8:30 – 9:00 a.m.
CHECK-IN & CONTINENTAL BREAKFAST

9:00 – 9:05 a.m.
Welcome & Introduction
– Institute Co-Chairs

9:05 – 10:05 a.m.
KEYNOTE ADDRESS
Today’s Hot Issues In Bank Regulation
Julie Williams, former OCC Chief Counsel and twice Acting Comptroller, now at WilmerHale, will survey the landscape of regulatory and industry responses to the turmoil of March 2023;  the merger and acquisition landscape for bank deals; issues and expectations regarding bank partnerships with nonbanks; the impact of AI on bank operations and compliance; and current litigation involving banking regulations and bank powers.
– Julie L. Williams (by live video connection)

10:05 – 10:10 a.m.
BREAK (in place)

10:10 – 11:10 a.m.
KEYNOTE ADDRESS
A Conversation on Federal and State Regulation of Consumer Financial Services
In his current role as the Chief Operating Officer for the U.S. Department of Education office of Federal Student Aid, and previously as Director of the U.S. Consumer Financial Protection Bureau, Richard Cordray has long been at the forefront of modern consumer financial protection. Among state Attorneys General, Minnesota’s Keith Ellison is one of the most active in the consumer financial protection field. Join them for a conversation, moderated by University of Minnesota law professor Prentiss Cox, about the state of consumer financial protection at the federal and state levels, and what may lie ahead.
– Richard A. Cordray (by live video connection) & Keith M. Ellison
– Prentiss E. Cox (moderator)

11:10 – 11:20 a.m.
BREAK

11:20 a.m. – 12:10 p.m.
Credit Union Acquisitions of Banks and Bank Branches
Bank M & A deal volume around the country has been driven recently by credit union acquisitions of banks, with four new deals announced in January alone. The panelists will discuss the complexity of these transactions – involving multiple regulators, federal and state tax issues, state and trade association opposition and many strategic considerations – from the perspective of the target bank and the credit union acquirer. Learn from our experts what is driving this market, how these deals get done and what may be coming next.
– Michael M. Bell (by live video connection), Amber L. Kraemer & Anton J. Moch

12:10 – 1:05 p.m.
LUNCH & LUNCHEON PRESENTATION

12:10 – 1:05 p.m.
LUNCH  (provided to in-person attendees)

12:30 – 1:00 p.m.
LUNCHEON PRESENTATION
Before the Supreme Court: The Future of Chevron Deference and the Related Implications for Federal and State Banking Regulation
With the Loper Bright Enterprises and Relentless cases, the future of the Court’s 40-year-old doctrine of deference to federal agency authority is in considerable doubt. Hear from an experienced financial industry litigator about this, and what it may mean for the world of banking regulation going forward, as well as other cases of interest to the financial services industry before the Supreme Court.
– Jesse T. Smallwood

1:05 – 1:50 p.m.
An Industry Perspective: Key Trends and Developments in Minnesota Banking
Get our annual update from the President and the General Counsel of the Minnesota Bankers Association on important developments in Minnesota banking, including legislative, regulatory and other legal developments, and what to expect in the coming year.
– Teresa E. Rice & Joseph J. Witt

1:50 – 1:55 p.m.
BREAK

1:55 – 2:45 p.m.
SMALL GROUP SESSION A

101
Overdraft and NSF Fees – New Rules and Recent Litigation
As part of the initiative to combat “Junk” fees, the CFPB has issued new proposed rules to regulate fees for breakeven overdrafts, to treat above-breakeven overdraft fees as credit covered by the Truth in Lending Act and to ban NSF fees on certain real-time transactions. At the same time, recent FDIC Guidance on NSF fees faces a challenge in the Minnesota courts. Our experts will explain the new rules, what is at issue in the litigation and the implications for banks of all sizes. 
– Kristen E. Larson & James McGuire

102
The FinTech Explosion, and the Legal Response
From the latest in digital platforms to artificial intelligence and machine learning, our panel of experts is immersed in the world of FinTech. Join them for their insights on the latest developments in technology and on the rapidly-evolving framework for addressing the attendant legal risks. Find out if regulatory technology (RegTech) will meet the challenges of FinTech.
– Erin Bryan, Susan M. Seaman & Ronald K. Vaske

103
Cyber Security in the Financial Services Sector
Through a complex web of laws and regulations, banks are held to a higher standard for preventing cyber breaches and protecting consumers’ financial information. Join our experts for a review of applicable laws, an in-depth discussion of recent changes, and practical insights for managing risk and supporting banks’ operational needs and business objectives.
– Sarah B. Dannecker & Kathy J. Kirschbaum

2:45 – 3:35 p.m.
SMALL GROUP SESSION B

201
Latest Developments in the Community Reinvestment Act
Adopted in 1977, the CRA is a landmark civil rights law aimed at countering racial discrimination in lending. In 2023, for the first time this century, the financial regulators adopted new rules under the CRA to modernize its effect and further its aim of financial inclusion. Our experts will address the background and intent of the CRA, its importance for today, its key requirements and what must be done to prepare for the new rules.
– Timothy A. Herwig & Douglass B. Hiatt

202
Current Issues in Commercial Lending
Coming out of the Covid-19 pandemic and into a year that saw an historic rise in interest rates, the commercial lending market has been under extraordinary stress. What is driving the market now, how are lenders addressing the issues, and what can we expect next? Join our speakers, two experts in commercial insolvencies, distressed assets and workouts, to get their views on those questions and more.
– John R. McDonald & Andrew J. Steil

203
Check Fraud – Old Schemes in New Bottles
The use of checks has dropped precipitously in recent decades, although billions of checks still circulate each year. Meanwhile, authorities report a dramatic increase in check fraud, with both old and new approaches to this traditionally low-tech style of theft. Learn from our experts what is happening in this area and what banks can do to protect themselves and their customers.
– James C. Cummans, Matthew J. Hoffman, Caitlin B. Houlton Kuntz & Britney D. Kloepper

3:35 – 3:45 p.m.
BREAK

3:45 – 4:30 p.m.
The Annual Banking Law Case Update
Finish the day’s sessions with our traditional annual update on consumer and commercial case law developments over the past year. No Banking Law Institute would be complete without it!
– Craig D. Foss & Charles E. Nelson

4:30 – 5:00 p.m.
INSTITUTE RECEPTION
Cheers! Join the speakers, your colleagues and friends for refreshments, great conversation and networking at the Annual Banking Law Institute Reception.

LIVE IN-PERSON
Wednesday, April 17, 2024
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota

ONLINE REPLAY
Wednesday, May 8, 2024
Attend online
Online replay includes all plenary and breakout sessions. A moderator will be available to answer questions by email.

$345 MSBA members / $345 paralegals / $395 standard rate

Other discounts that may apply:

• Season Pass Discount
• New Lawyer Discount

Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.

Minnesota CLE is applying to the Minnesota State Board of CLE for 6.5 standard CLE credits. The maximum number of total credits attendees may claim for this program is 6.5 credits.