Photo of James M. Kane

Mr. Kane serves as the Co-Chair of the Financial Institutions group for Vedder Price. His practice is focused on financial institutions and their officers and directors. He serves his clients in a number of different capacities. He serves as the regulatory and corporate counsel for many institutions. Calling upon his experience as a regulator, as a past director of two different community banks, and as a private practitioner for nearly 20 years, Mr. Kane is able to offer practical and experienced legal advice that few attorneys can match. In this capacity, he has counseled clients on general corporate, regulatory and securities matters, on new products and on mergers and acquisitions.

On March 30, 2022, the Federal Deposit Insurance Corporation (the “FDIC”) issued a notice regarding a proposed Statement of Principles for Climate-Related Financial Risk Management for Large Financial Institutions (the “Principles”).  The notice also requests comments from the public on the proposed Principles.  The Principles are substantively similar to those issued by the Office of the Comptroller of the Currency on December 16, 2021.  As proposed, the Principles would create a high-level framework for the safe and sound management of exposures to climate-related financial risks.

Continue Reading UPDATE: FDIC Issues Proposed Statement of Principles for Managing Exposure to Climate-Related Financial Risks

On March 31, 2022, the Federal Deposit Insurance Corporation (the “FDIC”) published a Request for Information in the Federal Register (the “ROI”) soliciting comment from the public concerning the application of the laws, practices, rules, regulations, guidance, and statements of policy that apply to merger transactions involving banks, including mergers between banks and

Please join James M. Kane and James W. Morrissey, Co-Chairs of the Financial Institutions Group, and Mark C. Svalina, Associate, at Vedder Price, for a webinar presentation on regulatory, compliance and related issues banks can expect to encounter in 2022.
Continue Reading Banking Update Webinar- What to Expect in 2022

On November 18, 2021, the Office of the Comptroller of the Currency (OCC), the Federal Deposit Insurance Corporation (FDIC), and the Board of Governors of the Federal Reserve System (FRB) (each, an “Agency” and, collectively, the “Agencies”) finalized a uniform regulation, codified at 12 C.F.R. Part 53, 12 C.F.R. Part 225.300 and 12 C.F.R. Part 304, with the stated purpose of improving the sharing of information about cybersecurity incidents harmful to the U.S. banking system (the “Regulation”). Pursuant to the Regulation, banks will be required to notify their primary federal regulatory Agency within thirty-six (36) hours of “any significant computer-security incident.”

Continue Reading Federal Bank Regulators Expand Duty to Notify after a Cybersecurity Event

Effective January 1, 2021, the National Defense Authorization Act for Fiscal Year 2021 (the “Act”) became law. Among other provisions, the Act contains the most significant changes to the Bank Secrecy Act (the “BSA”) since 2001. Most significantly, the Act requires the Department of the Treasury, through the Financial Crimes Enforcement Network (“FinCEN”), to adopt regulations within one year that will establish a framework by which smaller, closely held businesses, regardless of the type of enterprise (e.g., corporation, limited liability company or partnership) will be required to disclose their beneficial ownership to FinCEN.

Continue Reading BSA/AML Update: Significant New Requirements Ahead