SEC Staff Issues Statement on Preparing for Impending LIBOR Transition

On July 12, 2019, the U.S. Securities and Exchange Commission (SEC) joined the call to prepare for the transition away from LIBOR.  The staff of several Divisions of the SEC (the Divisions of Corporation Finance (DCF), Investment Management (DIM), and Trading and Markets (DTM)) and its Office of the Chief Accountant (OCA) issued a public statement regarding the impending transition away from using LIBOR as a benchmark and reference rate for commercial and financial contracts. Warning of the potential risks associated with the transition and the failure to prepare in advance, the SEC ...

Parting the Waters of Uncertainty for Private Flood Insurance

By Elena F. Mitchell, Barbara S. Meeks, and Neil T. Bloomfield*

A final interagency rule taking effect on July 1, 2019, provides federally regulated lending institutions with eagerly awaited guidance concerning private flood insurance for improved properties located in special flood hazard areas. Pursuant to the final rule, the OCC, Federal Reserve, FDIC, Farm Credit Administration and National Credit Union Administration seek to increase availability and use of private flood insurance coverage by instructing regulated lending institutions to accept certain private ...

“At the Next Critical Stage in the Transition Away from LIBOR” – Federal Reserve Vice Chair Urges Companies, Financial Institutions to Begin Shift from LIBOR to Secured Overnight Financing Rate (SOFR)

 Noting that we are at “the start of the next critical stage in the transition away from LIBOR,” Federal Reserve Vice Chair for Supervision Randal K. Quarles delivered taped remarks at the June 3, 2019 Alternative Reference Rates Committee Roundtable, cohosted by the Alternative Reference Rates Committee and the New York University Stern School of Business and Salomon Center for the Study of Financial Institutions. Vice Chair Quarles reiterated warnings from regulators regarding the potential instability of LIBOR and stated that “[m]y key message to you today is that you ...

The Time Is Now to Prepare for Congressional Inquiries from a Democrat-Led House

The article titled “The Time Is Now to Prepare for Congressional Inquiries from a Democrat-Led House,” written by Charlotte Members Neil Bloomfield and Edward O’Keefe, and Associate Elena Mitchell, was published and first appeared in the March 4, 2019 edition of Westlaw Journal Bank & Lender Liability.

The Article

At the start of a new year, we tend to make promises to ourselves. We often promise to address issues head-on — to be proactive[1] instead of reactive. While most New Year’s resolutions are quickly forgotten, we urge those involved with highly regulated ...

Bank Capital Plans and Stress Test Results Due April 5, 2019, CFTC Foreign Corrupt Practices Advisory on Self-Reporting/Cooperation

As government authorities around the world create a constantly evolving regulatory environment, conduct overlapping investigations, and bring parallel proceedings, companies are facing perhaps the most challenging regulatory and criminal enforcement environment. Our goal is to serve as a leading-edge resource for companies navigating these waters. Moore & Van Allen’s WCIRA News Clips is a complement to our White Collar Defense, Investigations, and Regulatory Advice Blog’s in-depth individual treatment of critical emerging issues. WCIRA News Clips hits the ...

2019 SIFMA C&L Annual Seminar

Moore & Van Allen is pleased to be a Gold sponsor at the 2019 SIFMA C&L Annual Seminar. Charlotte Litigation Members Edward O'Keefe and Valecia M. McDowell have been invited to serve as panelists for this year’s seminar. O’Keefe will contribute to the Tuesday, March 26, 2019 afternoon panel entitled “Intersection of Banking and Wealth Management” and McDowell will join the discussion for the Wednesday, March 27, 2019 morning panel entitled “What is Conduct Risk Data and How do you use it?” 

SIFMA’s C&L Annual Seminar is the premier event for compliance and legal ...

Mecklenburg County Bar’s 18th Banking and Finance Forum on Friday, November 9, 2018

Charlotte Associate Brian Soja, a member of MVA’s Financial Regulatory Advice and Response and White Collar, Regulatory Defense, and Investigations practice groups, served as a panelist at Mecklenburg County Bar’s 18th Banking and Finance Forum on November 9.  Soja participated in the Forum’s Regulatory Highlights panel along with Phil Wertz of Bank of America, John Stoker of Wells Fargo, Grant Harbrecht of Fifth Third, and Scott Cammarn of Cadwalader Wickersham & Taft.  During the panel, which focused on significant regulatory developments over the past year, Soja ...

TCH/BPI 2018 Annual Conference

2018 ANNUAL CONFERENCE (Nov. 2018): We are proud to once again be a sponsoring partner for The Clearing House + Bank Policy Institute Annual Conference, which will take place in New York on November 26–28, 2018.  The Annual Conference provides a forum for the industry’s leaders to examine the changing dynamics of the bank regulatory and payments landscape.  Keynote speakers for this year’s conference include Jelena McWilliams, Chair of the FDIC, Antony Phillipson, British Consul General in New York and HM Trade Commissioner for North America, Richard Clarida, Vice Chairman of ...

When Someone Shows You Who They Are, Believe Them the First Time:* What a Blue Wave in the House Likely Means for Financial Institutions

By: Edward P. O’Keefe, Neil T. Bloomfield, and Elena F. Mitchell. Elections have consequences and the recent midterm elections are no exception.  Having won the House majority, Democrats are expected to proceed with an ambitious agenda in January 2019.  Much of the focus has been on how the Democrats will use their control to scrutinize the Trump Administration, but lessons from the last time the Democrats controlled the House suggest there are also likely to be significant implications for the financial services industry in terms of proposed legislation and investigations.

SEC Issues Disclosure Guidance as Part of Continued Focus on Cybersecurity

As cybersecurity attacks have continued to gain prominence as a threat posing critical risk management and compliance challenges for financial institutions, the Securities and Exchange Commission (SEC) has emerged as an active federal regulator in this arena. In September 2017, the SEC announced creation of a Cyber Unit housed within the SEC’s Enforcement Division that targets cyber-related misconduct, including hacking to obtain material nonpublic information, intrusions into retail brokerage accounts, and cyber-related threats to trading platforms and other ...

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As government authorities around the world conduct overlapping investigations and bring parallel proceedings in evolving regulatory environments, companies face challenging regulatory and criminal enforcement dynamics. We help keep our clients up to date in these fast-moving areas and to serve as a thought leader.

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