Day 1 - Thursday, April 20, 2017

7:30
Main Conference Registration and Continental Breakfast
8:00
Co-Chairs’ Opening Remarks
8:05
Industry Roundtable on the Evolving Payments Landscape: Key Insights and Strategic Advice on Where the Payments Industry is Headed and What New Products, Services, and Technologies Are Changing the Face of Payments, Including Blockchains and Distributed Ledgers, Virtual Currencies, Mobile Wallets and Mobile Payments, Banking APIs, SDKs, Push Payments, Same Day ACH, Tokenization, the Sharing Economy, P2P Payment Developments, and More
9:35
Networking and Refreshment Break
9:45
Keynote Address
10:15
Government and Industry Perspectives on the Evolving Federal Regulatory and Enforcement Paradigm, Fostering Innovation, and the Potential Impact of the Trump Administration: Practical Guidance and Best Practices for Complying with New and Emerging Mandates from the Key Federal Agencies Overseeing Payment Systems and FinTech
11:40
Ensuring Compliance with the State Regulatory and Enforcement Framework Governing Payment Systems and FinTech: Bit Licenses, New Issues Relating to State Money Transmitter Licenses (Including the Examination Process), Payment Processing, and Other Considerations
12:55
Networking Luncheon for Speakers and Attendees
1:55
Prepaid Card Compliance: Assessing the CFPB’s Prepaid Account Rule, What Companies Are Doing Now to Ensure Compliance with the Rule, and Other Key Federal and State Regulatory and Compliance Considerations for the Prepaid Card Industry
3:10
Networking and Refreshment Break
3:20
Third-Party Regulatory and Compliance Risks and UDAAP Issues Specific to Emerging Payment Systems and How to Best Manage Them
4:20
Cybersecurity and Data Privacy: Ensuring That New Payment and FinTech Offerings and Services Effectively Protect Sensitive Customer Information, Both in the U.S. and Abroad
5:40
Conference Adjourns

Day 2 - Friday, April 21, 2017

7:30
Continental Breakfast
8:00
Blockchains, Distributed Ledgers, and Virtual Currencies: Regulatory and Compliance Challenges and Opportunities, Impact of Distributed Ledgers Beyond Bitcoin, and How Banks and FinTech Companies Are Making Use of These Revolutionary Technologies
9:30
Networking and Refreshment Break
9:40
Developing, Implementing, and Maintaining AML, Sanctions, and Fraud Deterrence Programs That Will Provide a Competitive Advantage and Pass Muster in Today’s Enforcement Environment, Without Negatively Impacting the Customer/User Experience
10:50
Balancing Innovation with Consumer Protection: How to Make it to Market in the Evolving Payments and FinTech Ecosystem
12:00
Conference Ends — Lunch for Post-Conference Boot Camp Participants

Boot Camp C | Key Legal and Regulatory Considerations for FinTech Companies in the Payments Space

Apr 21, 2017 1:00pm -

Speakers

Jodi Golinsky
General Counsel, Chief Compliance Officer & Board Secretary
FS Card Inc.

Jeffrey P. Taft
Partner
Mayer Brown

Day 1 - Thursday, April 20, 2017

7:30
Main Conference Registration and Continental Breakfast
8:00
Co-Chairs’ Opening Remarks

Chris Daniel
Partner
Paul Hastings LLP

David L. Beam
Partner
Mayer Brown LLP

8:05
Industry Roundtable on the Evolving Payments Landscape: Key Insights and Strategic Advice on Where the Payments Industry is Headed and What New Products, Services, and Technologies Are Changing the Face of Payments, Including Blockchains and Distributed Ledgers, Virtual Currencies, Mobile Wallets and Mobile Payments, Banking APIs, SDKs, Push Payments, Same Day ACH, Tokenization, the Sharing Economy, P2P Payment Developments, and More

J. Dax Hansen
Partner
Perkins Coie LLP

Juli Greenberg
Assistant General Counsel Citi Retail Services
Citigroup

Rusty Pickering
General Counsel, Chief Compliance and Corporate Development Officer
Ingo Money, Inc.

Stephen Krebs
Vice President & Associate General Counsel
The Clearing House

Jason Oxman
Chief Executive Officer
The Electronic Transactions Association (ETA)

  • Assessing the current payments and FinTech landscape
    • Which products and services are going to change the marketplace and how and when?
  • Unique regulatory and compliance challenges facing companies that are new to the payments and FinTech spaces and how to overcome them
  • How the specter of regulatory oversight affects and impacts innovation
    • Barrier to entry?
  • Mobile wallets/mobile payments
    • Are they gaining traction with consumers and merchants?
    • Impact on the existing payments ecosystem
  • Assessing the impact of Fintech on the banking industry
  • An overview of blockchains and distributed ledgers and their impact on the payments industry
  • Digital, virtual, and cryptocurrencies – assessing the regulatory and compliance challenges relating to Bitcoin and its brethren, and evaluating the long-term viability of such currencies
  • Push payments
  • Same day ACH
  • Tokenization
    • Will tokenization of payment credentials expand beyond mobile payments to all ecommerce transactions?
    • Assessing the legal, fraud and security implications of tokenization
  • Banking Application Programming Interfaces (APIs) and Software Development Kits (SDKs)
  • Overlaps between the payments industry and the sharing economy
  • New developments and regulatory considerations relating to peer-to-peer payment (P2P) schemes

9:35
Networking and Refreshment Break
9:45
Keynote Address

Maria T. Vullo
Superintendent
New York State Department of Financial Services

10:15
Government and Industry Perspectives on the Evolving Federal Regulatory and Enforcement Paradigm, Fostering Innovation, and the Potential Impact of the Trump Administration: Practical Guidance and Best Practices for Complying with New and Emerging Mandates from the Key Federal Agencies Overseeing Payment Systems and FinTech

Carlton L. Morris
Sanctions Compliance Officer
Office of Foreign Assets Control (OFAC)

Stephen Kenneally
Vice President of Payments and Cybersecurity Policy
American Bankers Association

Chris Daniel
Partner
Paul Hastings LLP

Nicole Ibbotson
General Counsel
InComm Financial Services, Inc.

Brian C. Tate
Vice President of Government Relations
Network Branded Prepaid Card Association (NBPCA)

Judith E. Rinearson
Partner
K&L Gates LLP

Brian Barrett
Partner
Eversheds Sutherland

  • How federal regulators view the emerging payments and FinTech landscapes
    • Which products and services are of the most concern to federal regulatory and enforcement agencies and why?
    • How the industry can help mitigate regulators’ concerns
  • Overview of recent high-profile cases and lessons learned
  • What will the regulatory and enforcement landscape look like in the near future and which federal agencies will be involved?
  • How might the Trump administration impact the payments and FinTech ecosystems?
    • What should companies be doing now to prepare?
  • The OCC’s new FinTech charter
  • The SEC and FinTech
  • The IRS’ recent “John Doe” summons relating to virtual currency
  • The CFPB’s rule on prepaid accounts
  • To what extent are federal regulators concerned about stifling innovation and what steps are they taking to lessen the potential for regulations to negatively impact innovation?
  • Efficacy of existing regulations, many of which were written without new payment systems and FinTech in mind
  • Ensuring that your company has taken the necessary steps to satisfy regulatory scrutiny and best practices for working with regulators to determine how best to meet compliance obligations

11:40
Ensuring Compliance with the State Regulatory and Enforcement Framework Governing Payment Systems and FinTech: Bit Licenses, New Issues Relating to State Money Transmitter Licenses (Including the Examination Process), Payment Processing, and Other Considerations

Bryan A. Schneider
Secretary
Illinois Department of Financial and Professional Regulation

Donald J. Mosher
Partner
Schulte Roth & Zabel LLP

Brenna McGee
Assistant General Counsel
Texas Department of Banking

Christine Cardi
Assistant Counsel, Office of General Counsel
New York State Department of Financial Services

Stephanie Ryals
Director of Bank/Money Transmitter Supervision
North Carolina Office of the Commissioner of Banks

Charles E. Clark
Acting Deputy Director & Director of Consumer Services
Washington Department of Financial Institutions

  • Perspectives on the overlap between federal and state authority
    • How states are reacting to new and emerging federal initiatives
    • The OCC’s FinTech charter
  • The difficulty of applying existing regulations to new and emerging payment systems and FinTech
  • Regulatory challenges associated with trying to keep pace with rapid advances in technology
    • Recent developments
  • Assessing the key issues and pitfalls relating to money transmission
  • Separating fact from fiction in the area of money transmission regulation at the state level
  • Developments in state regulation of money transmitters
    • Coverage of processors, foreign entities, and emerging payment entities
  • State licensing requirements for virtual currencies
  • How various payment models relate to money transmission
  • Costs and difficulties associated with obtaining licenses and the impact this can have on start-ups
    • How to avoid the need for state licensing
  • Money transmission as payment processing and related issues
    • Distinctions between money transmission and payment processing
  • Which states are the most active in the areas of emerging payments and FinTech?
    • New York; California; Texas; New Hampshire
  • Key case studies involving money transmission
    • Takeaways; pitfalls to avoid
  • Abandoned property
    • Analyzing existing state unclaimed property laws as they relate to payment systems and FinTech
  • Overcoming the challenges of complying with the increasing body of state consumer protection laws, especially those that are ambiguous in their application to emerging payment systems

12:55
Networking Luncheon for Speakers and Attendees

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1:55
Prepaid Card Compliance: Assessing the CFPB’s Prepaid Account Rule, What Companies Are Doing Now to Ensure Compliance with the Rule, and Other Key Federal and State Regulatory and Compliance Considerations for the Prepaid Card Industry

Michael F. Day
Principal Legal Counsel, Regulatory Affairs
Blackhawk Network, Inc.

Brad Fauss
President and CEO
Network Branded Prepaid Card Association (NBPCA)

Ted Teruo Kitada
Senior Company Counsel
Wells Fargo Bank, National Association

David L. Beam
Partner
Mayer Brown LLP

Emily Goodman Binick
Vice President & Senior Counsel
American Express

John C. Ricci
General Counsel
Green Dot Corporation

  • Assessing the CFPB’s broad definition of “prepaid account” in the new rule and its impact on companies that offer products other than traditional GPR cards
    • Person-to-person payments
    • Mobile wallets structured to hold funds
    • Payroll cards
  • How the prepaid card industry is preparing for compliance with the CFPB rule, what hurdles have been encountered, and how challenges have been dealt with
  • Impact of the rule on cards with credit features
  • “Know Before You Owe” provisions and required disclosures
  • Assessing other recent federal and state regulatory and enforcement initiatives in the prepaid space
  • Regulatory focus on bank oversight of program managers
  • Managing third party risks
  • State money transmitter considerations
  • Escheat/unclaimed property laws and prepaid cards
  • Developing, implementing, and maintaining rigorous AML compliance programs
  • The interplay amongst prepaid cards, emerging payment systems, and FinTech
    • New opportunities
    • Overcoming complicated regulatory and compliance challenges

3:10
Networking and Refreshment Break
3:20
Third-Party Regulatory and Compliance Risks and UDAAP Issues Specific to Emerging Payment Systems and How to Best Manage Them

John Hagy
SVP, Chief Policy Officer
MetaBank

Barrie VanBrackle
Partner
Orrick, Herrington & Sutcliffe LLP

Brian Crist
Chief Payments Counsel
Uber Technologies, Inc.

UDAP/UDAAP

 

  • The roles and responsibilities of service providers
  • UDAP/UDAAP, disclosures, and marketing
  • Regulatory and compliance considerations for new payment models
  • Adequacy of disclosures
  • The Abusive Standard and potential ramifications
  • Terms and conditions
  • Effect on class actions and the discovery process
  • Add-on products and implementation

 

Third Party Supervision and Risk Allocation

 

  • Data governance issues
  • The importance of vendor supervision
  • Outsourcing and risk of liability
  • Ensuring competence and integrity of employees
  • Digitizing performance and identifying triggers

4:20
Cybersecurity and Data Privacy: Ensuring That New Payment and FinTech Offerings and Services Effectively Protect Sensitive Customer Information, Both in the U.S. and Abroad

Amy Mushahwar
Counsel & Chief Information Security Officer
ZwillGen PLLC

Edward Contreras
Sr. Director of Financial Intelligence Unit
Silicon Valley Bank

Andrew R. Toftey

Lindquist & Vennum LLP

Ryan J. Straus
Partner
Fenwick & West LLP

  • Best practices for preventing and mitigating breaches
    • Establishing an effective system of internal reporting and checks and balances in order to detect and solve problems early
  • Responding to and managing a breach, and minimizing the damage done
  • Lessons learned from recent major data security breaches
  • Special considerations arising from transactions conducted on mobile devices
  • New and emerging risks associated with the rapid advancement of technology in the payments space
  • Considerations relating to data transfers from Europe to the United States
  • How to ‘comply’ with existing conflicting privacy regulations

5:40
Conference Adjourns

Day 2 - Friday, April 21, 2017

7:30
Continental Breakfast
8:00
Blockchains, Distributed Ledgers, and Virtual Currencies: Regulatory and Compliance Challenges and Opportunities, Impact of Distributed Ledgers Beyond Bitcoin, and How Banks and FinTech Companies Are Making Use of These Revolutionary Technologies

Judith Alison Lee
Partner
Gibson Dunn & Crutcher LLP

Jonathan J. Anastasia
Senior Managing Counsel, Digital Payments & Labs
Mastercard

Marco A. Santori
Partner
Cooley LLP

  • Assessing the current regulatory landscape for blockchains, distributed ledgers, and virtual currency
    • Federal, state, and international considerations
  • Where the regulatory paradigm is headed
  • Ensuring that your company is in compliance now and for the foreseeable future
  • What are companies already doing in relation to compliance and blockchains, what hurdles have they encountered, and how have they dealt with the challenges?
  • Public versus private blockchains – will one win out?
  • Impact of blockchains and distributed ledger technology on payments and finance
    • Virtual currencies; payments and remittances; securing payments; authenticating transactions
  • How banks are responding to and making use of blockchain technology
  • Consumer protection issues
  • Anti-money laundering (AML) and blockchains
  • Assessing the potential for blockchains to enhance and streamline regulatory compliance, fraud mitigation, and data privacy efforts

9:30
Networking and Refreshment Break
9:40
Developing, Implementing, and Maintaining AML, Sanctions, and Fraud Deterrence Programs That Will Provide a Competitive Advantage and Pass Muster in Today’s Enforcement Environment, Without Negatively Impacting the Customer/User Experience

Susan Lea Smith
Senior Counsel, AML Compliance
Western Union

Krista A. Griffith
Head of Regulatory Compliance
Vantiv, Inc.

Pawneet Abramowski
SVP, Director AML & Sanctions Risk Management
The Bancorp, Inc.

Seetha Ramachandran
Partner
Schulte Roth & Zabel LLP

  • Opportunities for FinTech companies to develop robust AML and fraud prevention programs, allowing for a competitive advantage over banks and other FinTech companies that are behind the curve
  • Working with law enforcement to mitigate the risks of money laundering and fraud activities
  • Identifying and assessing the money laundering and fraud risks that may arise in conjunction with the development of new payment products, delivery mechanisms, and technologies
  • How AML regulations impact new payment products and systems
  • Evaluating your current AML program and identifying gaps or weaknesses
  • Implementing automated AML and fraud tools
  • Incorporating data analytics into your AML compliance initiatives
  • Striking the proper balance between AML compliance, fraud prevention, and the customer/user experience
  • Best practices for ensuring BSA compliance in the absence of clear guidance
  • Beyond BSA – what other statutes come into play when addressing AML requirements?
  • AML issues arising at the state level
  • Best practices for identifying suspicious activity and filing SARs
  • Conducting an AML investigation
  • Understanding the fraud risks facing emerging payment systems and FinTech companies
    • How new payment methods and technologies are being misused
  • Evaluating your current fraud deterrence program and identifying gaps or weaknesses
  • Leveraging your AML program to detect fraud

10:50
Balancing Innovation with Consumer Protection: How to Make it to Market in the Evolving Payments and FinTech Ecosystem

John A. Beccia III
General Counsel & Chief Compliance Officer
Circle Internet Financial

Todd W. Beauchamp
Partner
Paul Hastings LLP

Duncan B. Douglass
Partner
Alston & Bird LLP

Robert W. Savoie

McGlinchey Stafford PLLC

  • Practical, legal, and regulatory considerations
  • Unbundling of financial services
  • Self-executing contracts and letters of credit
  • Limitations on usefulness and affirmative risks
  • Considerations for structuring your service
  • Patent protection and money transmission licensing/avoidance
  • Due diligence
  • The disclosure regime
  • Balancing innovation with compliance
  • Market structures and investment options

12:00
Conference Ends — Lunch for Post-Conference Boot Camp Participants

Boot Camp A |The Technologies Underlying Payment Systems and FinTech: Practical, Legal, and Regulatory Considerations for Attorneys and Compliance Professionals

Apr 19, 2017 9:00am - 12:00pm

$400

Speakers

Linda C. Odom
Partner
K&L Gates

Jennifer L. Crowder
Counsel
K&L Gates

What is it about?

In order to provide accurate and effective advice to your company or clients, it is essential that you have an in-depth understanding of the technologies underlying new and emerging payment systems and FinTech. This interactive Boot Camp will provide attendees with a firm grip on the technologies that are used in a wide range of innovative payment systems, and how the underlying technology impacts legal and compliance considerations.

 

Topics to be addressed include:

 

  • New technologies applied to traditional payment systems
  • Analyzing the technology used in each step of key payment systems and FinTech
  • Near field communication (NFC)
  • Mobile apps, payment and wallets
  • Tokenization
  • Banking Application Programming Interfaces (APIs)
  • Push payments
  • Same day ACH
  • How funds are transferred
  • Understanding the new and emerging data security technologies
  • The range of information captured by emerging payment systems and devices and where this information is stored
  • Which regulatory bodies govern the payments and FinTech industries
    • CFPB; OCC; FinCEN; SEC; OFAC; FDIC; IRS; CFTC; FTC; FCC; state agencies (which states are the most active?)
  • Regulatory considerations
    • AML compliance; fraud prevention standards; cybersecurity and data privacy issues; UDAAP disclosures; other disclosures
  • Examining the regulatory gaps and clarifying areas of uncertainty in relation to new technologies

Boot Camp B | A Deep Dive into Blockchains, Distributed Ledgers, and Virtual Currencies: What Attorneys and Compliance Professionals Need to Know

Apr 19, 2017 1:00pm - 4:00pm

$400

Speakers

Michael Bombace
Adjunct Fellow
TechFreedom

What is it about?

  • What exactly is the blockchain/distributed ledger technology?
    • Understanding the mechanics
  • Understanding the key players
  • Why it is so important right now and what problems it could solve
  • Where does Bitcoin end and blockchain begin?
    • Where do they overlap?
  • Blockchain and distributed ledgers as an enabling technology beyond Bitcoin
  • How blockchains and distributed ledger technology are being used now and how they will be used in the foreseeable future
    • How banks are responding to and making use of blockchain technology
  • Legal and regulatory considerations relating to blockchains and virtual currency
  • Assessing the potential for blockchains to enhance and streamline regulatory compliance, fraud mitigation, and data privacy efforts

Boot Camp C | Key Legal and Regulatory Considerations for FinTech Companies in the Payments Space

Apr 21, 2017 1:00pm -

$400

Speakers

Jodi Golinsky
General Counsel, Chief Compliance Officer & Board Secretary
FS Card Inc.

Jeffrey P. Taft
Partner
Mayer Brown

What is it about?

  • Which federal agencies have oversight of FinTech companies?
  • The OCC FinTech charter
    • What is a special purpose national bank charter?
    • Assessing the costs and benefits of a charter
    • Determining whether to seek a charter
  • The CFPB and “Project Catalyst”
  • Applicability of state money transmitter laws and other state regulations
  • How FinTech start-ups can create effective AML programs
  • How the specter of regulatory oversight affects and impacts innovation
    • Barriers to entry?
  • How FinTech can make regulatory compliance easier, cheaper, and more efficient