Partner, Oliver Wyman
Douglas Elliott is a Partner at Oliver Wyman in New York, where he focuses on financial regulation and associated public policy issues and their implications for the financial sector.
He analyzes a wide range of issues and has published papers on such diverse topics as “Financial Institutions in an Age of Populism,” “Data Rights in Finance,” and “Tackling Global Market Fragmentation in Banking.” He has also written extensively on the impacts of capital and liquidity requirements, including a 150-page literature review in 2016, which followed on an earlier study for the IMF. Recently he addressed the finance ministers and central bank governors of the 28 EU member states on the topic of “Rebooting Capital Markets Union.”
Prior to joining the firm, he was a Fellow in Economic Studies at The Brookings Institution, generally ranked as the world’s top think tank. He primarily analyzed financial institutions and markets and their regulation, along with extensive analysis of the Euro Crisis. He has twice been a Visiting Scholar at the International Monetary Fund. Mr. Elliott also worked as a consultant for the IMF, the World Bank, and the Asian Development Bank. Prior to Brookings, he was a financial institutions investment banker for two decades, principally at J.P. Morgan.
He has testified multiple times before both houses of Congress and participated in numerous speaking engagements, as well as appearing widely in the major media outlets. The New York Times has described his analyses as “refreshingly understandable” and “without a hint of dogma or advocacy.”
Mr. Elliott graduated from Harvard College magna cum laude with an A.B. in Sociology in 1981. In 1984, he graduated from Duke University with an M.A. in Computer Science.
Executive Director, Milken Institute Center for Financial Markets
Michael S. Piwowar is the executive director of the Milken Institute Center for Financial Markets. Dr. Piwowar served as a Commissioner at the U.S. Securities and Exchange Commission from August 15, 2013 to July 6, 2018. He was first appointed to the SEC by President Barack Obama and was designated Acting Chairman of the Commission by President Donald Trump from January 23, 2017 to May 4, 2017. He was previously the Republican chief economist for the U.S. Senate Committee on Banking, Housing, and Urban Affairs under Senators Mike Crapo (R-ID) and Richard Shelby (R-AL) and served as the lead Republican economist on the four SEC-related titles of the Dodd-Frank Act and the JOBS Act. During the financial crisis and its immediate aftermath, Dr. Piwowar served in a one-year fixed-term position at the White House as a senior economist at the President’s Council of Economic Advisers (CEA) in both the George W. Bush and Barack Obama Administrations. Before joining the White House, Dr. Piwowar worked as a Principal at the Securities Litigation and Consulting Group (SLCG). He received a B.A. in Foreign Service and International Politics from the Pennsylvania State University, an M.B.A. from Georgetown University, and a Ph.D. in Finance from the Pennsylvania State University.
Former Commissioner, The Commodity Futures Trading Commission
Dawn Stump is a senior leader and regulatory expert in domestic and international financial services. Her experience and thought leadership have tactically identified potential risks and initiated regulatory and systemic solutions to protect industries, infrastructures, and economies. Based on her global perspective and industry expertise, Dawn is able to raise critical financial services issues to the board level and/or the global stage as business environments fluctuate. She is widely respected for her leadership, bipartisanism, and consensus building among senior government officials, senior regulatory ministry officials, corporate, and academic leaders worldwide.
Recently, she completed her term as a Commissioner of the CFTC, the independent U.S. agency that regulates the $200+ Trillion derivatives market. As one of five Commissioners, she helped to shape the priorities of the agency while overseeing policy direction and internal planning. Dawn prioritized sector resilience in evolving global markets through robust regulatory strategies necessary during market volatility and changing economic environments. Within the agency, she also championed the importance of enterprise-wide risk management practices. Specifically, Dawn initiated new agency wide data protection procedures for the consistent handling of data intake and strengthening of responses to potential cyber intrusions.
Previously, as Senior Vice President of the Futures Industry Association and concurrently Executive Director of its Americas Advisory Board, Dawn advised its President and global Board of Directors on the impacts of public policy changes on the industry and association members. Earlier, she was Vice President of Government Affairs for NYSE Euronext where she developed regulatory compliance policies alongside her international counterparts to ensure adherence across jurisdictions. Her leadership was critical to the establishment of a new U.S. based derivative exchange/clearing house.
During her early career in public service, she served as majority and minority senior professional staff for the U.S. Senate Committee on Agriculture, Nutrition & Forestry, U.S. House of Representatives Committee on Agriculture, and initially on the staff of U.S. Senator Phil Gramm. She was actively involved in negotiating the reform of derivatives regulations contained in the Dodd-Frank Act and efforts to conduct oversight of commodity and financial derivatives, under the jurisdiction of the CFTC.
Dawn shares her professional expertise as a member of the 3-person Advisory Council to the Women In Derivative’s (WIND) Board of Directors and through committee service for the National Charity League. She earned a Bachelor of Science from Texas Tech University in Lubbock, Texas and is a past President of the Texas Tech Alumni Association’s Washington, DC Chapter. Dawn and her husband have two children and live in the greater Washington, DC area.
Executive Director, The Financial Technology and Cybersecurity Center
Thomas P. Vartanian is the Executive Director of the Financial Technology & Cybersecurity Center, an author, financial services advisor, expert witness, and board mentor. He is the former Executive Director of the Program on Financial Regulation & Technology at George Mason University’s Antonin Scalia Law School, where he was also a Professor of Law. Between 1983 and 2018, he chaired the Financial Institution’s practices at two international law firms, Dechert LLP and Fried Frank LLP, through four financial crises. Both as a regulator and private practitioner, he has represented parties in a majority of the 50 largest financial institution failures in American history.
Mr. Vartanian served in the Reagan Administration during the S&L crisis as General Counsel of the Federal Home Loan Bank Board and the FSLIC. Prior to that, he served in the Carter Administration in the Office of the Comptroller of the Currency as Special Assistant to the Chief Counsel. Since departing government service, he has advised many subsequent presidential administrations on financial institution issues.
Mr. Vartanian is a futurist and expert in financial technology who has been described by clients in Chambers as “one of the best financial services lawyers in America.” Mr. Vartanian was Chairman of the American Bar Association’s Cyberspace Law Committee between 1998 and 2002, where he chaired an international task force of lawyers from twenty countries which released a seminal report in London in 2000 on the novel issues created by doing business in Cyberspace. He is currently a member of the American Association of Bank Directors’ Task Force on Bank Director Personal Liability Mitigation.
Mr. Vartanian has authored more than four hundred articles and eight books, including his new book, 200 Years of American Financial Panics: Crashes, Recessions, Depressions, and the Technology That Will Change It All chronicling the country’s tumultuous financial history and the impact that technology will have on its future.
He is a frequent lecturer and media commentator on the financial services industry, having appeared on Bloomberg TV, CNN, Fox News, Newsmax, PBS and various local and national radio shows. He has also taught financial services and digital commerce law at Georgetown Law School, George Washington Law School, and Boston University School of Law, and has been a guest lecturer at Harvard Law School.
In 2008, Mr. Vartanian was named “Washingtonian of the Year” based on his use of music and sports to raise money for charities in the D.C. metropolitan area. As a musician, he appeared in the first production in the United States in 1970 of Joseph and the Amazing Technicolor Dreamcoat. His classic rock band, The Johnny Esquire Band, has helped raise approximately $5,000,000 for charities in the Washington D.C. area over the last twenty-five years. Mr. Vartanian also founded and plays for the Washington All Stars, a senior baseball team that has raised more than $500,000 for Special Olympics.
His next book, The Unhackable Internet, will be published in early 2023.
Partner, Fusion Law, PLLC
Paul is the founding partner of Fusion Law, PLLC. He has extensive experience with state, federal, and global regulators building coalitions and implementing policies to promote innovation in financial services. He is responsible for designing and implementing the first state (Arizona) and federal (CFPB) FinTech sandboxes in the United States. He also designed the CFPB no-action letter and trial disclosure policies. He helped found the first global regulatory innovation coalition (Global Financial Innovation Network) and led the founding of the first U.S. regulatory innovation coalition (American Consumer Financial Innovation Network). He served on the Financial Stability Oversight Council subcommittee on digital assets. He also has drafted state-level laws on blockchain and utility tokens.
Paul also has significant enforcement and litigation experience. He led many multi-state consumer protection enforcement matters as Civil Litigation Division Chief at the Arizona Attorney General’s Office.
Prior to his government service, Paul practiced law in the areas of securities litigation and transactional work for approximately six years at two well-known law firms. He also clerked on the U.S. Court of Appeals for the Fourth Circuit.
Wayne A. Abernathy, Wild Bells
Wayne A. Abernathy is a former U.S. Treasury Assistant Secretary for Financial Institutions under President George W. Bush, receiving the Alexander Hamilton Award in recognition of his service. In that office he was also a member of the Board of Directors of the Securities Investor Protection Corporation. Prior to his work at the Treasury, Mr. Abernathy served as Staff Director of the Senate Banking Committee, under Chairman Phil Gramm.
Following his service at the Treasury, Mr. Abernathy worked for 15 years on the staff of the American Bankers Association, as Executive Vice President for Financial Institutions Policy and Regulatory Affairs.
Previous experience with the Senate Banking Committee includes serving as Staff Director of the Subcommittee on Securities during 1995-1998. From 1989 until 1994, Mr. Abernathy was a Republican economist for the committee. He previously worked as a senior legislative assistant for Senator Gramm during 1987-1989 and as an economist for the Banking Committee’s Subcommittee on International Finance and Monetary Policy during 1981-1986, under Chairman Jake Garn.
Mr. Abernathy earned his bachelor’s degree in International Studies from The Johns Hopkins University in 1978. In 1980, he received a master’s degree in International Studies from the School of Advanced International Studies of The Johns Hopkins University.
Senior Counsel, Corporate Engagement Team, Alliance Defending Freedom
Brian Knight serves as senior counsel on the Corporate Engagement Team. His work focuses on issues of financial access, debanking, and preventing the power of the private sector from being weaponized against people of faith by both public and private actors.
Prior to joining ADF, Knight spent almost nine years at the Mercatus Center at George Mason University, as both a senior research fellow and as a program director. In addition to managing a team of scholars, Knight’s research focused on financial regulation and the politicization of financial services. His research helped inform legislation and regulation at the federal and state level. He was also the lead author for two amicus briefs submitted to the U.S. Supreme Court in the case of National Rifle Association v. Vullo.
Before joining Mercatus, Knight worked at the Milken Institute, where he focused on financial technology. He was also an entrepreneur, co-founding a firm focused on compliance for crowdfunding.
Knight earned a Juris Doctor from the University of Virginia School of Law and a Bachelor of Arts from the College of William and Mary.
Senior Vice President and Deputy General Counsel, Conference of State Bank Supervisors
Margaret Liu is Senior Vice President and Deputy General Counsel at the Conference of State Bank Supervisors (CSBS). Margaret serves as a part of the CSBS legal and policy team, providing legal support for CSBS and its affiliated organizations as well as overseeing CSBS efforts representing the policy perspectives of state banking commissioners before Congress. She also serves as the lead CSBS staff member on fintech issues.
Margaret has worked as a consultant on financial services policy issues and in a variety of roles at Fannie Mae, including Vice President of Single Family Mortgage Business, Vice President for Industry Relations, and Vice President for Policy Communications at Fannie Mae.
Margaret is a graduate of Harvard College and the University of Chicago Law School.
Partner, Davis Polk & Wardwell LLP
Mr. Guynn is head of Davis Polk’s Financial Institutions Group. He has been recognized as a thought-leader on financial regulatory reform and as one of the most widely consulted U.S. legal advisers during the financial crisis. See “In the Red Zone,”The American Lawyer, January 2009 and “For Davis Polk, Dodd-Frank Pays,” The American Lawyer, December 2010.
He has advised the Securities Industry and Financial Markets Association (SIFMA), the principal trade organization for U.S. banks, securities firms and asset managers, all of the U.S.’s six-largest banks and several foreign banks on the Dodd-Frank Act and its regulatory implementation.
His practice focuses on providing strategic bank and regulatory and enforcement advice and advising on M&A and capital markets transactions when the target or issuer is a banking organization or other financial institution. He also advises on bank failures and recapitalizations, corporate governance and internal controls, cross-border collateral transactions, credit risk management, securities settlement systems and payment systems.
S. Samuel Arsht Professor of Corporate Law, University of Pennsylvania Law School
David Skeel is the Caryl Louise Boies Visiting Professor of Law at New York University, and the S. Samuel Arsht Professor of Corporate Law at the University of Pennsylvania. He is the author of The New Financial Deal: Understanding the Dodd-Frank Act and its (Unintended) Consequences (Wiley, 2011); Icarus in the Boardroom: The Fundamental Flaws in Corporate America and Where They Came From (Oxford University Press, 2005); Debt’s Dominion: A History of Bankruptcy Law in America (Princeton University Press, 2001); and numerous articles on bankruptcy, corporate law, financial regulation, Christianity and law, and other topics. Professor Skeel has also written commentaries for the New York Times, Wall Street Journal, Books & Culture, The Weekly Standard, and other publications.
Partner, Millstein & Co.
James Wigand is a Partner at Millstein & Co.
From January 2011 to November 2013, Mr. Wigand served as the first Director of the Federal Deposit Insurance Corporation’s Office of Complex Financial Institutions (OCFI) and as a Senior Advisor to the Chairman, FDIC. The OCFI was created to better position the FDIC to carry out its new resolution responsibilities for systemically important financial institutions under the Dodd Frank Wall Street Reform and Consumer Protection Act.
Prior to assuming this position, Mr. Wigand served as the Deputy Director for Franchise and Asset Marketing, Division of Resolutions and Receiverships, FDIC, and oversaw the resolution of failing insured financial institutions and the sale of their assets from 1997 to 2010. From 1995 to 1997, he was the Assistant Director for Capital Markets, Division of Depositor and Asset Services, FDIC, overseeing the issuance and servicing of residential and commercial mortgage backed securities.
Mr. Wigand served in various executive positions at the Resolution Trust Corporation from December 1989 until its closing in December 1995. During this period, he supervised the Asset Management and Sales Division's loan and owned real estate management, seller financing, equity partnership and loan workout programs. He also had responsibility for receivership operations and the conclusion of RTC's conservatorship program.
Before RTC, Mr. Wigand worked in the Division of Liquidation, FDIC, the Federal Savings and Loan Insurance Corporation's Operations and Liquidation Division, and Ferris & Company.
During his career, Mr. Wigand has been involved with the management, sale or resolution of $1 trillion of financial institution assets.
Born in New York City, Mr. Wigand received a Bachelor of Science degree from the University of Maryland and a Master of Business Administration degree with a specialization in finance from the University of Chicago Graduate School of Business.
Resident Scholar, American Enterprise Institute
Paul H. Kupiec is a resident scholar at the American Enterprise Institute (AEI), where he studies systemic risk and the management and regulations of banks and financial markets. He also follows the work of financial regulators such as the Federal Reserve and examines the impact of financial regulations on the US economy.
Before joining AEI, Kupiec was an associate director of the Division of Insurance and Research within the Center for Financial Research at the Federal Deposit Insurance Corporation (FDIC), where he oversaw research on bank risk measurement and the development of regulatory policies such as Basel III. Kupiec was also director of the Center for Financial Research at the FDIC and chairman of the Research Task Force of the Basel Committee on Banking Supervision. He has previously worked at the International Monetary Fund (IMF), Freddie Mac, J.P. Morgan, and for the Division of Research and Statistics at the Board of Governors of the Federal Reserve System.
Kupiec has edited many professional journals, including the Journal of Financial Services Research, Journal of Risk, and Journal of Investment Management.
He has a bachelor of science degree in economics from George Washington University and a doctorate in economics — with a specialization in finance, theory, and econometrics — from the University of Pennsylvania.
Senior Fellow, Arthur F. Burns Fellow in Financial Policy Studies, American Enterprise Institute
Peter J. Wallison holds the Arthur F. Burns Chair in Financial Policy Studies and is co-director of AEI’s program on Financial Policy Studies. Prior to joining AEI, he practiced banking, corporate and financial law at Gibson, Dunn & Crutcher in Washington, D.C., and New York. Mr. Wallison has held a number of government positions. From June 1981 to January 1985, he was General Counsel of the United States Treasury Department, where he had a significant role in the development of the Reagan Administration's proposals for deregulation in the financial services industry. During 1986 and 1987, Mr. Wallison was White House counsel to President Ronald Reagan, and between 1972 and 1976, he served first as Special Assistant to New York's Gov. Nelson A. Rockefeller and, subsequently, as counsel to Mr. Rockefeller as vice president of the United States.
Mr. Wallison was admitted to practice before the courts of New York and the District of Columbia, and is retired from practice in New York. He continues to be a member of the District of Columbia Bar Association. He received his undergraduate degree from Harvard College in 1963 and law degree from Harvard Law School in 1966.
Mr. Wallison is the author of Ronald Reagan: The Power of Conviction and the Success of His Presidency, published in December 2002 by Westview Press. On campaign finance, he is the author (with Joel Gora) of Better Parties, Better Government, (AEI Press 2009). On financial or regulatory matters, he is the author of Back From the Brink, a proposal for a private deposit insurance system, and co-author of Nationalizing Mortgage Risk: The Growth of Fannie Mae and Freddie Mac; The GAAP Gap: Corporate Disclosure in the Internet Age; Competitive Equity: A Better Way to Organize Mutual Funds; Bad History, Worse Policy: How a False Narrative about the Financial Crisis Led to the Dodd-Frank Act (AEI Press 2013); and Hidden In Plain Sight: What Caused the World’s Worst Financial Crisis and Why it Could Happen Again (Encounter Books 2015). His most recent book is Judicial Fortitude: The Last Chance to Rein in the Administrative State, published by Encounter Books in October 2018.
He testifies frequently before committees of Congress, and is a frequent contributor to the op-ed pages of the Wall Street Journal and other print and online journals. He has also been a speaker at many conferences on financial services, housing, the causes of the financial crisis, the Dodd-Frank Act, accounting, and corporate governance, and was a member of the Shadow Financial Regulatory Committee between 1995 and 2015. He was a member of the SEC Advisory Committee on Improvements to Financial Reporting (2008), co-Chair of the Pew Financial Reform Task Force (2009), and a member of the congressionally- appointed Financial Crisis Inquiry Commission (2009-2011). In May 2011, for his work in financial policy, Mr. Wallison received an honorary doctorate in Humane Letters from the University of Colorado.
Retired, Winston & Strawn LLP
Jerry Loeser is of counsel in the Chicago office of Winston & Strawn, and his practice focuses on banking regulation. He has extensive experience in counseling financial services clients on, among other things, bank acquisitions, privacy, financial modernization, the USA PATRIOT Act, Basel II and III, lending limits, capital, trust, affiliate transactions, and Federal Reserve, OCC, FDIC, and CFPB regulations.
Prior to working at large corporate law firms, Jerry was chief regulatory and compliance counsel for Comerica Bank, where he also served as senior vice president and deputy general counsel and as general counsel of its retail bank division. Before that, he served as chief regulatory in-house counsel at Wells Fargo & Co. Jerry began his legal career advising the Board of Governors of the Federal Reserve System in Washington, D.C.
Partner, Davis Polk & Wardwell LLP
Mr. Douglas is a partner in Davis Polk’s Financial Institutions Group, heading the firm’s bank regulatory practice and focusing on bank restructuring and resolutions and other issues arising from the current banking and financial crisis. He has been involved in some of the most difficult and sensitive matters during the crisis, including advising the boards of directors of Indymac and Bank United, counseling Citigroup with respect to FDIC matters, advising various parties on the fallout from the failure of Washington Mutual and advising various private equity firms on proposed investments in troubled or failed banks.
Mr. Douglas was appointed General Counsel of the Federal Deposit Insurance Corporation in 1987 and continued in that capacity through 1989. This was a period of unprecedented stress on the financial system, and he was involved in the major bank failures and restructurings of the late 1980s, participated in the landmark Financial Institutions Regulatory Reform and Restructuring Act of 1989 and assisted in the organization of the Resolution Trust Corporation.
Mr. Douglas is regarded as one of the leading bank insolvency lawyers in the nation.
Partner, Davis Polk & Wardwell LLP
Mr. Douglas is a partner in Davis Polk’s Financial Institutions Group, heading the firm’s bank regulatory practice and focusing on bank restructuring and resolutions and other issues arising from the current banking and financial crisis. He has been involved in some of the most difficult and sensitive matters during the crisis, including advising the boards of directors of Indymac and Bank United, counseling Citigroup with respect to FDIC matters, advising various parties on the fallout from the failure of Washington Mutual and advising various private equity firms on proposed investments in troubled or failed banks.
Mr. Douglas was appointed General Counsel of the Federal Deposit Insurance Corporation in 1987 and continued in that capacity through 1989. This was a period of unprecedented stress on the financial system, and he was involved in the major bank failures and restructurings of the late 1980s, participated in the landmark Financial Institutions Regulatory Reform and Restructuring Act of 1989 and assisted in the organization of the Resolution Trust Corporation.
Mr. Douglas is regarded as one of the leading bank insolvency lawyers in the nation.
The Government’s Arms Around Cryptocurrency: Hug or Stranglehold?
Douglas Elliott, Michael Piwowar, Dawn Stump, Thomas P. Vartanian, Paul N. Watkins
As the cryptocurrency industry grows, state and federal governments are considering how that industry should...
The Resolution of Too Big to Fail
Wayne A. Abernathy
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Fintech Licensing and the OCC Charter
Brian Knight, Margaret Liu
Innovations in financial technology have enabled financial services to be provided in new ways and...
Single Point of Entry – A Response to Paul Kupiec and Peter Wallison - Podcast
Randall D. Guynn, David Skeel, James Wigand
In December 2013, the Federal Deposit Insurance Corporation (FDIC) released a proposal on the “Single...
Does the Single Point of Entry Strategy Eliminate “Too Big to Fail”? - Podcast
Paul H. Kupiec, Peter J. Wallison
In December 2013, the Federal Deposit Insurance Corporation released a proposal on the so-called “Single...
Changing Landscape: Thrift Holding Companies and Their New Regulator
Julius L. Loeser
The Dodd-Frank Act, effective July 21, 2011, eliminated the Office of Thrift Supervision (“OTS”) and...
Resolution Authority over Systemically Important Financial Companies
John L. Douglas
Brought to you by the Financial Services & E-Commerce Practice GroupOne of the key elements of...
Treasury’s Proposed Resolution Authority for Systemically Significant Financial Companies
John L. Douglas
The reorganization or liquidation of most types of companies is governed in the United States...