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Banking and Financial Services Laws for Attorneys: A 2009 Perspective LIVE Webcast
John Douglas
Partner, Corporate Department
Paul, Hastings, Janofsky & Walker LLP
John Douglas practices in both the firm's Washington, D.C. and Atlanta offices. He concentrates his practice in the regulation of financial institutions, in mergers and acquisitions and other transactions involving banks and thrifts, and in advising officers, directors, and shareholders in such institutions.
Mr. Douglas was appointed General Counsel of the Federal Deposit Insurance Corporation in 1987 and continued in that capacity through 1989. This was a period of unprecedented stress on the financial system, and he was involved in the major bank failures and restructurings of the late 1980’s, participated in the landmark Financial Institutions Regulatory Reform and Restructuring Act of 1989 and assisted in the organization of the Resolution Trust Corporation.
Mr. Douglas is a frequent lecturer and author on matters relating to financial institutions. He is the Chairman of the Editorial Board of the Electronic Banking Law and Commerce Report and the author of “The U.S. Approach to the Regulation of E-Commerce,” 2 Business Law International 171 (2001); "Banking and Technology," University of North Carolina Law School Banking Law Institute, Volume 1, page 37 (1997); "Deposit Insurance Reform," 27 Wake Forest Law Review 11 (1992); and "Deposit Insurance, Current Problems and Proposals," in Current Issues Affecting Central Banks, Volume 1, page 191 (International Monetary Fund, 1992).
Mr. Douglas is a director of the Financial Services Volunteer Corp., a non-profit organization assisting countries as the work to develop strong banking and capital markets systems. In that capacity, he has advised the governments of Russia, Indonesia and Egypt, among others. He is also a member of the Financial Markets Tribunal of the Dubai Financial Services Authority, and a member of the Executive Committee of the University of North Carolina Law School’s Banking Law Symposium. He has been recognized in Best Lawyers in America, Euromoney’s Guide to the World’s Best Banking Lawyers, Law Business Research’s An International Who’s Who of Banking Lawyers and The Financial Times’ Who’s Who Legal International (Banking). He was recently named to the "BTI Client Service All-Star Team," a group of 113 lawyers recognized for exceptional service to Fortune 100 clients.
Mr. Douglas earned a J.D., magna cum laude, from the University of Georgia, where he was an editor of the Georgia Law Review, a member of the Order of the Coif, and a Woodruff Scholar. He earned a B.A., cum laude, in economics from Davidson College. He is a member of the State Bar of Georgia and the Bar of Washington D.C.
Brian W. Smith
Partner
Latham & Watkins LLP
Brian Smith has more than 35 years experience in the financial services industry as a partner of an
international law firm, as a senior federal regulator, and as a senior corporate officer of a
multinational financial services company. He is a member of the firm’s Financial Regulatory
Practice and is a partner in the firm’s Washington, D.C. office.
Prior to joining the firm, Mr. Smith was a partner in the international law firm of Mayer, Brown,
Rowe & Maw and the national law firm of Stroock & Stroock & Lavan, where he was chairman of
the firm’s Financial Services Institutions Group and Managing Partner of its Washington, D.C.
office.
From 1982 through 1984, Mr. Smith was chief counsel of the Office of the Comptroller of the
Currency (“OCC”) and a member of the Comptroller’s Policy Group. Mr. Smith was responsible
for the legal affairs of the OCC including legal advisory services, litigation, enforcement and
compliance, securities and corporate practices, legislative and regulatory analysis and the six
district counsel offices.
Before moving to Washington, Mr. Smith was senior vice president, general counsel and corporate
secretary for MasterCard International, Inc. and a member of the Office of President. In addition to
his role as chief legal officer, Mr. Smith had corporate planning and management responsibilities.
Prior to joining MasterCard, Mr. Smith served as an attorney with both CIT Financial Corporation
and American Express Company.
Mr. Smith, is a frequent commentator/author/lecturer on the financial services industry and the
law and regulations affecting it. He is a member of the American Bar Association’s Banking Law
and Cyberspace Law Committees, and serves on the board of advisors of several leading industry
publications including, Electronic Banking Law and Commerce Report, Review of Financial
Services Regulation and Global eCommerce Law and Business Report.
In addition, Mr. Smith has served on the Department of State’s Advisory Committee on Private
International Law, The International Chamber of Commerce’s Working Party on Privacy and Data
Protection as well as its Commission on Telecommunications and Information Technology. He also
serves on the U.S. Council for International Business’ Electronic Commerce Committee and its
Working Group on Privacy and Transborder Data Flows.
Mr. Smith has been selected by the American Banker as among Washington’s most effective and
influential practitioners in financial services and has been listed in The American Banker’s –
Banking on Top Bankers. Mr. Smith has been listed in An International Who’s Who of Internet and
eCommerce Lawyers, Chambers Global – The World’s Leading Lawyers for eCommerce and in
Who’s Who Legal, The International Who’s Who of Business Lawyers.
Sara Kelsey
Counsel
WilmerHale
Sara Kelsey is a counsel in the Regulatory and Government Affairs Department, and a member of the Financial Institutions Practice Group. She joined the firm in 2009.
Prior to joining the firm, Ms. Kelsey was general counsel for the Federal Deposit Insurance Corporation (FDIC), where she advised the Chairman, senior management and the FDIC Board on all issues relating to the FDIC’s statutory responsibilities. From 1998 to 2007, she was Deputy Superintendent and counsel to the New York State Banking Department. As Deputy Superintendent, she assisted the Superintendent in formulating policy and managing the Department, coordinating the Department’s supervisory activities with those of other state, federal and international banking regulators, and civil and criminal enforcement authorities. She also has experience with BSA and anti-money laundering matters and has supervised and engaged in litigation.
Ms. Kelsey worked for JPMorgan Chase Bank as Vice President and Assistant General Counsel (1987-1995) and Senior Vice President and Associate General Counsel (1995-1997). She provided counsel on the impact of banking rules and regulations on business operations and structured and implemented numerous mergers and acquisitions, as well as corporate reorganizations. She was also responsible for transaction-related bank regulatory, antitrust and CRA issues.
Ms. Kelsey began her career at the Federal Reserve Board (1976-1987), specializing in bank holding company and bank matters, including applications and affiliate transactions.
Practice
Ms. Kelsey's practice focuses on the regulation of US and foreign banking institutions doing business in the United States. Ms. Kelsey advises on legislative and regulatory developments, acquisitions of financial institutions and assets, enforcement matters and compliance with the rules, regulations and guidance of Federal and State banking and financial regulatory agencies.
Professional Activities
Ms. Kelsey is a lecturer at the American Bar Association's Banking Law Basics and is a frequent speaker at financial services industry seminars. She is a past Adjunct Professor of Banking Law at Boston University's Morin Center for Banking and Financial Law and St. John's University School of Law.
Ms. Kelsey is a member of the Banking Law Committees of The Association of the Bar of the City of New York and the American Bar Association. She is a past Chair of the American Bar Association's Subcommittee on Legislation and Regulation (of the Banking Law Committee).
Stacie E. McGinn
Deputy General Counsel, Global Consumer and Small Business Banking
Bank of America Corporation
Stacie E. McGinn is Deputy General Counsel and Legal Executive of Global Consumer and Small Banking at Bank of America Corporation. Ms. McGinn manages a global team of nearly 150 attorneys, paralegals, and other professionals in the United States, Europe and Canada who provide legal support to Bank of America's global consumer businesses. Bank of America does business with one in every two households in the United States. The bank is one of the largest domestic providers of deposits, credit cards, small business, home equity and mortgage loans, and has one of the largest domestic branch and ATM networks, and the number one online banking site, in the country. McGinns group provides legal support to all of these businesses.
Prior to joining the bank, Ms. McGinn was a partner in the financial services regulatory practice of Skadden, Arps, Slate, Meagher & Flom LLP in Washington, D.C., where she practiced for 14 years. She represented banks, thrifts, credit card companies, mortgage companies, and consumer finance companies in a variety of regulatory matters, including compliance and risk management, and supervisory and enforcement issues. She also advised financial services clients in connection with regulatory aspects of acquisition and expansion transactions.
Prior to joining the firm, Ms. McGinn spent nine years as a corporate and international banker involved in structuring leveraged buyout and acquisition transactions as well as negotiating restructured international loan transactions.
She is also a co-author of the treatise, Consumer Financial Services, published by law Journal Press.
Ms. McGinn earned her bachelors degree in Economics and Finance at Baylor University and her degree at Georgetown University Law Center.
Banking and Financial Services Laws for Attorneys: A 2009 Perspective LIVE Webcast
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