THURSDAY, APRIL 6
Registration and Breakfast Buffet
General Session and Opening Remarks
Raymond (Rusty) Rust, II, Program Chairman, Legal Conference
Commercial Bank of Texas, N.A., Nacogdoches
TRID (Are we doing it right?)
Sean McNaboe, Treliant Risk Advisors, Washington, DC
A discussion about disclosure in accordance with the Know Before You Owe (KBYO), or TRID, mortgage disclosure rule. Emphasis will be placed on best practices as well as potential pitfalls in a world of regulatory uncertainty, with real-life observations mixed in.
Two-for-One session: Fair Credit Reporting Act Update and Remote Deposit Capture
William P. Huttenbach, Hirsch & Westheimer, Houston
This session will include a discussion of new issues being raised under the Fair Credit Reporting Act and a discussion on why your bank needs a Remote Deposit Capture Services Agreement and what key language should be included.
Military Lending Act
Dimitris Rousseas, Compliance Alliance, Inc., Austin
We will be covering scope, important definitions, the Military Annual Percentage Rate cap, required disclosures for service members and their dependents, credit card requirements, penalties, official guidance and best practices for complying with the final amendments to the Military Lending Act, effective October 3, 2016.
Chris Christensen, PeirsonPatterson, LLP, Dallas
The CFPB finding that electronic mortgages can benefit consumers, and a wave of Fintech investing is driving Bank adoption of eClosing technology. This speech will outline the current state of eClosing adoption, as well as the legal underpinnings that enable the technology. Hear how eClosing technology can improve Bank customer experience and cycle capital faster with improved mortgage operations.
10 Things Estate Planning and Probate Lawyers Wish Banks Knew When Administering Deposit Accounts
Donald Totusek, Francis & Totusek, Dallas
This presentation addresses unfortunate consequences of different ways of styling deposit accounts, powers of executors and administrators with respect to decedent's accounts and decedent's information, when the banks should not require letters testamentary after a customer's death, and other bank actions that drive estate planning and probate attorneys crazy!
Home Equity Update
Michael O'Neal, Winstead PC, Dallas
This presentation will cover developments pertaining to Texas home equity lending, including recent judicial decisions, home equity interpretations and proposed legislation.
When Will it Happen to You? A Bank Fraud & Cyber Security Discussion
Kevin Hajek, Post Oak Bank, Houston
Melodie Harris, Post Oak Bank, Houston
In today's day and age, fraud is not about. if , it's a matter of when . All fraud cannot be prevented but a majority can. Post Oak Bank wants to increase awareness of current fraud trends affecting banks and their customers. This fraud presentation will focus on best practices to combat fraud on the commercial and personal levels. Topics that will be discussed include cybersecurity, general bank fraud along with best practices to help keep fraud away and your information safe. Join us for this interactive discussion where questions are welcome as we discuss this ever-growing and changing problem.
Pardon Me Mr. Banker, Your Pledged CD is Under Arrest!: A Bank's Rights as a Secured Creditor in a Criminal Forfeiture Proceeding
Paul Kratzig, The Kratzig Firm, Corpus Christi
John Runde, Huseman & Stewart PLLC, Corpus Christi
What are a Bank's rights in the face of a federal or state seizure of collateral pledged by a defendant in a criminal proceeding? This topic will address how to avoid collateral forfeiture and your rights as a claimant in a federal or state forfeiture proceeding.
Don't Forget to Lock the Back Door: Reducing Cybersecurity Risks in Vendor Contracts
Matthew Spohn, Norton Rose Fulbright, Denver, CO
Cybersecurity is not just an IT issue-it is also a contracting issue. Studies show that a substantial number of data breaches occur as a result of companies' vendors and service providers. This presentation explains how that risk can be addressed with appropriate attention to vendor contracts.
Successful Vendor Management: Best Practices Before, During and After Contract Negotiations
Jeffrey B. Andrews, Bracewell, Houston
What are the most effective means to manage vendor relationships? This session examines best practices in dealing with vendors before, during and after contract negotiations, and provides practical advice on mitigating common risks inherent in vendor relationships.
Bank Secrecy Act - Federal Regulator Compliance Panel
Doug Cain, Office of the Comptroller of the Currency
Joseph A. Meade, Federal Deposit Insurance Corporation, Dallas
Thomas Quint, Federal Reserve Bank of Dallas, Dallas
James Pledger, Jackson Walker, Austin (moderator)
The panel will discuss current and anticipated BSA initiatives, the potential BSA implications of changes in Washington, D.C. with the transition in administrations and issues cited in recent examinations as deficiencies that may have applicability to other institutions.
Legislative Liaisons: The Good, The Bad and The Ugly
Celeste Embrey, Texas Bankers Association, Austin
John Heasley, Texas Bankers Association, Austin
FRIDAY, April 7
FinTech Regulatory Landscape for 2017
Erin Fonte, Dykema Cox Smith, Austin
From the OCC's Proposed Limited Purpose Charter, to the Federal Reserve Board's Faster Payments Task Force, to anticipated upticks in federal executive and congressional lobbying by technology companies, the U.S. regulatory landscape for FinTech will be very interesting in 2017 and beyond. This session provides financial institutions with the Top 5 FinTech regulatory issues that banks either partnering with or competing with FinTech need to stay abreast of in 2017.
CFPB Enforcement Actions: PHH and Beyond
John Fleming, Attorney and General Counsel for the Texas Mortgage Bankers Association, Austin
Troy Garris, Weiner, Brodsky, Kidder, PC, Flower Mound
A review of CFPB Enforcement Actions and how they impact bank operations.
Corporate Governance and Ethics Essentials For Bankers and Bank Counsel
Chet A. Fenimore, Fenimore, Kay, Harrison & Ford, LLP, Austin
Regulatory expectations for boards of directors have never been higher. An effective corporate governance framework is essential to a bank's overall safety and soundness and can reduce liability risk for bank directors and officers. This presentation will focus on the key fundamentals of corporate governance. This presentation will also address common ethical issues faced by in-house counsel.
Anatomy of a Patent Case
J. Stephen Ravel, Kelly Hart & Hallman LLP, Austin
Learn the Nuts and Bolts of Patent cases asserted against Banks, with real world, current examples. Remembering, however, Patent protection is something Thomas Jefferson didn't think we needed in the first place, "Inventions then cannot, in nature, be a subject of property.
Stress Testing - Is It Worth All the Stress?
Charlotte Rasche, Prosperity Bank, Sugar Land
Banks over $10B in assets have spent countless personnel hours and money complying with the DFAST stress testing requirements. Given that stress testing could become a best practice requirement for smaller banks, this presentation will discuss what is involved in the process and how to best utilize the results.
Caroline C. Jones, Texas Department of Savings and Mortgage Lending, Austin
Joseph A. Meade, Federal Deposit Insurance Corporation, Dallas
Vincent Pacheco, Reserve Bank of Dallas, Dallas
Kurt Purdom, Texas Department of Banking, Austin
Kent Stone, Office of the Comptroller of the Currency, Dallas
Bruce Toppin, Rosenthal Pauerstein Sandoloski Agather LLP, San Antonio (moderator)
Lunch and Presentation
Lawyers and Presidents: The Ties That Bind
Talmage Boston, Winstead, Dallas
How the ten most important leadership traits for America's Presidents throughout history align with perfect synchronicity alongside our Texas Lawyers Creed and Disciplinary Rules. Lawyer and presidential historian Talmage Boston connects the dots that explain why so many of our top presidents were lawyers before they got to the White House, making even more timely and relevant his recently released book, "Cross-Examining History: A Lawyer Gets Answers From the Experts About Our Presidents" (Bright Sky Press 2016).
HMDA: Everyone's new Favorite Four Letter Word
Brandi Gregg, CommunityBank of Texas, Houston
Janet Groue, CRBE Capital Markets, Inc., Houston
Recent changes to Regulation C have extended HMDA reporting requirements to multifamily loans and non-bank lenders, and have modified reporting requirements for current reporters. While the full impact of the modified regulation is unclear, both banks and non-bank lenders need to take stock of their current reporting procedures and, in the case of non-bank lenders, prepare to implement a reporting procedure. This presentation will discuss the changes for existing reporters, requirements for new reporters, and the many unanswered questions still outstanding..
Bank M & A in Uncertain Times
Sanford M. Brown, Alston & Bird LLP, Dallas
Annette L. Tripp, Bracewell LLP, Houston
We are almost ten years after the beginning of the last financial crisis; there is a new Administration in Washington that has promised major changes in bank regulation; the Texas Legislature has convened in Austin for the 85th time; interest rates are on the rise for the first time in years; and we have had virtually no new banks in Texas for a decade. This session will explore what all of that means in the context of consolidation among insured depository institutions.
Minimizing Bank Officer and Director Liability in an Era of Heightened Scrutiny
Mary C. Gill, Alston & Bird LLP, Atlanta, GA
The session will provide an overview of director protection statutes, indemnity and D&O lines of defense to regulatory and shareholder litigation.