In the News

Best Lawyers’ “2014 Lawyers of the Year” Highlights Four Haynes and Boone Lawyers

Four Haynes and Boone, LLP lawyers have been named Best Lawyers’® “2014 Lawyers of the Year” for their practice areas. >>



Recent Publications

American Bankers Association Bank Compliance Magazine Guest Article: Responding to Examination Findings

Amid the industry's efforts to emerge from the global financial crisis, banks now encounter a new era in examination management. This era is marked by continuing regulatory uncertainty, economic instability, and heightened expectations from prudential regulators. >>



John Podvin

Counsel

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5059
F +1 214.651.5490

Areas of Practice

Education

  • J.D., University of Wisconsin Law School, 1991
  • Georgetown University, 1988

Bar Admissions

  • Texas, 1995
John Podvin

John Podvin has more than 20 years of regulatory agency, law firm and corporate experience. He advises corporate boards, board committees, and members of management on federal and state banking laws and government investigations, and has served as primary liaison to federal bank regulators. He led a team of lawyers in summarizing the Dodd-Frank Wall Street Reform and Consumer Protection Act and was invited to testify before the Texas House of Representatives Pensions, Investments and Financial Services Committee and the Texas Senate Business and Commerce Committee concerning the implementation of the Act. Currently, he is advising clients on the implementation of the Dodd-Frank Act.

During his corporate career with an NYSE-listed parent company to a $16 billion bank, he advised the board and management on compliance with applicable law, with specific emphasis on compliance management, government relations, anti-money laundering, fair lending, insider lending, affiliate transactions, legal lending limits, privacy, ethics, and other regulatory issues. In addition, in his role as deputy general counsel and chief compliance officer he actively participated in the formulation and support of enterprise-wide policies and strategic initiatives. He supervised and coordinated investigations triggered by consumer complaints and calls to the ethics hotline required by Sarbanes-Oxley. He coordinated and acted as primary liaison for all examinations with federal bank regulators. Finally, he served as a member of the parent company's disclosure committee.

As an outside counsel, John has assisted financial institutions with regulatory compliance, mergers and acquisitions, government investigations, enforcement actions and litigation. He works closely with financial institutions in developing new products and services, including electronic banking services, Internet services and other forms of information technology. John also works closely with financial institutions in various industries that are subject to anti-money laundering laws.

Honors and Recognition

  • Named by Best Lawyers as a "2014 Lawyer of the Year" in Financial Services Regulation Law
  • Recognized in Best Lawyers in America for Financial Services Regulation Law, 2014
  • AV® Peer Review Rated Preeminent by Martindale-Hubbell® Law Directory

Speeches and Publications

  • "Identifying Common Themes in Recent Enforcement Actions," moderator, 19th Annual International AML & Financial Crime Conference, Hollywood, Florida, March 2104.
  • "Responding to Examination Findings," co-author with Scott Almy and Bonita G. Jones, American Bankers Association Bank Compliance Magazine, April 22, 2014.
  • "Critical Compliance Risks Your Bank Faces" and " Working with Your Regulators," presenter, Southwestern Graduate School of Banking 137th Assembly for Bank Directors, Halifax, Nova Scotia, Canada, September 2013.
  • "Responding to Exam Findings," panelist, American Bankers Association ("ABA") Regulatory Compliance Conference, Chicago, Illinois, June 2013.
  • "How Are Financial Institutions Implementing the New FinCEN SAR Filing Requirements?" moderator, Association of Certified Anti-Money Laundering Specialists Roundtable, April 2013.
  • A Look at Proposed FFIEC Guidance: "Social Media: Consumer Compliance Risk Management Guidance," co-author with David Bell and Annie Chen, The Banking Law Journal, April 2013.
  • "Going Beyond Required Testing – How Can AML Audit Better Support AML Compliance," panelist, 18th Annual International Anti-Money Laundering & Financial Crime Conference, Hollywood, Florida, March 2013.
  • "How Will the CFPB’s New Mortgage Rules Impact the Market?" quoted, BankDirector.com, February 2013.
  • "The Nation State and Its Banks: The International Regulation of Financial Institutions, Financial Products and Sovereign Debt," panelist, Texas International Law Journal Symposium, Austin, Texas, February 2013.
  • "Will the New Rules on Compensation Risk Really Help?" quoted, BankDirector.com, November 2012.
  • "Washington and Texas Legal Outlook," 21st Annual Compliance Conference, Dallas Area Compliance Association, September 2012.
  • "Dodd-Frank Act: What We Know Now," Big D Treasury Conference, Dallas Association for Financial Professionals, September 2012.
  • "The New Anatomy of Product Design, Implementation and Servicing," ABA Regulatory Compliance Conference, Orlando, Florida, June 2012.
  • "The Dodd-Frank Wall Street Reform and Consumer Protection Act," Invited Testimony Before the Texas House of Representatives Committee on Pensions, Investments and Financial Services, April 2012, August 2010.
  • "Do the Dodd-Frank Act Whistleblower Provisions Protect AML Professionals?" 17th Annual International Anti-Money Laundering Conference, Hollywood, Florida, March 2012. 
  • "Suing, Defending and Negotiating with Financial Institutions," Texas Bar CLE, Course Director, Houston, Texas, February 2012.
  • "Compliance in this Topsy Turvy Regulatory World," and "The New Examination Environment: What Directors Need to Know," Southwestern Graduate School of Banking 134th Assembly for Bank Directors, Wailea, Maui, Hawaii, January 2012.
  • "The Changing Exam Culture," panelist, ABA Regulatory Compliance Conference, Washington, D.C., June 2011.
  • "Dodd-Frank Act: What We Know Now," co-author with John Heasley, Texas Bar CLE on Suing, Defending and Negotiating with Financial Institutions, Dallas, Texas, April 2011.
  • "Finance Reform," co-author with Eric Terry and Kendra Mayer, Association of Corporate Counsel, South/Central Texas Chapter Newsletter, Spring 2011.
  • "Ethics Matters in Banking!" Hawaii Financial Regulatory Compliance Association, Honolulu, Hawaii, October 2010.
  • "Regulatory and Practical Issues to Consider When Borrower (and its Counsel) Begins Workout Negotiations with a Bank Lender,"44th Annual Mortgage Lending Institute, Austin, Texas, September 2010.
  • "A Comprehensive Overview of Dodd-Frank Wall Street Reform and Consumer Protection Act," Texas Bankers Association Webinar, August 2010.
  • "A Comprehensive Overview of Dodd-Frank Wall Street Reform and Consumer Protection Act," Haynes and Boone Webinar, July 2010.
  • "Consumer Complaints: Friend or Foe - Leveraging Complaint Management," ABA Regulatory Compliance Conference, San Diego, California, June 2010.
  • "Ethics for Difficult Times," ABA Regulatory Compliance Conference, Orlando, Florida, June 2009.
  • "Troubled Assets Relief Program and Public-Private Investment Programs," Rep. Eddie Bernice Johnson's Economic Recovery Workshop, Dallas, Texas, April 2009.
  • "Tune up your Breach Response Program," ABA Regulatory Compliance Conference, Orlando, Florida, June 2006.
  • Faculty, Southwestern Graduate School of Banking, 2012-2013.

Memberships

  • American Bankers Association, Legislative Liaison Advisory Committee, 2007-present
  • American Bankers Association, Compliance Executive Committee, 2005-2008
  • Association of Anti-Money Laundering Specialists, DFW Chapter Board of Directors, 2010-present
  • State Bar of Texas, Business Law Section, Chair Elect
  • Dallas Area Compliance Association, Member 
  • Texas Association of Bank Counsel, Board of Directors, 2001-2004; President, 2011-2012
  • Texas Bankers Association, Government Relations Council, 2008-2009

Online Publications

04/22/2014 - American Bankers Association Bank Compliance Magazine Guest Article: Responding to Examination Findings
Amid the industry's efforts to emerge from the global financial crisis, banks now encounter a new era in examination management. This era is marked by continuing regulatory uncertainty, economic instability, and heightened expectations from prudential regulators.

01/03/2014 - Final FFIEC Guidance - "Social Media: Consumer Compliance Risk Management Guidance"
On December 17, 2013, the Federal Financial Institutions Examination Council (the “FFIEC”) issued the Social Media: Consumer Compliance Risk Management Guidance for financial institutions.

03/27/2013 - Banking Law Journal Guest Article: A Look at Proposed FFIEC Guidance: "Social Media: Consumer Compliance Risk Management Guidance"
On January 23, 2013, the Federal Financial Institutions Examination Council (“FFIEC”) issued a notice for comment on its proposed guidance, Social Media: Consumer Compliance Risk Management Guidance (the “Guidance”).

02/14/2013 - A Look at Proposed FFIEC Guidance: “Social Media: Consumer Compliance Risk Management Guidance”
On January 23, 2013, the Federal Financial Institutions Examination Council (FFIEC) issued a notice for comment on its proposed guidance, Social Media: Consumer Compliance Risk Management Guidance.

11/15/2011 - Consumer Financial Protection Bureau Publishes Enforcement Notice
On November 7, 2011, the Consumer Financial Protection Bureau (“CFPB”) announced that it will provide financial companies and individuals who are the subject of potential enforcement actions with an “Early Warning Notice Letter.”

09/20/2011 - Weathering the Storm: Living Will Requirement under Dodd-Frank
On September 13, 2011, the Board of Directors of the Federal Deposit Insurance Corporation (“FDIC”) unanimously approved a final rule implementing Section 165(d) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Rule”). The Dodd-Frank Rule requires (i) bank holding companies with $50 billion or more in assets and (ii) nonbank financial institutions, such as insurance companies and investment banks that are designated as “systemic” by the Financial Stability Oversight Council to create and submit “living wills.”

09/06/2011 - FDIC and FinCEN Hit Ocean Bank with $10.9 Million Penalty: Bank Fined Seven Percent of Book Value for Ineffective Compliance Program
On Monday August 22, 2011, the FDIC, Treasury’s Financial Crimes Enforcement Network (“FinCEN”) and Florida’s Office of Financial Regulation announced civil money penalties of $10.9 million and a two-year deferred prosecution agreement against Ocean Bank (“the Bank”) in Miami, FL.

05/28/2010 - Revisiting the FDIC’s “Superpowers”: Contract Repudiation and D’Oench Duhme
In this article, the Erin Burrows and F. John Podvin, Jr. briefly review the Federal Deposit Insurance Corporation’s powers to facilitate a failed bank’s orderly liquidation, dissolution, asset sale and/or merger. When a bank is declared insolvent, the authors advise all counterparties to review the specific provisions of their contracts with the failed bank to evaluate the likelihood of, and prepare a response to, the receiver’s exercise of its repudiation powers and authority under the D’Oench Duhme doctrine.

03/12/2010 - John Podvin: Commercial Real Estate Lending Tightens Guideline Enforcement
Have North Texas banks overindulged on commercial real estate loans? John Podvin comments in the Dallas Business Journal.

02/23/2010 - Weathering the Storm: The FDIC’s Authority to Repudiate Contracts
The current economic climate has led to a dramatic increase in bank failures over the past few years. In 2009 alone, 140 banks failed, compared to 26 bank failures in 2008 and only 3 bank failures in 2007. The Federal Deposit Insurance Corporation (the “FDIC”) recently announced that it has 702 banks on its “Problem List” as of December 31, 2009, up 27 percent from 552 banks on September 30, 2009. This acute trend has heightened the awareness and interest in the role of the FDIC as receiver of a failed bank.

09/09/2009 - Weathering the Storm: Guidelines Issued for Private Equity Investors Acquiring Failed Banks or Thrifts
The interest from the private equity community in filling the growing capital gaps that exist in the balance sheets of U.S. banks has spurred the FDIC Board to adopt a Final Statement of Policy on Qualifications for Failed Bank Acquisitions (the “Policy Statement”). The Policy Statement, published on September 2, 2009, provides private equity investors with guidelines for acquiring failed banks or thrifts.

08/01/2009 - Financial and Economic Crisis: When Does Too Much Regulation Tip The Scale?
Metropolitan Corporate Counsel interviews John Podvin, Of Counsel at Haynes and Boone in Dallas, about the government's response to the economic crisis. Mr. Podvin draws on his experience in banking, corporate and other regulatory matters to evaluate what is working, what isn't, and what businesses can expect moving forward.

05/21/2009 - Weathering the Storm: Are Your Deposits Insured?
The Federal Deposit Insurance Corporation (the “FDIC”) is celebrating its 75th anniversary this year, and due to the economic downturn, 2009 will pose a substantial challenge to the FDIC. FDIC Chairman Sheila C. Bair said in a recent speech that “No one has ever lost a penny of an insured deposit.” President Obama stated during his first address to a joint session of Congress, “You should also know that the money you’ve deposited in banks across the country is safe; your insurance is secure; you can rely on the continued operation of our financial system. That is not a source of concern.” These two quotes help set the tone that the Government stands behind the security of “insured” deposits.

04/06/2009 - Public-Private Investment Program
On March 23, 2009 the Treasury Department, in conjunction with the Federal Deposit Insurance Corporation (“FDIC”) and the Board of Governors of the Federal Reserve System (the “Federal Reserve”), announced the creation of the Public-Private Investment Program (“PPIP”), which is designed to provide public support to catalyze the purchase and sale of legacy assets through Public-Private Investment Funds (“PPIF”).

03/25/2009 - Weathering the Storm: U.S. Treasury Public-Private Investment Program
On March 23rd, the Treasury Department announced its Public-Private Investment Program (“PPIP”). The PPIP is designed to provide the public support necessary to catalyze the purchase and sale of legacy assets the diminished market for which is presently creating uncertainty on the balance sheets of financial institutions and thereby limiting their access to equity capital, and curtailing their lending activity.