THURSDAY, APRIL 4
Registration and Breakfast Buffet
General Session and Opening Remarks
James W. Meredith, Program Chairman
First National Bank Texas, Killeen
You Have Been Hacked: Now What?
Brian E. Finch, Pillsbury Winthrop Shaw Pittman LLP, Washington, D.C.
Expert advice on how to respond to cyber-attacks.
Phillip Hinkle, Texas Department of Banking, Austin
William Noonan, U.S. Secret Service, Dallas
Brien O'Connor, Bankers Insurance Agency, Austin
Brian E. Finch, Pillsbury Winthrop Shaw Pittman LLP, Washington, D.C. (moderator)
Lost in Space: The Benefits of Automation in New Worlds of Contact Management and E-Signature
Mitchell Klein, Ncontracts, Brentwood, TN
Danger, Will Robinson! Stay out of harm's way! Is that sentiment present at your bank, with unseen problems lurking with all the contracts in each department? The contract problems vary: Outdated templates, multiple versions in circulation, no monitoring of renewal dates, no central repository, lack of compliance/due diligence as well as service level agreements. And in addition to that, there's the issue of e-signature and how contracted are finalized. And if these challenges do exist in your bank, who wants to spearhead these process changes? This presentation will address these issues and more.
You've Been Served: Subpoenas, Garnishments, and Levies
Kristina Cunningham, Hirsch & Westheimer, P.C., Houston
This presentation will discuss proper service of and responding to subpoenas, garnishments, and levies. The discussion will include both civil subpoenas and grand jury subpoenas from state and federal agencies, including subpoenas for customer records and information.
Bank M&A Update
Sanford M. Brown, Alston & Bird LLP, Dallas
Chet A. Fenimore, Fenimore, Kay, Harrison & Ford, LLP, Austin
2018 was a busy year, but stock price declines at the end of the year have buyers and sellers taking a pause in the first part of 2019. This session will provide an overview of current market trends from a legal and regulatory perspective with a glancing blow on business issues.
UCC and Banking Law Update
William (Pat) Huttenbach, Hirsch & Westheimer, P.C., Houston
With the ever changing case law and statutory interpretations of various UCC law, this speech is designed to review some of the recent court cases that your bank may use in preventing current and future losses. You should learn multiple UCC law updates that could save your bank a bunch of money.
Record Retention in a Digital World
Karen Neeley, Kennedy Sutherland LLP, Austin
Financial institutions are subject to numerous laws and regulations that specify how long "records" must be retained. This segment will examine what constitutes a "record" along with how long different items should be kept. Just as important, we will explore record disposal and the traps for the unwary.
Managing Customer Agreements
Christopher J. Burns, LegacyTexas Bank, Plano
As the dust continues to settle and unsettle in this dynamic regulatory environment, successfully managing your bank's approach to the creation and maintenance of customer account agreements can be difficult. Topics include update procedures, review frequency, change management, client experience, and other driving factors including litigation and examinations.
Home Equity Update
Michael O'Neal, Winstead PC, Dallas
This presentation will cover developments, hot topics and practice tips pertaining to Texas home equity lending. Developments will include recent judicial decisions, home equity interpretations and agency guidance.
Tips for Avoiding Lender Liability
James Ruiz, Winstead PC, Dallas
The presentation will discuss practical tips to avoiding lender liability claims in a time when lenders and loan servicers are at risk for claims brought against them by borrowers, guarantors, and third parties, and the ethical obligations and duties to preserve evidence and avoid claims of spoliation.
Banking Cannabis: Laws, Regulations and Legal Ethics Issues
Erin Fonte and Brenna McGee, Hunton Andrews Kurth, Austin
With an ever-increasing chasm between federal and state laws, banking of cannabis entities continues to be both confusing and daunting. This session provides an overview of cannabis laws, regulations and guidance at both the state and federal level, and information on legal ethics opinions on representation of cannabis entities.
Kenneth Early, Texas Hill Country Bank, Kerrville
Brenna McGee, Hunton Andrews Kurth LLP, Austin
Jessica Pelache, First National Bank Texas, Killeen
TBA's Future of Banking Task Force has been tasked with taking a deep dive in the following issues: the impact of fintech on banking and customer facing innovations; core banking relationships and bank's ability to innovate in a timely, cost effective way; cyber security solutions and access to customer data; and succession planning to bring diverse generational experience to the Board Room. The Task Force is preparing a report with its observations and recommendations for bank leaders and members of the Task Force will share a preview of their research.
FRIDAY, April 5
Subchapter S Banks: Maximizing Tax Efficiency Under 199A
Patrick J. Kennedy Jr., Kennedy Sutherland LLP, San Antonio
A detailed review the qualified business income deduction and its use by Sub S Banks as well as potential developments for other tax efficient structures for banks and their affiliates.
Who's on First: The In-House - Outside Counsel Relationship
Charlotte Rasche and Annette Tripp, Prosperity Bank, Sugar Land
This presentation will discuss the benefits of in-house counsel, when it makes sense to have in-house counsel, whether in-house counsel can replace the legal spend currently incurred for outside counsel and the way in-house counsel partners with outside counsel.
CRA and Why it Matters
Silvia Garcia Maggio, Compliance Alliance, Inc., Austin
This session will discuss the Community Reinvestment Act. Understanding how a negative exam can impact the bank is critical for the safety, soundness and business development for the bank. This presentation will cover the purpose of CRA, exam parameters for small, intermediate small and large banks and how CRA scores can impact the bank.
Challenges for the New Accounts Area
Karen Neeley, Kennedy Sutherland LLP, Austin
Texas law-particularly as amended recently-presents compliance and customer relations challenges for financial institutions. This segment will briefly review the documentary and procedural requirements under the Durable Power of Attorney Act as well as multi-party account law. In addition, it will identify the expectations under both state and federal law regarding elder financial abuse and reporting requirements.
Don't Let This Happen to You - A Review of Key Recent Financial Institution Enforcement Actions
James L. Pledger, Jackson Walker L.L.P., Austin
A review and analysis of financial institution regulatory enforcement actions of the past year, including an assessment of the compliance issues that led to these actions and what they tell us about the future enforcement focus of the agencies.
Charles G. Cooper, Texas Department of Banking, Austin
Caroline C. Jones, Texas Department of Savings and Mortgage Lending, Austin
Serena L. Owens, Federal Deposit Insurance Corporation, Dallas
Vincent G. Pacheco, Federal Reserve Bank of Dallas
Kent Stone, Office of the Comptroller of the Currency, Dallas
John Heasley, Texas Bankers Association, Austin (moderator)
John Heasley and Celeste Embrey, Texas Bankers Association, Austin
Implementing a WBH
Jessica Freedson, Prosperity Bank, Sugar Land
An effective whistleblower hotline is vital to a comprehensive compliance program and legally obligated for public companies. This presentation will walk you through the essential whistleblower requirements and best practices for instituting a hotline. We'll also discuss how to train your employees both on the existence of a hotline and on anti-retaliation expectations to ensure your organization is prepared to appropriate handle these critical steps.
Electronic Banking Minefields Version 2.0
J. Stephen Ravel, Kelly Hart & Hallman LLP, Austin
What challenges does your institution's rendition of electronic banking services face from the Americans with Disabilities Act (ADA) and from Non-Practicing Entities or Patent Trolls, (NPEs).
Bank Deposit Issues: Alphabet Soup
Trey Penny, American National Bank of Texas, Fort Worth
This presentation will focus on a wide variety of advice on practical issues that bank lawyers face daily. Who gets the money when a customer dies? How can business entities change signers? Can trustees name their own successors or appoint agents to handle bank accounts? And there are always interesting questions arising from recent changes to the Statutory Durable Power of Attorney form.
Recent Opinions and Cases to Watch
J.R. Johnson, Kelly Hart & Hallman LLP, Austin
A review of some of the significant state and federal judicial decisions from 2018 affecting financial institutions, and a look forward at some of the cases that will shape the legal landscape in 2019.