rc16. Rancho Mirage, CA

38TH ANNUAL Regulatory Compliance CONFERENCE calbankers.com/RC16 October 4-7, 2016 Omni Rancho Las Palmas • Rancho Mirage, CA QUESTIONS? Conta...
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38TH ANNUAL

Regulatory Compliance CONFERENCE

calbankers.com/RC16

October 4-7, 2016 Omni Rancho Las Palmas



Rancho Mirage, CA

QUESTIONS?

Contact the CBA events department staff: • Cynthia DeOliver VP, Director of Events Management [email protected] • Christie Zook Events Management Specialist [email protected] • Glenn Younger Manager, Education and Training [email protected]

REGULATORY COMPLIANCE COMMITTEE Linette Lepori, CRCM, Conference Chair Fremont Bank

Carol Goodman, CAMS Union Bank, NA

Lynn Hadjian, Conference Vice Chair American River Bank

Radhika Dholakia Merchants Bank of California, NA

Elizabeth Clarkson, CRCM, CAMS, Immediate Past Conference Chair Umpqua Bank

Laura Hansen, CRCM Mechanics Bank

Paul Shimotake, Committee Chair Wells Fargo Bank, NA Steve Arnold Pacific Premier Bank Janet Bonnefin, CRCM Aldrich Bonnefin & Moore, PLC Patricia Cantu Bank of the West Cyndi Carmichael, CRCM, CAMS Bank of the Sierra James Curtis Bank of the West Carolyn Fulton, CRCM Exchange Bank

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38TH ANNUAL REGULATORY COMPLIANCE CONFERENCE

S AV E T H E D AT E

Flora Merigian, CRCM First Republic Bank Bambi Riebesell, CRCM, CAMS Bank of Marin André Smiley, CRCM Charles Schwab Bank Ariane Smith First Republic Bank Doug Thompson, CRCM, CAMS Seacoast Commerce Bank Deborah Thoren-Peden Pillsbury Winthrop Shaw Pittman LLP Leland Chan California Bankers Association

May 4-7, 2017 Park Hyatt Aviara Carlsbad, California

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DRESS CODE AND WEATHER

EVENING EVENTS

The attire for the conference is business casual. Temperatures range from 90 degrees during the day to 65 degrees at night. The general session rooms can be cold, so bring a sweater or jacket, just in case.

Please join us for several opportunities to relax, enjoy good food and network with your colleagues in the industry. Our evening events include receptions on Tuesday, Wednesday Wine Tour and Thursday. Exhibitor prize drawings will be held Thursday evening.

PARKING

Valet and self-parking are available at the resort at no charge for attendees. PALM SPRINGS AIRPORT

American, Delta and Alaska/Horizon airlines fly into the Palm Springs Airport. Consult Expedia, Orbitz or directly with the airline websites for the best available flights and airfares. GROUND TRANSPORTATION

The Omni Rancho Las Palmas is roughly a 25 minute cab ride from the Palm Springs Airport. To reserve a rental car at the airport, call Budget car rental at (800) 772-3773. For a discounted rate, refer to the CBA ID #U051957. If you decide to rent a car later, Hertz has a desk at the hotel. SPECIAL DIETARY AND PHYSICAL REQUIREMENTS

If you have any special dietary or physical requirements, please notify CBA in advance, if possible. Onsite, please stop by the CBA registration desk and we will do our best to accommodate your requests. COMPLIANCE PROFESSIONAL OF THE YEAR AWARD

The Regulatory Compliance Committee will announce the recipient of the 2016 Compliance Professional award at Thursday’s lunch. This award recognizes dedication to excellence, leadership and advancement of the compliance profession and service to the banking industry.

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38TH ANNUAL REGULATORY COMPLIANCE CONFERENCE

CERTIFIED REGULATORY COMPLIANCE MANAGER (CRCM) EXAM

Again, this year, CBA will host the Institute of Certified Bankers (ICB) Certified Regulatory Compliance Manager (CRCM) Exam. For more information, please contact a CBA staff member prior to arriving at the conference. CONTINUING EDUCATION CREDITS

• Certified Regulatory Compliance Manager (CRCM) — The conference will be approved by the ICB for continuing education credits for the Certified Regulatory Compliance Manager designation. Only members certified by the ICB are required to report ICB credits. For more information, please visit www.aba.com/icbcertifications. •

The Association of Certified Anti-Money Laundering Specialist (ACAMS) — The conference will be approved by the Association of Certified Anti-Money Laundering Specialists (ACAMS) for the CAMS designation.

• Minimum Continuing Legal Education (MCLE) — This conference will be approved for Minimum Continuing Legal Education (MCLE) credit by the State Bar of California. REGULATORY COMPLIANCE COMMITTEE

Interested in joining the Regulatory Compliance Committee? Please contact a CBA staff member for more information.

LETTER FROM THE CONFERENCE CHAIR Hello Compliance Professionals, It is my great honor to be the chair of the 2016 California Bankers Association’s (CBA) 38th Annual Regulatory Compliance Conference. The members of the planning committee and I are dedicated compliance and risk management professionals. Working together, we have planned a comprehensive program and networking event. I am confident this conference will fulfill your educational objectives and will not disappoint. This year’s conference will be held at the beautiful Omni Rancho Las Palmas Resort in Rancho Mirage, California. The conference officially opens Tuesday afternoon with two excellent workshops: one on BSA and another on risk assessments. Just prior to the welcome reception, we’ll hear from our opening keynote, Sarita Maybin. Wednesday morning, Dr. James Doti will bring us an economic update focused on California and the U.S. Following are the conference breakout sessions on regulatory and compliance risk management issues including the recently issued BSA beneficial ownership requirements, TRID, the new HMDA rules and UDAAP. Thursday’s luncheon is not to be missed as we honor the 2016 compliance professional of the year. Regulatory understanding and knowledge is vital so is our communication, change management, adaptability and relationship skills. The past several years have been quite the journey, however, we made it through together with the networks and relationships we established across this industry through great organizations like the CBA. It is nice to know and remember we have support especially when we get together. I hope that at the end of this conference, you will reflect on what you learned new, take back a best practice, make valuable contacts, and maybe more importantly, are reminded that together we can survive our challenging environment. The conference will be designed so that you have the opportunity to network, whether that is reconnecting with friends and peers, consulting with a sponsoring vendor, or making new contacts. Hopefully you will accomplish all three while rounding it off with all the latest regulatory changes and challenges. I look forward to welcoming returning attendees and meeting new. Regards, Linette Lepori, CRCM Conference Chair CBA Regulatory Compliance Committee

CALIFORNIA BANKERS ASSOCIATION • CELEBRATING 125 YEARS

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GENERAL INFORMATION The 38th Annual Regulatory Compliance Conference will be held at the Omni Rancho Las Palmas Resort. The CBA registration desk will open at 12:00 p.m. on Tuesday, October 4 and will close when the conference adjourns at 12:00 p.m. on Friday, October 7. Please wear your name badge at all times during the conference. CBA’S MOBILE APP

PROGRAM AT-A-GLANCE

(SUBJECT TO CHANGE)

TUESDAY, OCTOBER 4, 2016 9:00 a.m. – 1:00 p.m.

CRCM Exam

12:00 p.m. – 6:30 p.m.

Registration Open

1:00 p.m. – 2:30 p.m.

Workshops

• BSA: Basics – Part I • Risk Assessment: Approaches – Part I

2:30 p.m. – 3:00 p.m.

Refreshment Break

3:00 p.m. – 4:30 p.m.

Workshops

• BSA: Challenges Today – Part II • Risk Assessment: Tools – Part II

REGISTRATION FEES

Early-Bird by August 15, 2016



CBA Member Bank:

$845

Regular after August 15, 2016



CBA Member Bank: $1,045 CBA Affiliate Member: $1,245 • Non-Member Bank: $1,495 • Spouse: $495 •

4:30 p.m. – 5:00 p.m.

Refreshment Break

5:00 p.m. – 6:00 p.m.

Opening Keynote Speaker: Sarita Maybin

GROUP DISCOUNT

6:00 p.m. – 7:00 p.m.

Welcome Reception

Three or more attendees from the same organization are eligible to receive $100 off each registration.

WEDNESDAY, OCTOBER 5, 2016

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CBA’s mobile app is a great way to keep up with the latest CBA news. The CBA app is available for Apple and Android devices in the Apple app store and on Google Play. Conference details, including a customizable schedule will be available soon. This will be where all conference materials are located for your access.

7:30 a.m. – 5:30 p.m.

Registration Open

8:00 a.m. – 9:00 a.m.

Breakfast and Marketplace Opening

8:45 a.m. – 9:00 a.m.

Welcome and Conference Overview Linette Lepori, Chair Regulatory Compliance Conference Committee

38TH ANNUAL REGULATORY COMPLIANCE CONFERENCE

To receive the discount, download the form from the CBA website and submit via fax or email. The discount is not available through the online registration system. Payment must be received before the event start date for all registrations.

CANCELLATION POLICY

Substitutions are allowed, at no additional cost. Written notice is required for all substitutions/ cancellations. • • • •

The full registration fee will be refunded if written notice is received by Sept. 5, 2016 50 percent of the registration fee will be refunded if written notice is received by Sept. 19. No refunds will be provided after Sept. 19. Registrations made on or after September 19 are not subject to refund.

ACCOMMODATIONS

Omni Rancho Las Palmas Resort 41000 Bob Hope Drive Rancho Mirage, CA 92270-4497 (866) 423-1195 Hotel accommodations can be made by calling the Omni Rancho Las Palmas Resort directly. The CBA rate is $169*, single or double occupancy, plus taxes and fees (*$28 resort fee waived for our group). Please make your reservations by September 2, 2016. Rooms are limited and may sell out before this date. Requests after this date will be accepted on a space-available basis at the hotel’s prevailing rates. The resort check-in time is 4:00 p.m. and checkout time is noon. SPOUSE ATTENDEES

Registration for spouse attendees includes all meal functions and social activities. Spouses are welcome to enjoy the many amenities of the resort.

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9:00 a.m. – 10:00 a.m.

The U.S. and California Economic Outlook Dr. James Doti, President Chapman University

10:00 a.m. – 10:30 a.m.

Refreshment Break in Marketplace

10:30 a.m. – 12:00 p.m.

Concurrent Sessions – Series I

• HMDA • UDAAP • Cybersecurity Scams: What You Need to Know Right Now • Strategies to Deal with Elder Financial Abuse • New Beneficial Ownership Rule

12:00 p.m. – 1:15 p.m.

Networking Lunch

SPONSOR/EXHIBITOR INFORMATION

1:15 p.m. – 2:45 p.m.

California Legislative Update Kevin Gould, SVP, Director of State Government Relations California Bankers Association

SPONSORS AND EXHIBITORS

OPPORTUNITIES STILL AVAILABLE

2:45 p.m. – 3:15 p.m.

Refreshment Break in Marketplace

CBA would like to thank our current sponsors and exhibitors for their generous contributions to the success of the 38th Annual Regulatory Compliance Conference.

CBA offers a wide selection of opportunities designed to match your exposure needs and budget. Sponsorship opportunities include, but are not limited to:

3:15 p.m. – 4:45 p.m.

Concurrent Sessions – Series II

At the conference, look for the colored ribbon on their name badges identifying them as a sponsor and/or exhibitor and please take the opportunity to find out how their products and services might benefit your institution now and in the future.



You may refer to your program guide for the scheduled breakfasts, refreshment breaks and receptions hosted in the Marketplace.

EARLY-BIRD EXHIBIT BOOTH FEES, NOW THROUGH AUGUST 5, 2016:

SPONSORS



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Bankers Compliance Group • Turner, Warren, Hwang & Conrad AC





CBA registration desk Conference mobile app • Hotel Room Keycard • Welcome Reception •



CBA members: $1,995 • Non-members: $3,495

As an added bonus, all confirmed sponsors receive a $500 discount off booth space in the marketplace!

EXHIBITORS

For a list of available sponsorship opportunities or detailed information on hosting an exhibit booth, please contact:



• Rosemary Mignano, Event Sponsor and Exhibitor Development Coordinator (916) 438-4435 [email protected].



Bankers Compliance Group Banker’s Toolbox • Ncontracts • Thomson Reuters •

38TH ANNUAL REGULATORY COMPLIANCE CONFERENCE

• HMDA • UDAAP • Cybersecurity Scams: What You Need to Know Right Now • Strategies to Deal with Elder Financial Abuse • New Beneficial Ownership Rule

4:45 p.m. – 6:00 p.m.

Wine Tour Reception

THURSDAY, OCTOBER 6, 2016 7:30 a.m. – 4:30 p.m.

Registration Open

7:30 a.m. – 8:30 a.m.

Breakfast in Marketplace

8:30 a.m. – 10:00 a.m.

Concurrent Sessions – Series III





10:00 a.m. – 10:15 a.m.

Refreshment Break in Marketplace

Compliance “Blind Spots” in Commercial Lending CRA/UDAAP/Fair Lending • Enforcement Actions • Defenses to Check Forgery Claims (does not repeat) • California Law and Litigation Update (does not repeat) • •

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10:15 a.m. – 11:45 a.m.

Concurrent Sessions – Series IV

• Compliance “Blind Spots” in Commercial Lending • CRA/UDAAP/Fair Lending • Deposit Disclosures – Are You Smarter Than a 5th Grader? • Get your Outsourcing in Compliance: Vendor Management • TRID: Bankers’ Questions and Some Attempted Answers

11:45 a.m. – 1:00 p.m.

Luncheon and Compliance Professional Award Presentation

1:00 p.m. – 2:30 p.m.

Concurrent Sessions – Series V

• Enforcement Actions • TRID: Bankers’ Questions and Some Attempted Answers • Get your Outsourcing in Compliance: Vendor Management • “You’ve Been Served”- Legal Order Processing (does not repeat) • Deposit Disclosures – Are You Smarter Than a 5th Grader?

2:30 p.m. – 3:00 p.m.

Refreshment Break in Marketplace

3:00 p.m. – 4:30 p.m.

Regulator Panel

4:30 p.m. – 6:00 p.m.

Exhibitor Recognition Reception and Prize Drawings in Marketplace



FRIDAY, OCTOBER 7, 2016 7:30 a.m. – 12:00 p.m.

Registration Open

7:30 a.m. – 8:30 a.m.

Breakfast

8:30 a.m. – 10:00 a.m.

Concurrent Sessions – Series VI

• Alternative Payment Systems (does not repeat) • Marketing Compliance/TCPA • The Military Lending Act Amendments: Requirements and Challenges • Deposit Update • Flood Insurance Regulations: In the Eye of the Storm

10:00 a.m. – 10:30 a.m.

Refreshment Break

10:30 a.m. – 12:00 p.m.

Concurrent Sessions – Series VII

• Mobile Banking (does not repeat) • Marketing Compliance/TCPA • The Military Lending Act Amendments: Requirements and Challenges • Deposit Update • Flood Insurance Regulations: In the Eye of the Storm

12:00 p.m.

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Conference Adjourns

38TH ANNUAL REGULATORY COMPLIANCE CONFERENCE

MOBILE BANKING According to a March Federal Reserve board report, Consumers and Mobile Financial Services, 87 percent of American adults own a cell phone, 77 percent of mobile phones are smartphones and 53 percent of smartphone owners with a bank account use mobile banking. With statistics like that, the need to be able to conduct financial transactions on a mobile device has become almost unavoidable. This area is not going away and with the evolving technology, the legal and compliance challenges do not end. This panel will address the latest and, where necessary, review the basics, of the legal and regulatory challenges in the mobile banking world. •

Damier Xandrine | SVP, Senior Company Counsel, Wells Fargo Bank, NA Damier Xandrine’s area of practice focuses on e-commerce legal and regulatory issues, online and mobile banking, mobile payments, emerging technologies, electronic signatures, and online authentication and fraud. She provides legal support and guidance for retail and wholesale Internet lines of business. She is a graduate of UC Berkeley and UC Hastings College of the Law.



Vivian Yeung | SVP, Head of Mobile & Payments, Bank of the West Vivian Yeung oversees the strategy, product development, and execution for Bank of the West’s mobile and digital payments area. She is responsible for setting the strategic roadmap to drive servicing and payment capabilities, enable best-in-class customer experiences online, and transform the mobile channel offering. Prior to joining Bank of the West, she had an 11-year tenure with Wells Fargo Internet services group in online strategy – business development, online banking product management, and systems architecture roles.

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Tatyana Wentler | Senior Attorney, Wolters Kluwer Financial Services Tatyana Wentler, a senior attorney with Wolters Kluwer, has more than 11 years of experience as an attorney in the financial services industry. She consults on various aspects of federal and state regulatory compliance with focus on consumer lending and mortgage lending requirements. Wentler is also a Certified Regulatory Compliance Manager.

“THROUGH THE LOOKING GLASS:” BANK OPERATIONS UPDATE This panel will explore recent hot topics in bank operations, including deposit reconciliation practices; UCC 4406; levy against an IOLTA; designation of a central location for service of levies; unclaimed property; and more. •

Ted Kitada | SVP, Senior Company Counsel, Wells Fargo Bank, NA Ted Kitada is a senior vice president and senior company counsel in the law department of Wells Fargo Bank, NA. He is the chief payment counsel to Wells Fargo, providing advice and guidance on many payment matters, including primary payment systems (wire transfers, checks, ACH, and prepaid and debit cards); deposit services and products; bank operations; Check 21; image exchange arrangements; mobile banking; electronic banking; unclaimed property; and compliance with a variety of state and federal laws and regulations relating generally to bank deposits and operations.



GENERAL SESSIONS KEYNOTE ADDRESS •

Susan Somuri | VP, Counsel, MUFG Union Bank, NA

Sarita Maybin is an international speaker and communication expert whose audiences have fun learning how to stay positive, constructively confront tough communication challenges and work together better. Her interactive presentations provide real-life solutions and inspire positive action. During her 20-year speaking career, Sarita has spoken at conferences, companies and campuses in all 50 states, Puerto Rico, Mexico, Jamaica, Canada, England, Asia and Iceland. Her clients include Hewlett Packard, Kaiser Permanente, Los Angeles County, Department of the Navy and University of California, among others. Sarita was voted a top 5 communication speaker and had the privilege of presenting on the prestigious TEDx stage. She is a former university dean of students with a master’s degree in counseling, a Toastmasters humorous speech contest winner and a past president of the National Speakers Association, San Diego Chapter.

Susan Somuri works as bank operations counsel for MUFG Union Bank, NA (“Union Bank”) in Los Angeles. She has experience with consumer deposit regulations, Bank Secrecy Act, vendor contracts, marketing, privacy, payment systems, Uniform Commercial Code rules, treasury management services and other related bank operation topics.

FLOOD INSURANCE REGULATIONS: IN THE EYE OF THE STORM Biggert-Waters, HFIAA and the July 2015 final rule made numerous changes to the world of flood insurance. As a result, there has been confusion as to what the current flood insurance rules are. This session will calm the waters (please excuse the pun). We will go through the basics of the mandatory purchase of flood insurance requirements, the requirement to escrow all residential flood insurance premiums, the requirement to force place insurance and the requirement to accept private flood insurance policies. •

Larry Palmer | Seattle Specialties Refer to conference app for bio.



Stephanie Shea | Associate Attorney, Aldrich & Bonnefin, PLC As an associate in Aldrich & Bonnefin, PLC’s consumer practice group, Stephanie Shea specializes in consumer and mortgage lending, including TILA, RESPA, ECOA and FCRA, as well as the flood insurance regulations.

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38TH ANNUAL REGULATORY COMPLIANCE CONFERENCE

Sarita Maybin | Speaker, Trainer, and Author

THE U.S. AND CALIFORNIA ECONOMIC OUTLOOK •

Dr. James Doti | President, Chapman University Dr. James Doti has served as Chapman University’s president since 1991. He earned his bachelor’s degree in economics from the University of Illinois, Chicago where he was an Edmund James Scholar. He received his master’s and doctorate degrees in economics from the University of Chicago where he was an Edward Hilman Fellow and National Science Foundation Fellow. Dr. Doti joined Chapman’s faculty in 1974, and in 1978 founded the Center for Economic Research (which became the Gary A. Anderson Center for Economic Research in 1997). He was appointed dean of the school of business and management (today’s George L. Argyros School of Business and Economics) in 1985 and served twice as Chapman’s acting president in 1988 and 1988-89. He has co-authored two textbooks, Econometric Analysis: An Application Approach, and The Practice of Econometrics with EViews. He also co-edited a collection of readings in private enterprise, The Market Economy: A Reader, which received the Templeton Award for Scholarly Excellence. While serving as president, Dr. Doti has continued his scholarly research, focusing not only on econometric forecasting but also on demand and pricing for higher education. His articles have appeared in professional journals as well as the Wall Street Journal and Chronicle of Higher Education.

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CALIFORNIA LEGISLATIVE UPDATE

MARKETING COMPLIANCE/TCPA

This session will review key state actions from the 2016 legislative session and discuss in depth the rules and regulations that will most impact your financial institution.

Your marketing teams already have a lot to manage, from boosting acquisition efforts to helping to retain existing relationships. As a compliance officer, how can you equip them to be more cognizant of regulatory risk related to your customer communications? In this session, we will share best practices and supporting case studies to define a framework for minimizing risk in marketing and customer support communications, identify the training and support you’ll need to provide, to ensure your marketing activities are performed responsibly and discuss the steps you can begin to take to create a customer-centric culture that will strengthen compliance. Key takeaways include, a roadmap for creating a coordinated, enterprise-wide approach to managing marketing risk, an introduction to the tools and processes to implement and sustain your risk reduction strategy, and common pitfalls in addressing TCPA, UDAAP, and operational risk related to marketing.



Kevin Gould | SVP, Director of Government Relations, California Bankers Association Kevin Gould joined the CBA in 2004, bringing with him more than seven years of legislative experience. Gould serves as one of CBA’s registered lobbyists, focusing mainly in the areas of bank operations, commercial lending, residential property lending, construction dispute resolution, wealth asset management and trust issues.

REGULATOR PANEL Exam hot buttons with the OCC, FDIC, FED and DBO: An informative discussion with panelists from the OCC, FDIC, FED and DBO that will include an overview of banking conditions in California along with emerging examination concerns. •



Steven Ramirez is a popular industry analyst, writer and speaker in financial services. His insights have appeared in American Banker, ABA Banking Journal, ABA Bank Marketing, Financial Brand, Bank Innovation, BAI Banking Strategies, Banking Exchange, Mortgage Banking, and other industry publications. He has presented on social, mobile, and digital trends at American Banker’s Financial Services Marketing Forum, BAI Retail Delivery, BAI Payments Connect, the Mortgage Technology Conference, CRM Evolution, ABA Annual Convention, and other events. As the CEO of customer experience agency Beyond the Arc, his clients include banks, fintech companies and banking associations.

Moderator: André Smiley | Managing Director, Bank Compliance, Charles Schwab Bank André Smiley has more than 19 years’ experience in the banking industry, much of which he has spent in senior compliance roles across a number of different financial institutions. Smiley also has experience managing operational risk management programs, particularly focused on the deployment and management of governance risk and compliance platforms.



Lisa Simonetti | Shareholder, Vedder Price Lisa Simonetti focuses on the defense of complex litigation, including class actions, mass actions and regulatory investigations and enforcement actions. Simonetti represents a wide array of financial services companies, including banks, credit card issuers, mortgage lenders, e-commerce companies, automotive finance companies and student lenders. She appears in state and federal courts around the country, at both the trial and appellate levels. Given the current regulatory environment, she also routinely counsels financial services clients on compliance with state and federal laws.

WORKSHOPS — TUESDAY, OCTOBER 4, 2016 These two-part sessions are your chance to take a deep dive and explore one topic in-depth. There is no additional charge to attend these sessions.

BANK SECRECY ACT – SOUP TO NUTS

THE MILITARY LENDING ACT AMENDMENTS: REQUIREMENTS AND CHALLENGES

This two-part, non-repeating session will provide a basic overview of anti-money laundering laws and regulations. The discussion will include the Bank Secrecy Act, USA PATRIOT Act, suspicious activity reporting and customer due diligence basics. Components of a BSA/AML/CDD program will also be addressed.

The Department of Defense amendments to the Military Lending Act (MLA) regulation provide active duty service members and their families with additional protections. The MLA amendments are mandatory as of Oct. 3, 2016, and present financial institutions with significant compliance and implementation challenges. This session will address the types of transactions covered by the regulation; how to identify a “covered borrower”; when to provide written and oral disclosures; what fees are included in the Military Annual Percentage Rate (MAPR); and other practical compliance considerations. Financial institutions must take great care to comply with the requirements of the Servicemembers Civil Relief Act (SCRA). This session will provide an SCRA overview; cover specific benefits and protections under SCRA; discuss how regulators are expanding the scope of SCRA compliance; and discuss recent SCRA trends.



Tanya Kazak | Vice President and BSA/AML Compliance Manager, Bank of the West Tanya Kazak has spent 12 of her 15 years in the banking industry working directly within the BSA/AML field. She previously held numerous AML related roles at a number of large and small financial institutions after beginning her career in retail banking and quickly realizing that she had a keen interest in BSA/AML and sanctions compliance fields. After serving as an AML internal auditor, she managed a team of investigators, performed EDD on high risk customers, and oversaw AML programs at various institutions. She received the Certified Anti-Money Laundering Specialist (“CAMS”) professional designation in 2007.





Jiji Park | Partner, Pillsbury Winthrop Shaw Pittman LLP JiJi Park is a partner at Pillsbury Winthrop Shaw Pittman LLP. Her regulatory practice includes advising clients on laws and regulations applicable to the payments industry, including money transmission and other money services laws, unclaimed property laws, anti-money laundering laws, electronic fund transfer laws, and laws regarding required disclosures, expiration dates, fees and cash redemption. She has represented members of

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Steven Ramirez | CEO, Beyond the Arc

38TH ANNUAL REGULATORY COMPLIANCE CONFERENCE



Reggie Jackson | Senior Counsel, Wells Fargo Bank, NA Reggie Jackson is a senior counsel in the Wells Fargo law department supporting the consumer lending businesses, Consumer Financial Protection Bureau mortgage servicing rules and Servicemember’s Civil Relief Act (SCRA) related issues. He joined Wells Fargo in 1995 to provide litigation management for the consumer real estate lending business line and in 1997 began providing legal support to mortgage default servicing areas including collections, loss mitigation, foreclosure and bankruptcy. He has also provided legal support to many cross-enterprise projects with significant servicing impacts including SCRA and servicing fee alignment efforts.

CALIFORNIA BANKERS ASSOCIATION • CELEBRATING 125 YEARS

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Michael Delune | Counsel, Manufacturers Bank Michael Delune serves as counsel for Manufacturers Bank in Los Angeles, and as adjunct professor of banking law at the Thomas Jefferson School of Law. His previous experience includes Boeing Capital Corporation and the law firm of Aldrich & Bonnefin, where he advised financial institutions on various transactional and regulatory matters. Delune is also very active with the California State Bar, currently serving a term as vice-chair of the business law section’s Commercial Transactions Committee.



Thomas McCurnin | Partner, Barton, Klugman & Oetting LLP Thomas McCurnin is a partner in the Los Angeles law firm of Barton, Klugman & Oetting. His area of practice focuses on banking operations litigation, payment systems (wires, ACH, letter of credit), levies, and commercial personal property equipment leasing and regulatory matters relating to the leasing industry. McCurnin is a graduate of the University of Iowa and Drake University Law School.

FRIDAY, OCTOBER 7, 2016

the prepaid industry in connection with closed-loop and open-loop programs, including e-wallets, loyalty and promotional programs, government benefit programs and payroll cards.

COMPLIANCE RISK ASSESSMENTS… THE CORE TO A SUCCESSFUL COMPLIANCE RISK MANAGEMENT STRATEGY! This session is designed to discuss the components necessary to develop and implement a Compliance Risk Assessment. During this session you will accomplish two key things: (1) Learn the following techniques: How to assess and quantify inherent compliance risk; How to determine the effectiveness of risk controls; How to quantify the residual (net) compliance risk; How to apply these techniques for critical assessments such as products and services and implementing new regulations and (2) Apply the techniques in a practical scenario within similar asset-size institutions. Richard H. Harvey Jr., Esq., CRCM, CAFP | Senior Vice President, Chief Compliance Officer, Colonial Savings •

Richard H. Harvey, Jr., is an experienced executive level compliance leader and a noted expert in developing and implementing risk-based compliance and anti-money laundering programs for various types of financial institutions. Prior to joining Colonial, he served as the chief compliance officer and general counsel for two start-up money transmission services companies - Skrill USA and Omney Inc. He previously served as an enforcement and litigation attorney with the Office of Thrift Supervision (Formerly the Federal Home Loan Bank Board), chief compliance officer and chief privacy officer of Chevy Chase Bank and director, chief compliance officer of E*TRADE Bank.

ALTERNATIVE PAYMENT SYSTEMS This panel will review emerging payment models and compliance responsibilities associated with them. Prepaid card programs in consumer and business applications will be discussed and the fascinating world of digital wallets will be reviewed. ApplePay is the most well-known of the digital wallets, but this session will also cover the MasterCard digital enablement express program and some of the digital wallets provided under that program (for example, Samsung Pay and Android Pay). Guidance on how these programs operate, what the risks are to card issuers and how participation in these programs affects Regulation Z/E disclosures by the issuing bank will be provided. •



Bonita Jones specializes in banking risk management and regulatory affairs. As a prior bank regulator, she brings expertise in compliance, CRA and financial banking risks. She is the recipient of the American Bankers Association’s Distinguished Service Award and the Federal Reserve System’s William Taylor Award for Sustained Excellence in Bank Supervision. Jones is a frequent speaker for the American Bankers Association, state associations and private organizations. She authors the ABA Bank Compliance Magazine’s “Regulatory Insider” column, publishes numerous articles and serves on ABA advisory boards.

Mark Moore | Assistant General Counsel, Silicon Valley Bank Mark Moore is an assistant general counsel at Silicon Valley Bank. He is an internal subject matter expert on payment systems, focusing on emerging payment solutions for the financial technology sector. Prior to joining the bank in 2014, Moore was a principal at the law firm Aldrich & Bonnefin, where he counseled bank and non-bank clients regarding payment systems.



Deborah Thoren-Peden | Partner, Pillsbury Winthrop Shaw Pittman LLP Deborah Thoren-Peden is a firm partner and former managing board member at Pillsbury Winthrop Shaw Pittman LLP. She is co-leader of the firm’s payments team, consumer and retail team and cybersecurity team, leader of the privacy and unclaimed property teams with a strong track record of assisting clients on successful launches of new products and services in the payments sector and other industries, including traditional and emerging payments, electronic wallets, mobile payments, digital currency, virtual currency (e.g., bitcoin) and rewards. She advises a spectrum of industries on payments, privacy and cybersecurity laws and regulations. She also advises on responding to requests for information from governmental and law enforcement agencies or otherwise providing information to such agencies.

Bonita Jones | President, Bonita Jones & Associates LLC

CONCURRENT SESSIONS — WEDNESDAY, OCTOBER 5, 2016 NEW HMDA RULES AND THEIR IMPLICATIONS With the finalization of the new Home Mortgage Disclosure Act (HMDA) data collection rules, financial institutions are faced once again with a monumental change to their operational processes and compliance programs. The new requirements greatly expand the scope of reportable transactions, modify and add to the data points required to be reported, and intertwine them with the origination process. The session will break down the major provisions of the new rule and help you prepare a successful implementation plan. •

Janet Bonnefin | Principal, Aldrich & Bonnefin, PLC Janet Bonnefin specializes in mortgage and consumer lending regulations, compliance management, fair lending and CRA. In addition, she advises clients in connection with compliance, fair lending and CRA examinations. She speaks on these topics for various industry groups and has also served as an instructor for the ABA National Compliance School, lecturing on RESPA, ECOA and FCRA. In addition, she manages

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38TH ANNUAL REGULATORY COMPLIANCE CONFERENCE

CALIFORNIA BANKERS ASSOCIATION • CELEBRATING 125 YEARS

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Bankers’ Compliance Group®, an innovative legal service the firm provides to 127 California banks, thrifts and credit unions, and serves as the editor of all BCG publications •

Carolyn Fulton, CRCM | VP, Credit Compliance Officer, Exchange Bank Carolyn Fulton is a vice president and the credit compliance manager for Exchange Bank, a community bank with assets of $1.7 billion located in Santa Rosa. There she is a member of the risk management team and is primarily responsible for the oversight of the bank’s loan compliance program. In addition, she recommends and implements revisions to loan policy. She was designated as a Certified Regulatory Compliance Manager in October of 2004.

GET YOUR OUT SOURCING IN COMPLIANCE: VENDOR MANAGEMENT Regulatory focus on your outsourcing programs continues, including whether you’re adequately applying critical risk analysis, vendor selection due diligence, negotiating material terms into the contract, and implementing ongoing monitoring over the vendors. When these third parties fail, you fail. The results can include regulatory penalties, litigation and loss of market share. This session will include practical insight from an in-house vendor management specialist as well as outside compliance counsel’s guidance on the importance of having strong contractual protections. •

Sean Kiester has been in banking for 28 years, all at Fremont Bank. He has experience in various positions including branch sales, client call centers, information technology, project management and business banking. Keister has been instrumental in building the vendor management program at Fremont Bank.

UDAAP HOT TOPICS (AND DON’T FORGET THOSE VENDORS!) There are two major themes that seem to be creating commentary or confusion related to UDAAP: 1) risk in the promotion of products and services, 2) vendor-related UDAAP risk. In this panel, a banker and compliance consultant will focus on how banks monitor third-party vendors’ interactions with clients and discuss the conflict between marketing needs and compliance requirements in promoting products and services. Specific areas to be discussed include monitoring and training of vendors, determining whether UDAAP risk exists, internal personnel training as to what is allowed and how to market the products/ services given customer sophistication, and real-world examples and commentary from regulators around how to determine customer sophistication. •

Cynthia Boehmer | Compliance Consultant, WolfPAC Integrated Risk Management Cynthia Boehmer is a supervisor in the WolfPAC solutions group, where she is responsible for the research, creation and maintenance of the compliance laws and regulations found in the regulatory compliance module of WolfPAC and ensuring their accuracy. Additionally, she serves as a resource to the compliance consultants and aid in product implementation and testing. Prior to joining WolfPAC, she worked as a contractor with Promontory Financial Group. Her expertise is in facilitating and assisting financial institutions with performing regulatory compliance risk assessments for regulations such as Bank Secrecy Act, TILA and RESPA.



Greggory Imm | SVP, Chief Compliance Officer, M&T Bank Greg Imm is chief compliance officer at M&T Bank, a $130 billion bank headquartered in Buffalo, New York. Prior to joining M&T, he was CCO and director of community and economic development for Fifth Third Bank in Cincinnati, Ohio. He spent 15 years at the Federal Reserve Bank of San Francisco as a field examiner and ultimately the senior manager in charge of the compliance portfolio management program.

Sean Kiester | Vendor Management Manager, Fremont Bank



Ann McEvilly | Principal, Aldrich & Bonnefin, PLC Anne McEvilly specializes in regulatory compliance, including banking operations, treasury services and vendor management, and contract negotiations. She is co-manager of the firm’s operations and fintech practice group. Prior to joining the firm, she was in-house counsel to Toyota and Lexus Financial Services and also counsel to the Resolution Trust Corporation. Prior to practicing law, she worked with California Federal Bank.

TRID: BANKERS’ QUESTIONS AND SOME ATTEMPTED ANSWERS Nothing is perfect and the TILA-RESPA Integrated Disclosure Rule (TRID) is no exception. The rule fails to address several important situations and loan products. As a result, bankers have been asking some really good TRID questions since the rule became effective in October 2015. This session will recap and discuss a number of “true life” questions the speaker’s clients have raised about TRID over the past year, including questions about TRID’s coverage, fees that must be disclosed, dealing with mortgage brokers and settlement agents, and disclosures on construction loans. •

Robert Olsen | Principal, Aldrich & Bonnefin, PLC Robert Olsen is a principal of Aldrich & Bonnefin, PLC. He associated with the firm in January 1996 and became a shareholder in 1999. Olsen heads up the firm’s consumer practice group, specializing in consumer financial regulatory compliance, financial privacy, mortgage lending, fair lending and other regulatory matters. He is a member of the State Bar of California and the consumer financial services section of the American Bar Association.

CYBERSECURITY SCAMS: WHAT YOU NEED TO KNOW RIGHT NOW This cybersecurity session will share real examples of cyber fraud scams including email scams, financial malware, ransomware and technical support scams. The session will ensure you are better informed and prepared to identify and respond to cyber scams. •

Mark Van Divner | SVP, Chief Information Security Officer, First Republic Bank Mark Van Divner is the head of information security and business continuity at First Republic Bank. His responsibilities include online fraud prevention, incident response, access and identity management, crisis management, technology recovery and IT governance. He has more than 25 years of broad-based experience in the implementation and management of global information technology infrastructure and security at Fortune 100 companies. In addition to an MBA, Van Divner holds several professional certifications including CGEIT, CISM, CISA, and CISSP.

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38TH ANNUAL REGULATORY COMPLIANCE CONFERENCE

“YOU’VE BEEN SERVED” – LEGAL ORDER PROCESSING SUMMARY AND NEW DEVELOPMENTS Financial institutions periodically receive various types of legal orders, ranging from levies to attachments, subpoenas, search warrants and several others. This panel will cover service protocols, and how to process legal orders. It will cover customer and account identification, notification procedures, and determining the action to be taken. The session will also discuss some new cases in this area, deposit agreement best practices, and a new proposed legislation that would impact the garnishment of wages in a deposit account.

CALIFORNIA BANKERS ASSOCIATION • CELEBRATING 125 YEARS

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CALIFORNIA LEGISLATION AND LITIGATION UPDATE

STRATEGIES TO DEAL WITH ELDER FINANCIAL ABUSE

This session will provide in-depth look at the new bills and cases in California that a bank compliance professional needs to know about.

The CFPB has identified benchmarks in its Advisory for Financial Institutions on Preventing and Responding to Elder Financial Exploitation to help financial institutions assess and strengthen their current practices for preventing, detecting and responding to the financial exploitation of older people. What are your practices when a financial transaction comes to your attention which causes you to file an elder financial abuse report? Under what circumstances and conditions should you restrict an elder’s bank account or reject a transaction if you suspect elder financial abuse? Can you say no to an attorney-in-fact if you believe he/ she is acting improperly under a validly executed power of attorney? The speaker deals with elder financial abuse matters on a daily basis and will discuss lessons learned from his experiences and strategies financial institution employees can adopt when dealing with suspected elder financial abuse transactions. Legislation which has been adopted and proposed in other states which pertain to strategies to deal with elder financial abuse will also be discussed.



Leland Chan | SVP, General Counsel, California Bankers Association Since 2000, Leland Chan has been the general counsel for CBA, after serving for six years as associate counsel. In addition to advising the association on legal matters, he directs the litigation activities for the association, frequently acts as amicus curiae (“friend of the court”) in state and federal courts, and, in some cases, files suit on behalf of the industry. He is also responsible for regulatory matters affecting banking, frequently preparing comment letters on regulatory proposals, and analyzing new laws and regulations for CBA members.



Kevin Gould | SVP, Director of State Government Relations, California Bankers Association Kevin Gould joined the CBA in 2004, bringing with him more than seven years of legislative experience. Gould serves as one of CBA’s registered lobbyists, focusing mainly in the areas of bank operations, commercial lending, residential property lending, construction dispute resolution, wealth asset management and trust issues.



DEPOSIT DISCLOSURES – ARE YOU SMARTER THAN A 5TH GRADER? Are your deposit disclosures written in manner that make it easier for your customers to understand? More and more, we are expected to disclosure terms in a clear and straightforward manner. This, however, is easier said than done. What makes disclosures plain language? This session will discuss some plain language principles and design elements that may help improve consumer understanding and improve the readability of disclosures. We will also explore the risks and rewards of plain language disclosures.



Paul Shimotake | Senior Counsel, Wells Fargo Bank, NA Paul Shimotake is a senior counsel in the law department of Wells Fargo Bank, NA. His primary areas of practice are: deposit services and products; bank operations; electronic banking; compliance with state and federal laws and regulations relating generally to bank deposits and operations. Shimotake is a longtime member of the CBA’s Regulatory Compliance Committee and currently serves as chair. He is also a member and past-chair of the State Bar of California, Financial Services Committee, and past-chair of the San Francisco Bank Attorneys Association.

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NEW BENEFICIAL OWNERSHIP RULE This session will cover the newly released FinCEN rule on beneficial ownership and control of an account. The new rule will require banks to identify individuals controlling bank customers when opening a new account. Most banking services will qualify as an “account” under the rule. •

38TH ANNUAL REGULATORY COMPLIANCE CONFERENCE

Tanya Kazak | Vice President and BSA/AML Compliance Manager, Bank of the West Tanya Kazak has spent 12 of her 15 years in the banking industry working directly within the BSA/AML field. She previously held numerous AML related roles at a number of large and small financial institutions after beginning her career in retail banking and quickly realizing that she had a keen interest in BSA/AML and sanctions compliance fields. After serving as an AML internal auditor, she managed a team of investigators, performed EDD on high risk customers, and oversaw AML programs at various institutions. She received the Certified Anti-Money Laundering Specialist (“CAMS”) professional designation in 2007.

Laura Hansen | VP, Compliance Officer, Mechanics Bank Laura Hansen has been with Mechanics Bank for 17 years and in compliance for more than 9 of those years. She is responsible for managing updates to the account agreement as well as other disclosures. Hansen’s banking career spans more than 47 years with experience in both depository and lending compliance. She is a graduate of ABA’s compliance school and Pacific Coast Banker’s School (with honors).

Raymond Lynch | Senior Company Counsel, Wells Fargo Bank NA Raymond Lynch is senior company counsel with Wells Fargo Bank NA. His areas of legal responsibility involves advising the bank’s branch network system in 39 states and the District of Columbia on all aspects of consumer deposit account operations, including complying with federal and state laws affecting bank accounts, decedent and trust account issues, powers of attorney, fraud (including elder financial abuse), and resolution of customer complaints. Lynch has testified before state legislatures on, and participates in state working groups to draft proposed financial elder abuse legislation.

Peter Munoz | Counsel, Reed Smith, LLP Peter Munoz is counsel in the San Francisco office of Reed Smith, LLP. He focuses on all forms of real estate finance and commercial loan transactions, asset-based loans, intellectual property financing, securities-backed loans; capital-call bridge lending; letter of credit transactions. He also focuses on the innovation of new credit structures. He generally represents lenders in documenting complex credit transactions at the “front-end” and restructuring and enforcing defaulted credit transactions of such type, both inside and outside of the bankruptcy courts. His loan enforcement experience involves foreclosure on both real property and personal property assets.









Jiji Park | Partner, Pillsbury Winthrop Shaw Pittman LLP JiJi Park is a partner at Pillsbury Winthrop Shaw Pittman LLP. Her regulatory practice includes advising clients on laws and regulations applicable to the payments industry, including money transmission and other money services laws, unclaimed property laws, anti-money laundering laws, electronic fund transfer laws, and laws regarding required disclosures, expiration dates, fees and cash redemption. She has represented members of the prepaid industry in connection with closed-loop and open-loop programs, including e-wallets, loyalty and promotional programs, government benefit programs and payroll cards.

CALIFORNIA BANKERS ASSOCIATION • CELEBRATING 125 YEARS

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CONCURRENT SESSIONS — THURSDAY, OCTOBER 6, 2016 COMPLIANCE “BLIND SPOTS” IN COMMERCIAL LENDING Few phrases strike as much fear in the heart of a compliance officer as “commercial lending compliance.” From minor technical details to significant risk exposures, commercial lending compliance mandates have moved beyond just the basics of flood insurance and spousal signatures. In this session, we’ll cover: which regulations affecting commercial lending have changed since 2015 (and how those changes affect your institution); upcoming proposals that will or could affect commercial loan compliance; competitive pressures that affect compliance decisions around commercial lending; and case studies demonstrating how to quickly identify and mitigate the hidden risk exposures of commercial loans. •

Cyndi Carmichael, CRCM, CAMS | VP, Assistant Risk Manager, Bank of the Sierra Cyndi Carmichael has been in the banking world for more than 35 years. She started her career when checks were filed manually and has seen huge changes in the industry. She currently holds the position of assistant risk manager for Bank of the Sierra, a $1.8 billion bank and leads a 13-person team to support all areas of risk within the bank. Carmichael is certified as a CRCM and is certified through ACAMS as a Certified AntiMoney Laundering Specialist.



enforcement patterns and projected enforcement trends. Covered topics will include details of various banking activities which triggered enforcement, where the subject banks went wrong, and what your bank can learn from these actions and rulings. •

Steven Arnold is the general counsel and chief risk officer at Pacific Premier Bank. Previously he was a partner in the financial services group at Manatt, Phelps & Phillips, LLP. He also served as managing counsel at Toyota Financial Services. Arnold started in banking as a new accounts representative and has more than 20 years’ experience in the industry. His practice covers all areas of risk management and banking operations, including loan documentation, deposit operations, cash management services, BSA/AML/OFAC, consumer compliance, vendor management, privacy, etc.

Pam Purdue | EVP, Operations, Continuity Control Pam Purdue heads operations at Continuity Control, a CMS and RegTech solutions provider. Her team produces the quarterly “RegAdvisor Briefings” series and publishes the Banking Compliance IndexTM. Her more than 25-year career includes experience as a banker, regulator and technologist. This background gives Purdue a unique lens through which to view regulatory challenges. A sought-after speaker, her dynamic style and timely insights bring compliance solutions into clear focus.





Rick Freer | Senior Director Examination & Compliance Programs, American Bankers Association Rick joined the American Bankers Association in December 2011 after a career at the OCC, with the last 20 years focused on consumer compliance policy and examinations. He works on fair lending, UDAAP, flood, HMDA and CRA issues. He is on the ABA’s compliance schools advisory board, instructs at ABA school offerings, speaks at national and state banking conferences, and writes articles for the ABA’s Bank Compliance Magazine.

ENFORCEMENT ACTIONS This session will include a review of recent enforcement actions and legal rulings that could impact your bank. When it comes to issues that may trigger enforcement, banks are frequently required to distinguish between the dangerous and the scary. Some issues are scary but not dangerous (and vice versa). This session is designed to help banks distinguish between the two and focus on the real risks based on recent

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38TH ANNUAL REGULATORY COMPLIANCE CONFERENCE

Daniel Wheeler | Partner, Bryan Cave LLP Daniel Wheeler is a financial regulation partner at Bryan Cave LLP and co-leader of their financial technology team. For 18 years, he has advised banks, financial technology companies and other financial institutions on their most important challenges and opportunities. He is particularly adept at helping his clients innovate, including the design and upgrade of consumer and commercial financial products and business lines. He also helps clients solve significant regulatory challenges involving the Federal Reserve, FDIC, OCC, NCUA, CFPB and state financial regulators.

CRA/UDAAP/FAIR LENDING Really, is this just potpourri or are there real linkages between these three program areas? This session will discuss a holistic approach to mesh fair lending and UDAAP risk assessments, and HMDA and other loan data analyses to develop a complete and realistic risk profile. Also, considering these assessments and analyses in conjunction with your bank strategic goals, policies and procedures you can document the story your loan data actually tells and strengthen your CRA performance.

Steve Arnold | EVP, General Counsel & Chief Risk Officer, Pacific Premier Bank

DEFENSES TO CHECK FORGERY CLAIMS: A NEW TAKE ON AN OLD TOPIC While online and mobile banking continue to gain in popularity, old-fashioned checks still constitute a majority of banking transactions in the U.S. If you are just beginning your career, or if you are a banking operations or compliance veteran, learning or refreshing your memory as to how to effectively respond to customer claims of maker forgery and forged endorsement is a skill you must master to be successful. This multi-media presentation will provide you with a recap and explanation of a bank’s potential defenses to check forgery claims, and it will help you to meet the challenge of remembering the defenses over time in an entertaining new way. Recent developments will also be discussed. •

James Curtis | VP, Senior Counsel, Bank of the West James Curtis advises clients on retail banking operations and contracts. His contributions to the California banking industry include speaking at the CBA’s Regulatory Compliance Conference and Bank Counsel Seminar numerous times, serving as a member of the Regulatory Compliance Committee, and twice serving as co-chair of the Regulatory Compliance Conference. Curtis received CBA’s in-house banking attorney of the year award in 2015, the Almon McCallum Award, and CBA’s Compliance Professional Award in 2006. Curtis is an adjunct professor at the USC Law School, where he teaches courses in banking law and contracts. He also teaches contracts for the UCLA extension paralegal training program. In 2012, he received UCLA’s Distinguished Instructor Award.

CALIFORNIA BANKERS ASSOCIATION • CELEBRATING 125 YEARS

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