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, 2014-2015
- AV® Peer Review Rated Preeminent by Martindale-Hubbell® Law Directory
Speeches and Publications
- "Responding to a Data Breach," panelist, American Bankers Association Annual Convention, Dallas, Texas, October 2014.
- "Social Media Guidance to Financial Institutions," co-author, Social Media for Financial Services, Sprinklr, June 30, 2014.
- "Responding to Examination Findings," co-author with Scott Almy and Bonita G. Jones, American Bankers Association Bank Compliance Magazine, April 22, 2014.
- "Identifying Common Themes in Recent Enforcement Actions," moderator, 19th Annual International AML & Financial Crime Conference, Hollywood, Florida, March 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.
- "Consumer Complaints: Friend or Foe - Leveraging Complaint Management," ABA Regulatory Compliance Conference, San Diego, California, June 2010.
- Faculty, Southwestern Graduate School of Banking, 2012-2014.
10/20/2014 - CFPB Relaxes Rules Governing Privacy Disclosures
The Consumer Financial Protection Bureau (“CFPB”) announced today that it would allow financial institutions to provide their privacy notices to consumers online and would no longer require annual distribution of paper copies, provided that the institutions meet certain requirements.
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, Erin Burrows England 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.