Alan W. Avery is a partner in the New York office of Latham & Watkins. Mr. Avery is a member of the Corporate Department and the Financial Institutions Group. He concentrates his practice in federal and state regulation of banking organizations, advising domestic and foreign banking institutions concerning the impact of US federal and state banking laws on their global operations.
Additionally, he advises domestic and foreign banks on regulatory issues, including Bank Secrecy Act (BSA) and anti-money laundering issues and investigatory matters, as well as related corporate and litigation matters. Mr. Avery also advises domestic and foreign financial institutions and other parties on a wide range of matters related to US financial regulatory reform.
Mr. Avery has represented a number of US and non-US financial institutions with regard to federal and state regulatory approval requirements for bank formations, office establishment and licensing, internal reorganizations and mergers and acquisitions. He also advises transactional practice groups worldwide on US bank regulations. Additionally, Mr. Avery has represented sovereign wealth funds and private equity funds with respect to investments in US financial institutions.
Mr. Avery regularly counsels bank clients on a wide variety of matters, including permissible activities and investments, forms of organization, internal reorganizations, internal compliance and controls programs, product and geographical expansion, margin regulations, capital adequacy requirements, electronic banking issues, anti-tying rules, privacy regulation, federal and state consumer lending compliance issues, affiliate transaction regulation, Bank Holding Company Act issues, corporate governance issues, state law fiduciary qualification and regulation issues, USA PATRIOT Act compliance, the BSA and related anti-money laundering regulations, payment systems issues, and pending legislation relevant to their US operations. Mr. Avery represents clients before the Federal Reserve Board, the Federal Reserve Banks, the Department of the Treasury, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation and the New York State Department of Financial Services.
Mr. Avery also regularly counsels financial institutions on a wide variety of matters related to US financial regulatory reform under the Dodd-Frank Wall Street Reform and Consumer Protection Act, including the Volcker rule, systemic risk regulation, enhanced prudential standards, “living will” resolution planning requirements, regulatory capital requirements, derivatives regulation and changes to the regulation of bank and thrift holding companies and depository institutions.