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Financial Services Industry Regulatory Compliance & Ethics Forum 2013


Speaker(s): Allegra J. Lawrence-Hardy, Andrew M. Calamari, Brian C. Loutrel, Clifford E. Kirsch, Kathryn S. Reimann, Lisa M. Belle, Patricia M. Zweibel, Peter Feeley, Sharie A. Brown, Sung-Hee Suh, Tanya L. Forsheit
Recorded on: Oct. 30, 2013
PLI Program #: 43255

Lisa Belle is the Head of Financial Crime Advisory for Barclays Wealth Americas, the wealth management division of Barclays Capital Inc. This role includes coverage of Barclays Wealth Trustees, a Delaware based trust company. Lisa covers compliance with U.S. & UK AML, Sanctions and Anti-Bribery and Corruption laws. Prior to taking her current position in 2010, she was an Associate General Counsel for Citi, covering AML and FCPA matters in wealth management and capital markets. Subsequent to Cit, Lisa was a Deputy Head of AML Compliance at UBS Investment Bank in New York. Her experience also includes 5 years at Anderson Consulting/Accenture in the Financial Services practice.
 
Lisa graduated from Miami University in Oxford Ohio and received her JD from Case Western Reserve University in 1995. She also received an MBA from Cleveland State's Nance College of Business. She is a member of the AML Committee of the Securities Industry Financial Markets Association (SIFMA) and the Ohio bar.


Shari Brown represents audit committees and corporate management in corporations before government enforcement agencies, and conducts internal investigations, compliance audits and due diligence in the areas of the Foreign Corrupt Practices Act (FCPA) and UK Bribery Act, OFAC compliance and export controls, corporate ethics and compliance, procurement frauds, Economic Espionage Act (EEA) and USA Patriot Act anti-money laundering. (Prior to DLA Piper, Ms. Brown was a practice group chair at another law firm.)  Ms. Brown was also senior counsel at Mobil Oil Corporation, where she served as the Company's ethics, compliance and conflicts of interest officer. In addition to preparing compliance programs and training materials, Ms. Brown also represents companies regarding Dodd-Frank whistleblower complaints.

She is a lauded former federal prosecutor for financial fraud and securities prosecutions. She is a member of the Sanctions Subcommittee of the Department of State's Advisory Committee on International Economic Policy. The National Bar Association's Greater Washington Area Chapter Women Lawyers Division honored her as a Distinguished Attorney, and the Ethisphere Council named Ms. Brown to its list of 2009 "Attorneys Who Matter" in FCPA compliance.


Allegra Lawrence-Hardy, a member of Sutherland's Litigation Practice Group and co-leader of the Business and Commercial Litigation team, has extensive experience handling complex multi-party, multi-jurisdictional commercial and labor and employment matters. She has successfully defended primarily Fortune 100 companies throughout the United States and abroad in numerous trials, arbitrations and other forms of alternative dispute resolution. Allegra has extensive experience negotiating complex settlements and finding creative solutions. She is regularly quoted in the media as a leading practitioner in her field. She also is a member of the firm's Executive Committee.

Allegra has received various honors and awards, including being recognized by Chambers USA: Guide to Leading Business Lawyers and Best Lawyers in America. She also was named to the National Bar Association and IMPACT's 2011 Nation's Best Advocates and is repeatedly listed as an Atlanta Magazine "Super Lawyer" and "Top 100 Lawyers," as well as among the "Legal Elite" by Georgia Trend magazine.

Before joining Sutherland in October 1997, Allegra served as a law clerk for the Honorable Susan H. Black of the U.S. Court of Appeals for the Eleventh Circuit.

For her complete biography, please visit www.sutherland.com/allegra_lawrence-hardy.


Pete Feeley currently serves as the Corporate Chief Compliance Officer for The Guardian Life Insurance Company of America. In this capacity, Pete is responsible for strategy setting and oversight of all of Guardian's compliance and business ethics program activities and initiatives, as well as providing guidance to the Board and senior management team on compliance related matters.
 
Previously, Pete was the Interim General Counsel / Senior Vice President, Business Law and Compliance for Lincoln Financial Group where his responsibilities included advising the CEO and his management team, as well as the Board and Audit Committee, on a broad range of legal, regulatory, compliance and public policy issues.
 
Earlier in his career, Pete held a variety of senior business, attorney and compliance roles at Prudential Financial, including Chief Operations Officer for the Company's Law, Compliance and Business Ethics Department. In that capacity, he was responsible for coordinating the Company's Compliance Plan submissions to the Audit Committee and the United States Attorney's Office.
 
Prior to joining Prudential, Pete was an attorney in private practice where he represented corporate clients on a variety of regulatory and litigation matters.
 
Pete holds a BA in Business Administration & Political Science from Rutgers College, a MS in Management from the New Jersey Institute of Technology and a JD, with Honors, from Seton Hall Law School. He is admitted to practice before the New Jersey and Pennsylvania state bars, as well as United States District Court for the District of New Jersey. He also previously held Series 6 and 26 FINRA registrations.


Cliff Kirsch began his career at the U.S. Securities and Exchange Commission (SEC), became chief legal officer for one of the country’s largest dually- registered broker-dealer/advisers and then joined Sutherland (now Eversheds Sutherland) in 2006. He relies on his regulatory and in- house background and an up-to-date knowledge of regulatory developments to provide practical and innovative counsel to broker-dealers and investment advisers in the areas of securities regulation and compliance.

With more than 25 years of experience, Cliff regularly counsels clients on the design and distribution of investment products including wrap-fee programs and other advisory products, mutual funds, bank collective investment funds and insurance products. He also focuses on issues related to the design and implementation of compliance programs at financial services firms.

While at the SEC, Cliff received the Manuel F. Cohen Award, which recognizes younger lawyers who have displayed outstanding legal ability, integrity and judgment and he served as assistant director of the SEC's Division of Investment Management.

Cliff is a frequent speaker at industry conferences, and is the author and editor of two of the leading treatises in the broker-dealer and adviser arena: Broker-Dealer Regulation and Investment Adviser Regulation (published by the Practising Law Institute).

Cliff is also co-founder of the Julia Anne Kirsch Foundation, which seeks to serve the needs of disabled individuals and their families.

Experience

Eversheds Sutherland counsels a coalition of major life insurance companies on evolving state and federal regulations and other legal developments.

Eversheds Sutherland represents a coalition of major life insurance companies, which collectively account for more than 80% of the annuity business in the United States, in their efforts to affect the direction and details of various SEC, FINRA, CFTC, NAIC and state rule proposals and initiatives.

Eversheds Sutherland serves as outside counsel on broker-dealer and adviser regulatory issues for one of the largest independent broker-dealer networks in the country.  Eversheds Sutherland serves as regular primary outside counsel on broker-dealer and adviser regulatory issues for one of the largest independent broker-dealer networks in the country.

Eversheds Sutherland represents coalition of collective trust fund sponsors, advisers and other service providers.

Eversheds Sutherland serves as counsel to the Coalition of Collective Trust Funds. Among other things, Sutherland monitors and reports on legal and regulatory matters affecting collective trust funds.

Professional Activities

Member, New York City Bar Association

Faculty, FINRA Compliance Institute at The Wharton School of the University of Pennsylvania

Former Chair, FINRA Variable Products Committee

Former Board Member, National Society of Compliance Professionals


Kathryn S. Reimann is the Chief Compliance Officer and Managing Director for Citibank, N.A., as well as for Citi’s Global Consumer Businesses. In this role, Kathryn leads the Compliance function covering the Bank’s compliance responsibilities, as well as the retail and commercial  banking, credit card, secured and unsecured lending, and other consumer finance and investment businesses that form the Global Consumer Bank.

Kathryn joined Citi in August 2006 from American Express, where she had been Senior Vice President, Chief Compliance & Ethics Officer. Prior to joining American Express in 1998, Kathryn was Senior Vice President, Chief Compliance Officer and a Senior Counsel of Lehman Brothers, Inc. Kathryn began her career as a litigation attorney, initially with the firm of Curtis, Mallet-Prevost, Colt & Mosle and thereafter in the General Counsel’s Office of Dean Witter Reynolds. Previously, she clerked for Associate Justice Stewart G. Pollock of the New Jersey Supreme Court.

A graduate of Princeton University, Kathryn completed her undergraduate degree and thesis with honors at Princeton's Woodrow Wilson School of Public and International Affairs. She received her JD from New York University School of Law.

Kathryn serves on the NYU School of Law Program on Corporate Compliance & Enforcement Advisory Committee and is a member of the American Law Institute.


Patricia M. Zweibel
Counsel, Skadden, Arps, Slate, Meagher & Flom LLP
Political Law

Patricia Zweibel advises clients on government affairs matters at the federal, state and local levels, including ethics, lobbying, pay-to-play, conflict-of-interest and campaign finance.

Ms. Zweibel is known for her experience with state and federal pay-to-play laws, particularly SEC pay-to-play Rule 206(4)-5, and she advises clients extensively on compliance policies, procedures and implementation. She conducts employee training sessions on pay-to-play compliance and works with clients on internal investigations and SEC audits. She also advises on the placement agent rules and policies of state and local public pension systems.

Ms. Zweibel represents clients before federal enforcement agencies such as the Office of Congressional Ethics and the Department of Justice, and before state enforcement agencies and ethics commissions. She regularly advises clients on federal and state lobby registration laws, in particular compliance with the Lobbying Disclosure Act and the Foreign Agents Registration Act. She also advises clients on municipal advisor issues under Dodd-Frank, and on compliance issues raised under the Stop Trading on Congressional Knowledge Act (the STOCK Act), which confirms that insider trading provisions in the ‘34 Act and Rule 10b-5 apply to Congress and other federal officials.

Ms. Zweibel also counsels clients on the tax law issues raised by government affairs activity, including issues of tax-exempt entities engaged in political affairs and lobbying, the tax treatment of lobbying expenses, and grassroots lobbying. In addition, she advises clients on tax matters of IRC Section 527 organizations (PACs).

Ms. Zweibel is a co-author of the Practising Law Institute’s “Corporate Political Activities Deskbook.”

Education

LL.M. in Taxation, Georgetown University Law Center, 2009 (with distinction; Dean’s List)
J.D., University of Maryland School of Law, 2000 (with honors)
B.M., Eastman School of Music, 1984

Bar Admissions

District of Columbia
Maryland

Authorships

Co-Author, “Corporate Political Activities Deskbook,” Practising Law Institute (2012)

Professional Experience

Senior Counsel (2006-2008) and Attorney-Adviser (2000-2006), Internal Revenue Service, Office of Associate Chief Counsel, Income Tax & Accounting


Widely considered one of the country’s top privacy and data security counselors and litigators, Tanya Forsheit has advised on high-profile matters involving confidential data and other sensitive information for nearly 20 years.

Ms. Forsheit is Co-Chair of the Privacy & Data Security Group, and a partner in the Technology & Digital Media, Litigation, and Advertising, Marketing & Public Relations groups. She represents multi-national and emerging companies in the media, entertainment, consumer products, healthcare, technology and professional services industries. She counsels clients facing data security breaches and defends against allegations that they mishandled sensitive customer or employee information.  She advises on the protection, storage and monetization of confidential data, including privacy policies, mobile apps, cloud computing, SaaS, smart devices and data analytics. Ms. Forsheit has advised on more than 100 data security breaches and regularly appears in federal and state court litigation, and has advised clients in matters before the Federal Trade Commission and California and other state Attorneys General.

Her representative litigation matters include:

Successfully defeated class certification on behalf of a healthcare technology company in a privacy class action in which plaintiffs sought recovery of more than $40 million for alleged unlawful transmission of faxes relating to HIPAA compliance;

Defended a greeting card company in a putative class action alleging violations of the Telephone Consumer Protection Act (TCPA);

Represented online coupon company in John Doe litigation asserting claims under the Computer Fraud and Abuse Act and the Digital Millennium Copyright Act for illegal scraping of company’s website content;

Won preliminary and permanent injunction and prevailed on summary judgment on behalf of online gaming company as plaintiff in Lanham Act and Anti-Cybersquatting Act lawsuit;

Successfully defended third party administrator in several suits alleging invasion of privacy and breach of medical confidentiality in violation of California’s Confidentiality of Medical Information Act — including a dismissal under California’s anti-Strategic Lawsuits Against Public Participation (“SLAPP”) statute;

Defended text-messaging software platform in purported class actions asserting platform users violated the TCPA by allegedly failing to obtain consent to send marketing text messages.

In addition to her privacy and data security practice, Ms. Forsheit advises on intellectual property matters, and she has represented motion picture studios and television networks in copyright litigation.  She also has experience in antitrust matters, representing a cable company in a purported class action alleging a tying arrangement.

Chambers USA, IT Law Experts, Who’s Who Legal, and Super Lawyers have all praised Ms. Forsheit for her privacy, data security and technology work, and the Los Angeles Daily Journal has twice included her in its list of "Top Women Litigators." Ms. Forsheit lectures widely on technology law topics and has been quoted on privacy and data security in publications such as the Los Angeles Times, Forbes, ComputerWorld, Venture Beat, and Law360.

She is certified as an information privacy professional by the International Association of Privacy Professionals (IAPP). Ms. Forsheit is a past President of the Women Lawyers Association of Los Angeles; and is a member of the American Bar Association: Science and Technology Law Section; the Los Angeles County Bar Association: Entertainment Law and Intellectual Property Section (ELIPS), Executive Committee; and the California Bar: Business Law Section, Cyberspace Committee.

Prior to joining Frankfurt Kurnit, she was a partner with BakerHostetler, and a founding partner of InfoLawGroup LLP, one of the nation’s leading privacy and data security boutiques.


ANDREW M. CALAMARI is the Director of the Commission’s New York Regional office.  He served as Associate Director and co-head of Enforcement in New York for eight years before assuming his present position.  Before coming to the Commission in 2000, Mr. Calamari was engaged in private law practice for nearly 15 years, including as a litigation partner at Donovan Leisure Newton & Irvine.  He has co-authored a treatise on Complex Litigation and is co-author of the securities litigation chapter in a Matthew Bender treatise on securities law.


Brian Loutrel is a Vice President at New York Life Insurance Company in charge of anti-money laundering compliance, privacy/information security compliance as well as business conduct/ethics compliance programs.  Brian is the Anti-Money Laundering Compliance Officer for New York Life Insurance Company, New York Life Insurance and Annuity Corporation, and NYLIFE Securities LLC.  In addition, Brian is New York Life’s Chief Privacy Officer and Chief Ethics Officer.

Brian joined New York Life in June 1982 after graduating from Barry University in Miami, Florida.  During his tenure with New York Life, Brian spent fifteen years with the Corporate Audit Department conducting operational and information systems audits and fraud investigations, and the last sixteen years with the Corporate Compliance Department, where he has managed several divisions, including branch office compliance examinations, agent licensing and FINRA registration, complaint handling, sales material review and the handling of regulatory inquiries and examinations.

Brian is New York Life’s representative on the Anti-Money Laundering Committee and the Insurer Corporate Confidentiality Task Force of the American Council of Life Insurers (ACLI).  He is a Certified Internal Auditor, a Certified Financial Services Auditor, and holds FINRA’s Series 7, 24 and 63 registrations.  Brian also is a member of LIMRA’s Regulatory Compliance Committee.  He also has memberships in the Association of Certified Anti-Money Laundering Specialists and the International Association of Privacy Professionals, and over the years has spoken at numerous seminars and conferences about the insurance industry’s AML/OFAC compliance efforts and privacy / information security issues.


Sung-Hee Suh is the Deputy Assistant Attorney General overseeing the Fraud, Appellate and Capital Case Sections in the Criminal Division of the U.S. Department of Justice.  Her responsibilities include supervising cases involving the Foreign Corrupt Practices Act (“FCPA”), securities and commodities fraud, health care fraud and government program fraud, as well as formulating federal enforcement policies on white-collar crime and coordinating interagency, multi-district and international law enforcement efforts.  Ms. Suh re-joined the Justice Department in September 2014 following 15 years at the New York law firm of Schulte Roth & Zabel LLP, where she was a partner in the Litigation Group and handled numerous securities and commodities fraud, FCPA, Bank Secrecy Act, anti-money laundering and economic sanctions matters.  She previously served as an Assistant U.S. Attorney in the Eastern District of New York, including as Deputy Chief of the Organized Crime and Racketeering Section.  She graduated from Harvard College, Harvard Graduate School of Arts and Sciences, and Harvard Law School.