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2017 Spring Symposium: Banking Law: Current and Future Issues

Published onMar 01, 2017
2017 Spring Symposium: Banking Law: Current and Future Issues

The Wake Forest Journal of Business and Intellectual Property Law present its Spring Symposium:

Banking Law: Current and Future Issues

The Symposium was held on Friday, February 10, 2017 from 8:30 am – 4:30 pm at the Wake Forest University School of Law.


8:45 am – 9:00 am: Opening Remarks/Welcome

9:00 am – 10:15 am: Cyber Security

-          Thomas Bentz – Partner, Holland & Knight LLP

-          Chris Swecker – Attorney Chris Swecker Attorney at Law

-          Elizabeth Johnson – Attorney, Wyrick Robbins Yates & Ponton LLP

10:25 am – 11:40 am: FinTech

-          Lawrence Baxter – Professor, Duke Law School (Moderator)

-          John Douglas – Partner, Davis, Polk, & Wardwell LLP

-          Doug Speight – CEO & President, Cathedral Leasing

-          Erin Fonte – Member, Dykema Cox Smith

-          Lee Reiners – Director of Global Financial Markets at Duke University

11:50 am – 1:05 pm: Life of an In-House Counsel

-          Todd Stillerman – Assistant General Counsel & Director, Bank of America

-          Knut Nodeland – Bank of America Legal Department

-          Derrick M. Tharpe – Vice President and Senior Counsel, Wells Fargo Law Department

1:15 pm – 2:30 pm: Community Banking

-          Arthur Wilmarth – Professor, George Washington University Law School

-          Todd Eveson – Attorney, Wyrick Robbins Yates & Ponton LLP

-          Patricia Oliver – Partner, Tucker Ellis LLP; former General Counsel at BB&T

-          Katie Bosken – Deputy Commissioner of Banks for Legal Affairs in the North Carolina Office of the Commissioner of Banks (Moderator)

2:40 pm – 3:55 pm: Consumer Protection

-          Don Lampe – Partner, Morrison & Foerster LLP

-          Carlene McNulty – Litigation Director of North Carolina Justice Center

3:55 pm – 4:00 pm: Closing Remarks

Panel Descriptions

Cyber Security:

The panel will focus on what constitutes cyber security, a cyber incident, and breach. The panel will then discuss the legal issues that arise once a breach has been detected, like the notification requirements. Further, the panel will examine insurance both why it is needed and its pitfalls. Finally, the panelists will address law enforcements role when a breach is detected.


The panel will focus on FinTech companies in the banking industry and how technology has become a key part of the industry. The panel will then address compliance issues, specifically using technology in regulatory compliance and risk management, and public policy issues regarding the use of technology. The panel will discuss the legal implications with FinTech companies; these companies’ legal requirements and how the relationship between banks and FinTech companies are governed. The panel then examines future legal issues that may arise, like contract regulation. Finally, the panel will discuss rules for FinTech startups and how the rules may develop.

Life of an In-House Counsel:

This panel will discuss their experience as in-house counsel. Focusing on the issues that arise when working as in-house counsel. Also, the panel will discuss the impact of regulations on the life on an in-house bank lawyer.

Regulatory Impact on Community Banks:

This panel will discuss the community banking model and whether it is still viable with the compliance requirements and what is needed to ensure it survival. The panel will also examine community banking and the FDIC; specifically why the FDIC board needs members who are pro-community banking and, if that were to occur, its impacts. The panel will then address succession planning in community banks and consolidation of community banks.

Consumer Protection:

This panel will discuss the Consumer Financial Protection Bureau; specifically where the CFPB has succeeded, the challenges it has faced and may face in the future, and general information about the rulemaking function of the CFPB. The panel will also discuss litigation regarding consumer protection and predatory lending. Additionally, the panel will address state efforts before the financial crisis, the importance of state involvement in consumer protection, and preemption issues.

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