ticket required)
Guest for Reception and Dinner on Thursday, March 29
Name of Guest for Nametag:
55.00
55.00
Total Enclosed
$
9:30 - 10:15 a.m. ❑ Panel 1: Commercial Real Estate Guidance:
Survival Strategies for Community Banks
or
❑ Panel 2: Hedge Fund Activities and Regulation
10:15 - 11:00 a.m. ❑ Panel 1: Trust Preferred Securities
or
❑ Panel 2: Hedge Funds Activities and Regulation
(continued from prior session)
To Pay by Check: Please send your registration form and a check made payable to “UNC School of Law” (please, no staples) to:
Jacqueline Carlock, CLE Office, UNC School of Law, CB #3380, Chapel Hill, NC 27599-3380, Attn: Banking Registration.
To Pay by Credit Card: Please provide us with the following information: ❑ MasterCard
Number :
❑ VISA
Exp. Date:
Signature:
You May Register:
Online
Now register online at
www.law.unc.edu/cl
By Fax
With a credit card number
(919) 843-7779
VISA and MasterCard only
By Mail
Return the registration form to:
Office of CLE, UNC School of Law, CB # 3380
Chapel Hill, NC 27599-3380, ATTN: Banking Registration
VAN HECKE-WETTACH HALL
CHAPEL HILL, NC 27599-3380
CAROLINA
HILL
Register
O nline!
CHARLOTTE, NC
MARCH
29 & 30
INSTITUTE
BANKING
2007
THE
CAMPUS BOX 3380
THE UNIVERSITY
of NORTH
at CHAPEL
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