Skip to main content

Alternative Finance Summit 2018: Marketplace Lending, Cryptocurrency and Crowdfunding


Speaker(s): Amy Reischauer, Amy Wan, Anthony J. Zeoli, Arlen W. Gelbard, Brian Foley, Brian K. Victor, Brian S. Korn, Claudia Callaway, Faith L. Anderson, Frank R. Borchert, III, Greg Strong, Gregory J. Nowak, Henry G. Morriello, Joseph P. Borg, Katherine J. Blair, Lee A. Schneider, Lenny Giltman, N. Adele Hogan, Nancy H. Wojtas, Nick Bhargava, Patrick D. Dolan, Preetha P. Gist, Randy Benjenk, Sara Hanks, Timothy K. Saunders Jr.
Recorded on: Oct. 5, 2018
PLI Program #: 221524

Adele Hogan is a capital markets advisor who frequently works on regulatory, bankruptcy, structured finance, mergers and acquisitions and FinTech matters, including Blockchain.  Adele has also led anti-financial crimes investigations, risk framework implementations and corporate governance matters.

Adele’s work involves diverse industries, including: financial institutions; energy and utilities; healthcare (medical devices, biotech and pharmaceuticals), leisure (gaming and hotels); real estate, telecommunications, media and technology; transportation (airlines, automotive, shipping, rail); and retail. Adele is a frequent speaker on securities regulation issues.

Adele frequently chairs and speaks at national law programs.  She has served as an adjunct law professor at Fordham University School of Law and speaks at Cornell University Law School and the Levin Institute.

Adele worked for over ten years at Cravath Swaine & Moore LLP, and was a partner at White & Case LLP and Linklaters LLP. Adele most recently served as director – group audit (legal and regulatory) at Deutsche Bank.

Involvement

  • New York City Bar Association (Securities Regulation Committee (former Chair), Financial Reporting Committee (former Chair), Banking Law Committee, M & A Committee)
  • New York State Bar Association, Business Law Section (Executive Committee)
  • American Bar Association, Federal Securities Law Committee
  • Association of Corporate Counsel
  • 100 Women in Finance
  • Women in Derivatives (WIND)
  • National Association of Corporate Directors (NACD)
  • Society of Corporate Secretaries and Governance Professionals

Education

Cornell University Law School
Juris Doctor

Cornell University
Bachelor of Arts 


Amy Reischauer is Special Counsel in the Office of Small Business Policy in the Division of Corporation Finance of the Securities and Exchange Commission. The office assists companies seeking to raise capital through exempt or smaller registered offerings, and participates in and reviews SEC rulemaking and other actions that may affect small businesses. She also has been involved in the SEC’s Disclosure Effectiveness Initiative. 

Ms. Reischauer joined the SEC in 2012 in the Division’s Office of Health Care and Insurance. Before joining the SEC, she served as Associate General Counsel at drugstore.com, inc., a Walgreens company, and as Assistant General Counsel at Shurgard Storage Centers, Inc., a publicly traded REIT.  Previously, Ms. Reischauer practiced securities and corporate law at the Seattle office of Perkins Coie LLP.

She received her law degree from the Georgetown University Law Center, her M.B.A. from Georgetown University’s McDonough School of Business, and her B.A. in International Studies from Vassar College


Anthony Zeoli is a Partner with the law firm of Freeborn & Peters LLP in Chicago and is an experienced transactional and securities attorney as well as an industry-recognized crowdfunding and JOBS Act expert. Specializing in the areas of securities, commercial finance, real estate and general corporate law, his clients range from entrepreneurs and small, privately held, businesses to multi-million dollar entities. For a range of representative transactions please go to www.freeborn.com.

Anthony has particular expertise in the negotiation and documentation of real estate transactions including the acquisition, sale, construction, development, leasing and financing of real estate and has represented parties on both sides of such transactions. Mr. Zeoli is also an industry leader in the area of crowdfunding, in particular with respect to real estate crowdfunding. Most recently he drafted Illinois House Bill 3420, a bill which provides for an intrastate crowdfunding exemption in Illinois and which was unanimously approved by the Illinois house and Senate.

Anthony holds a masters degree in accounting from the State University of New York at Albany, a law degree with a concentration in corporate law from Northwestern University School of Law, and an M.B.A. degree with a double major in finance and entrepreneurship from the University of Illinois at Chicago. He received high honors and scholarships in all programs and is also an active member of MENSA. Anthony is also currently actively involved with the entrepreneurship program at the University of Illinois at Chicago as both a mentor and a student advisor and is an active advisory board member of the New York Distance Learning Association (NYDLA).


Arlen W. Gelbard is EVP, General Counsel at Cross River. He has an extensive portfolio of expertise advising, managing, and operating in dynamic and complex legal and regulatory environments for global, publicly-traded financial institutions, as well as smaller, private entities.

Prior to joining Cross River, Mr. Gelbard served as Senior Advisor at Treliant Risk Advisors, where he consulted on a wide variety of complex and sensitive compliance and risk management issues.

He served as President of E*TRADE Bank and later became General Counsel & Chief Administrative Officer of E*TRADE Financial Corporation, where he led diversification and growth.

Formerly in his career, Mr. Gelbard was General Counsel of Acacia Federal Savings Bank, where he led the merger into Stifel Bank & Trust and became President of the Mid-Atlantic region for Stifel.  Mr. Gelbard was Chief Administrative Officer at Jefferson National Financial Corp., now part of Nationwide Insurance.  As part of his diverse background in financial services, he served as an Executive Advisor at Aquiline Capital Partners, a private equity investor. Previously, he was partner of the law firm Hofheimer Gartlir & Gross in New York City.

He holds a JD and MBA from Boston University, as well as an AB, cum laude, in Politics from Brandeis University. He is a member of the New York State and District of Columbia Bars. Mr. Gelbard previously served on Operation Hope’s Global Board of Directors and currently serves as Chairman of the Mid-Atlantic Board, where he provides the management team with leadership and guidance, strongly advocating for programs dedicated to financial literacy and economic empowerment in underserved communities.


Brian S. Korn is a partner and co-chair of the financial services group at Manatt, Phelps & Phillips, LLP. He is also a member of the firm's capital markets practice group and chair of the digital finance and marketplace lending practice. His practice focuses on corporate finance transactions, including initial public offerings (IPOs), early-stage and start-up venture financings, and mature corporate and high-yield debt finance. He also advises clients on SEC compliance, broker-dealer compliance, corporate swap transactions, blockchain technology and initial coin offerings. Under his leadership, the firm was nominated as “Professional Services Firm of the Year” at the 2018 LendIt Industry Awards and “Law Firm of the Year” at the 2017 LendIt Industry Awards. Brian chairs the prestigious Practising Law Institute’s Marketplace Lending and Crowdfunding conference, the leading legal conference of its kind serving the digital finance industry.

Prior to joining Manatt, Brian co-led the crowdfunding and peer-to-peer lending practice at a major international law firm. Brian has also previously served as head of Equity Capital Markets and Syndicate Compliance at Barclays Capital and as senior vice president and assistant general counsel at Citigroup Global Markets, Inc. He has extensive experience representing issuers and underwriters in investment banking and capital markets transactions, including transactions involving equity, debt, hybrid/convertible and preferred securities, derivatives and foreign exchange. He has executed several IPOs and other equity value monetization transactions, such as spin-offs, split-offs and carveout transactions. He also has extensive experience in sponsor-leveraged buyouts and bank/bond acquisition financing.

Brian has made multiple appearances on Fox Business Television, Bloomberg, CCTV America and National Public Radio commenting on the JOBS Act, including its impact on crowdfunding, peer-to-peer lending, IPOs and market trading dynamics. Brian was recently selected to serve on the advisory board of the Lexis Practice Advisor (LPA), an online product providing legal and market insights and practical guidance for attorneys. He is a graduate of the University of California at Berkeley and the Northwestern University Pritzker School of Law.


Brian Victor joined SoFi in 2016 and is the principal legal support for SoFi’s Capital Markets Group and New Products.  He’s covers SoFi’s ABS securitizations (personal loan, student loan and mortgage), warehouse  and repo  facilities, hybrid and VC funds and provides support for  SoFi’s new consumer products.  

Prior to SoFi, Brian was SVP and Associate General Counsel at Bank of America, N.A. from 2010 to 2016, where he worked on a variety of mortgage regulatory and compliance issues and met regularly with Attorney General’s Offices across the country.

Prior to joining Bank of America, Brian spent 16 years in private practice, first as an associate at Skadden Arps Slate Meagher & Flom LLP (10 years); and then as   Structured Finance partner at Winston & Strawn LLP and McKee Nelson LLP.

Brian received his JD from Rutgers School of Law, where he was a member of the Rutgers Law Review. He received a B.A. in Economics from Rutgers University and   while in college studied Economics at Yale as an American Economics Association scholar.


Claudia Callaway leads the firm's newly formed Platform Lending Initiative. In this role, she focuses her practice on defending clients against state and federal class actions regarding consumer protection and consumer finance laws, representing clients before the Consumer Financial Protection Board (CFPB), the Federal Trade Commission (FTC) and state banking agencies, and assisting clients in adhering to the dynamic landscape of platform and peer-to-peer (P2P) lending.

Having represented clients before the CFPB since it was established, Claudia understands the varying perspectives of key stakeholders involved, and helps clients navigate the hurdles, pitfalls and opportunities available to the numerous parties involved under the CFPB's jurisdiction. Working with banks, credit unions, platform lenders and other financial services clients, Claudia provides pragmatic advice on numerous state and federal banking and consumer protection matters, including privacy, collections, credit reporting and usury issues. She also assists clients with the enforcement of arbitration provisions and class action waivers.

In Claudia's regulatory practice she represents a bevy of financial services clients, including installment lenders, collection agencies, money transmitters, state and federally chartered banks, mortgage servicers, credit card issuers, and credit reporting agencies in a broad range of regulatory issues before federal and state agencies and self-regulatory organizations (SROs) nationwide.

Claudia is also recognized as a veteran in the platform lending space, which enables her to provide her clients with real-time updates and developments in this ever-changing landscape. She has spoken numerous times on issues related to merchant cash advance, crowdfunding, business-to-business and P2P consumer finance, and brings a holistic understanding of the technical, regulatory and financial complexities within the platform lending arena.

Claudia represents consumer lenders, third-party debt collectors and other consumer financial services clients in class action suits and litigation around the country, in many cases to prevent class action suits before they happen. She frequently handles cases involving the Dodd-Frank Act, the Truth in Lending Act (TILA), the Equal Credit Opportunity Act (ECOA), the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act and the Federal Trade Commission Act. She advises on state unfair and deceptive trade practices laws, and removal of class actions to federal court under the Class Action Fairness Act (CAFA).


Faith Anderson is the Chief of Registration & Regulatory Affairs of the Securities Division of the Washington State Department of Financial Institutions.  She supervises legal staff responsible for reviewing applications for registration in small public offerings, non-traded REITs, business development companies, oil and gas programs, bank holding companies, in-state municipal bond offerings, church bond offerings, rescission offers, business opportunity offerings, and franchise offerings.  She oversees the processing of exemption filings and has experience in issues concerning investment advisers and pooled investment vehicles.  She is also responsible for reviewing requests for interpretive and no-action letters, promulgating policy and interpretive statements, amending the Division’s administrative rules, and reviewing and drafting legislation.

Ms. Anderson chairs the Small Business/Limited Offerings Project Group of the North American Securities Administrators Association, Inc. (NASAA).  She is also a member of NASAA’s Committees on Corporation Finance, the Electronic Filing Depository, State Legislation, and Capital Formation.  She has served as primary drafter on several NASAA comment letters on SEC rule proposals, led NASAA’s project to create a coordinated multi-state review program for Reg. A offerings, and continues to provide input on the nationwide electronic filing system for state securities filings that was launched in 2014 for Rule 506 notice filings.  Ms. Anderson is a frequent speaker on topics including private offerings, small public offerings, and crowdfunding.

Ms. Anderson received a Bachelor of Arts degree in Business Administration with a concentration in Finance, as well as the Certificate of International Studies in Business, from the Foster School of Business at the University of Washington in 1998.   She received a Juris Doctor degree from the University of Washington School of Law in 2005.  While in law school, Ms. Anderson served as an editor on the Pacific Rim Law & Policy Journal and completed an externship with Justice Barbara A. Madsen of the Washington State Supreme Court. 

Ms. Anderson is a member of both the Securities Committee of the Business Law Section of the Washington State Bar Association and the American Bar Association’s State Regulation of Securities Committee.


Greg Strong recently joined DLx Law. Drawing on his deep securities regulatory experience, Greg will advise companies on securities compliance and other regulations as they seek to raise capital through the sale of digital assets. He will also work with the team to provide a variety of entities with legal counsel regarding issues associated with the adoption of distributed ledger technology.

Prior to joining DLx Law, Greg served as the Director of the Investor Protection Unit in the Delaware Department of Justice, where he worked as a Deputy Attorney General from 2003 to 2018. In this role, he was responsible for administering and enforcing the Delaware Securities Act. This included investigating investor complaints, bringing legal action to enforce the provisions of the Delaware Securities Act when appropriate, registering the firms and individuals engaged in the securities business in Delaware, examining investment advisors and broker dealers, registering the securities offered for sale in Delaware, and engaging in community outreach and education to promote financial literacy and safe investing. Greg was also an active member of the North American Securities Administrators Association (NASAA), serving on the five-member Enforcement Section Committee from 2015 to 2018. The Enforcement Committee was tasked with setting enforcement priorities, coordinating multi- jurisdictional investigations, and reporting on enforcement matters.

Prior to his appointment as Director of the Investor Protection Unit in July 2015, Greg was the Director of the Consumer Protection Unit for three years. He successfully represented the State of Delaware in many complex civil matters, alleging violations of Delaware investor and consumer protection statutes, with a particular focus on financial services matters in the wake of the financial crisis.

Greg started his career in the criminal division of the office and gained significant experience in the courtroom prosecuting criminal matters before juries in the Delaware Superior Court. He graduated from Lehigh University with a degree in Finance and went on to Temple University Beasley School of Law or his J.D./M.B.A.


Gregory J. Nowak is a partner in the Philadelphia office of Pepper Hamilton LLP and a practice leader for hedge funds in the firm’s Funds Services Practice Group.

He concentrates his practice in securities law, particularly in representing investment management companies and other clients on matters arising under the Investment Company Act of 1940 and the related Investment Advisers Act of 1940.

Mr. Nowak also handles mergers and acquisitions, corporate and regulated investment company tax work and other corporate matters. He also represents broker-dealers and CTAs and CPOs with respect to matters under the Securities Exchange Act of 1934 and the Commodity Exchange Act.

In addition, Mr. Nowak represents many hedge funds and other alternative investment funds in fund formation and investment and compliance matters, including compliance audits and preparation work. Mr. Nowak has represented a broad range of investment funds, from funds that use the traditional broad investment charters and invest globally in virtually any financial asset that can be readily traded to specialty niche funds with narrowly defined investment strategies that invest in distressed debt and other illiquid securities. He also represents fund managers with products spanning both the private equity and hedge fund markets.

Mr. Nowak also handles mergers and acquisitions, tax matters for corporations and registered investment companies and other corporate matters.

Mr. Nowak also has represented hospitals, health care systems and health care providers and other health care entities as outside general counsel and as special counsel in regulatory, corporate and transactional matters, business operations and many other issues

Mr. Nowak writes and speaks frequently on issues involving alternative lending, blockchain, initial coin offerings (ICOs), investment management, health care and other matters. 

Mr. Nowak is the author of five books on hedge funds. Hedge Fund Disclosure Documents Line by Line – A User’s Guide to Confidential Private Placement Memoranda for Funds Formed as Limited Liability Companies (the 3rd edition was published in 2018; the 2nd edition was published in January 2011; the 1st edition was published in 2004) and Hedge Fund Agreements Line by Line – A User’s Guide to LLC Operating Contracts, (the 2nd edition was published in September 2009; and the 1st edition was published in 2004) All were published by Aspatore Publishing.


Henry Morriello is a Partner at Arnold & Porter and is Head of the firm’s Structured Finance & Derivatives Practice and its Aviation & Transportation Finance Practice. He is active in all areas of finance, including structured finance and derivatives, transportation finance, and financial regulatory matters. He represents clients in US and international term securitization and commercial paper conduit transactions involving residential and commercial mortgage loans, corporate loans, marketplace loans, student loans, equipment leases, auto paper, trade receivables, aircraft and railcar loans and leases, intellectual property royalties and esoteric assets. He also advises on structuring and restructuring fixed income and credit derivatives of all types, including credit default swaps and total return swaps. On the regulatory side, Henry is often approached by major financial institutions to help them navigate complex transaction structures and compliance procedures in response to the Dodd-Frank Act, the European and US versions of risk-retention requirements, bank capital and liquidity requirements, and compliance with swaps and commodity pool regulation.

Henry regularly advises clients on their most complex marketplace warehouse lending and ABS matters. He is also an active speaker on the topic, including panel participation at the LendIt USA’s 2017 conference on “The Strength of Student Platforms in the Securitization Market,” PLI’s Marketplace Lending and Crowdfunding seminar in 2016, SIFMA’s Securitization Spotlight webinar on Marketplace Lending in 2015, and Structured Credit Investor’s webinar “Marketplace Lending in the Regulatory Spotlight” in 2015. In addition, he has chaired several in-house programs on this topic, including a joint conference with Structured Credit Investor for two years in a row, a joint seminar with Lending Times on True Lender Implications for Marketplace Lending in late 2016, and most recently, a seminar on “The OCC Fintech Charter” in 2017. Further, Henry was recently quoted in a Bloomberg BNA article “Appeals Court May Tackle ‘True Lender’ Debate Affecting Fintechs, Online Lenders,” which examines the closely watched CashCall Inc. petition currently before the US Court of Appeals for the Ninth Circuit.

Henry has been recognized for his work in securitization by numerous third party publications, including Chambers Global (2009-2017), Chambers USA (2008-2017), Legal 500 US (2014-2017) and The Best Lawyers in America (2012-2017), and was named as a top Structured Finance and Securitization attorney by Best of the Best USA Expert Guides in 2017. He has also been recognized for his work in Asset Finance and Leasing by Legal 500 US (2014-2017).


Joseph Borg has been Director of the Alabama Securities Commission (ASC) since 1994. Borg was twice past president of the North American Securities Administrators Association (NASAA) and is currently serving his third term as President. He served as a member on the NASAA Board of Directors, as Chair of the International Committee, Chair of Enforcement, Ombudsman and in several other capacities. He is also a member of the Board of Directors of the National White Collar Crime Center (NW3C) and previously served as a member of the Board of Directors of the Investor Protection Trust (IPT). He has also served as a member of the SIPC Modernization Task Force and the FINRA Dispute Resolution Task Force.

Borg recently (June 2018) testified before the U.S. House Financial Services Committee, Capital Markets Subcommittee hearing entitled “Ensuring Effectiveness, Fairness, and Transparency in Securities Law Enforcement.” He has previously testified before various committees of the U.S. Senate and U.S. House of Representatives including testimony on such areas as Microcap Fraud; Criminal Elements in the Financial Markets; Information Sharing among Financial Regulatory Agencies; Risks Posed to Everyday Investors from IPOs in Private Equity and Hedge Funds; Illegal Investment Sales’ Practices Victimizing Senior Citizens; and SIPA and SIPC Modernization.

Borg served as a U.S. delegate to an Intergovernmental Expert Group for the United Nations Commission on International Trade and Law (UNCITRAL).

Borg previously served as in-house corporate counsel to First Alabama Bank (n/k/a Regions Bank, 1979-1984) and has been an adjunct professor of law at Faulkner University Jones School of Law teaching securities law and banking (1982-2002), and has been a Partner in the Montgomery law firm of Capouano, Wampold, Prestwood & Sansone (1984-1994).

He is admitted to practice in Alabama, Florida, New York, U.S. Federal District Courts in Alabama and Florida, the 5th and 11th Circuit Courts of Appeal and the U.S. Supreme Court.


Katherine J. Blair is a partner and co-chair of the firm’s capital markets practice. Her practice focuses on corporate, securities, and corporate governance matters. Ms. Blair advises clients in various corporate finance and capital market transactions, including IPOs, secondary and follow-on offerings, Regulation A+ offerings, token offerings, registered direct and at-the-market offerings, reverse mergers, PIPEs, offshore transactions, trust preferred, debt and preferred stock offerings, tender offers, going-private transactions and venture capital financings. She advises companies on state and federal regulatory, governance and compliance matters related to the SEC, FINRA, NYSE, NYSE MKT, NASDAQ, state regulators and other authorities. Ms. Blair also acts as corporate counsel for companies, advising them on general corporate matters, including board and management counseling, disclosure matters and controls, equity compensation, and other business matters.

Ms. Blair is Chair of the Business and Corporations Law Section of the Los Angeles County Bar Association, Vice Chair, Publications for the Corporations Committee of the  Business Law Section of the California Lawyers Association, and serves on the Board of Advisors for TheCorporateCounsel.net.

 


Lee A. Schneider is global General Counsel at Block.One, the world’s largest blockchain developer and author of the EOSIO software. Schneider is responsible for all of the company’s legal affairs and will be involved in its proactive regulatory and compliance initiatives.

He joined Block.One after leading the blockchain practices at two major international firms, most recently McDermott Will & Emery. While at McDermott, Lee led both the Fintech and broker dealer practices.

Lee has been recognized as one of the leading voices in blockchain related regulation and compliance, and has played a role in structuring several of the largest and most successful blockchain-related projects.

Schneider co-hosts Appetite for Disruption, a bi-weekly FinTech podcast with former SEC Commissioner Troy Paredes, and has contributed to the global-leading guidance, “A Securities Law Framework for Blockchain Tokens” developed by Coinbase.

Mr. Schneider holds a Juris Doctor degree from American University’s Washington College of Law and a Bachelor’s Degree in Economics from the University of Michigan.


Lenny Giltman is a Managing Director at Kroll Bond Rating Agency where he is the in-house counsel for the ABS, RMBS, Project Finance and Corporate Finance teams. Prior to joining KBRA, Lenny worked as an Associate at the international law firm of Dechert LLP, an analyst at Bloomberg LP, and a Vice President/Senior Analyst at Moody’s Investors Service. He graduated with a BA from the University of Florida and a JD from Georgetown University Law Center.


Nancy Wojtas is a Partner at Cooley LLP, an international law firm, and has served as counsel in connection with corporate governance matters, acquisitions, dispositions, mergers, private and public offerings, joint ventures, venture capital and bank financings, proxy contests, cryptocurrency offerings and going private transactions.

Nancy began her career with the Securities and Exchange Commission in the Division of Trading and Markets and she later served as counsel to the Chairman of the Commission.

Nancy was recognized as Lawyer of the Year in Corporate Governance in Palo Alto by The Best Lawyers in America in 2013. She has been recognized as a leading lawyer by The Best Lawyers in America in Corporate Governance from 2007-2018 and in its 2016 “Women Lawyer of the Year” awards.

Nancy is a member of the Opinions Committee of the California State Bar. Formerly she was the co-chair of the Corporations Committee of the Business section of the California State Bar.

Nancy is a frequent speaker on corporate governance, securities law and cryptocurrency topics.

Education

  • New York University School of Law
    LLM, 1977
  • Wayne State University School of Law
    JD, 1976
  • University of Michigan
    BA, 1972

Bar Admissions

  • California
  • Illinois
  • New York


Patrick D. Dolan focuses his practice on asset-backed and mortgage-backed securitizations, including those involving innovative structures. Patrick has more than 30 years of experience representing warehouse lenders, issuers, underwriters, investors and multi-seller commercial paper conduits.

Patrick has worked on financings and securitizations of various asset types, including residential and commercial PACE (Property Assessed Clean Energy) bonds, tax liens, structured settlements, peer-to-peer/marketplace loans, trade receivables, aircraft (and aircraft engine) leases, subprime auto loans, life insurance, credit tenant leases, whole businesses, utility stranded costs, healthcare receivables, residential mortgage loans, container leases and dealer floorplan loans.

Patrick was the chair from 2015-2018 of the New York City Bar Association's Structured Finance Committee, which covers legal and regulatory issues related to the securitization industry, including on its securitizationflash blog. Patrick is also the editor of two books about securitization: "Securizations: Legal and Regulatory Issues" published by Law Journal Press and "Structured Finance & Securitization - Getting the Deal Through" published by Law Business Research. Structured Finance &  Securitization 2018

 


Preetha Gist is a partner in Chapman and Cutler’s Asset Securitization Department and Banking and Financial Services Department. Preetha’s practice focuses on value-based services to financial institution clients, drawing on her experience and insights from serving as general counsel for the capital markets unit of a major US financial institution and in-house in various roles at several major banks. Her understanding of client value and the needs of bank clients drives her practice. 

Banks and other capital markets financial service providers, particularly those active in the structured finance markets, face a challenging and ever changing regulatory environment with new and complex regulations. Preetha’s understanding of complex financial regulations is both broad and deep. She balances her in-depth technical knowledge with pragmatic insights to develop workable solutions for her clients, either when advising on regulatory matters generally or representing them on transactions.

Preetha is active in the Structured Finance Industry Group and currently serves as the co-chair of SFIG’s Derivatives in Securitization Task Force. She regularly participates in industry advocacy efforts partnering with in-house government relations departments to educate and advise lawmakers on the real world impacts of proposed legislative initiatives. She is also a thought leader and speaks frequently on regulatory issues relevant to the financial services field.

Preetha served as general counsel for Capital Markets at U.S. Bank and prior to that, as in-house counsel in other financial institutions, supporting debt capital markets, loan capital markets, asset securitization, and derivatives business units. She began her legal career as an associate at an Am Law 50 firm in Washington, DC.


Randy Benjenk represents domestic and foreign financial institutions and trade associations on a variety of bank regulatory issues, including compliance, government affairs, and transactional matters.

Mr. Benjenk regularly advises clients on complex bank activities, structure, and licensing matters, often involving issues of first impression at the federal banking agencies.  He is a frequent speaker and commentator on prudential regulatory topics.

Mr. Benjenk graduated cum laude from Harvard Law School and summa cum laude from Binghamton University.


Sara Hanks, co-founder and CEO of CrowdCheck, is an attorney with over 30 years of experience in the corporate and securities field. CrowdCheck provides due diligence, disclosure and compliance services for online capital formation. Its services help entrepreneurs and project sponsors through the disclosure and due diligence process, give investors the information they need to make an informed investment decision and avoid fraud and help intermediaries avoid liability.

Sara’s prior position was General Counsel of the bipartisan Congressional Oversight Panel, the overseer of the Troubled Asset Relief Program (TARP). Prior to that, Sara spent many years as a partner of Clifford Chance, one of the world’s largest law firms.  While at Clifford Chance, she advised on capital markets transactions and corporate matters for companies throughout the world.  Sara began her career with the London law firm Norton Rose. She later joined the Securities and Exchange Commission and as Chief of the Office of International Corporate Finance led the team drafting regulations that put into place a new generation of rules governing the capital-raising process.

Sara received her law degree from Oxford University and is a member of the New York and DC bars and a Solicitor of the Supreme Court of England and Wales. She serves as co-Chair of the SEC’s Advisory Council on Small and Emerging Companies. She holds a Series 65 securities license as a registered investment advisor. Sara is an aunt, Army wife, skier, cyclist, gardener and animal lover.


Amy has authored the Bloomberg Law practice guide to ICOs and Lexis Nexus' Private Equity practice guide. Previously, she was a Partner at a boutique securities law firm and General Counsel at a real estate crowdfunding platform. Amy is also the founder and co-organizer of Legal Hackers LA, which programs around the intersection of law and technology. She was also named one of ten women to watch in legal technology by the American Bar Association Journal in 2014 and one of 18 millennials changing legaltech by law.com in 2018; and was nominated as a Finalist for the Corporate Counsel of the Year Award 2015 by LA Business Journal.

Amy has also worked in international regulatory and trade policy at the U.S. Department of Commerce, and was a Presidential Management Fellow at the U.S. Department of State and U.S. Department of Transportation. She holds an LL.M. in Public International Law from the London School of Economics and Political Science, a JD from the University of Southern California Gould School of Law, and a BA in Biological Sciences from the University of Southern California.


Brian has over 18 years of industry experience.  He has worked for Macquarie since 2012, as a Managing Director in Macquarie’s Credit Markets Division (CMD) in New York.  Brian looks to meet client needs for financing, structuring and capital optimization of portfolios of consumer and green energy related financial assets.  CMD provides cash financing for a variety of assets, including unsecured consumer, PACE Bonds, receivables, solar energy credits, and student loans.  CMD has also provided clients synthetic financing through total return swap exposure on broadly syndicated leveraged loans. 

Prior to joining Macquarie, Brian spent seven years at Bank of America Merrill Lynch in New York, where he held a variety of roles, including ABS CDO structuring, legacy asset management and disposition, regulatory capital analysis, and structured TRS/Repo financing.  Other prior experience includes ABS and CLO structuring at both Citigroup and Wachovia.  Brian holds a BBA in Accountancy from the University of Notre Dame and an MBA from the MIT Sloan School of Management.  Brian resides in Manhattan with his wife and two children, where he enjoys running and following the professional Cleveland sports teams (as well as the Browns).


Nick is co-founder of Groundfloor Finance Inc. Groundfloor is an investment and lending platform where individuals can participate in short term real estate backed loans to professional builders and developers. Groundfloor makes real estate acquisition and development loans to developers looking to renovate, build, and sell single family and multifamily housing.

He received his Master of Laws from Duke University and his Bachelor of Science from the University of Alberta. Nick has previous work experience at The Financial Services Roundtable, SEC, FINRA, TD Waterhouse, and the Royal Bank of Canada.  

 


The mechanics of banking are largely fixed, difficult to change and hard to transform into a delightful experience. That’s where Best Egg is changing the playing field. Frank Borchert is General Counsel and Secretary for Marlette Funding, LLC a financial technology provider powering the Best Egg brand to find smarter ways to make money accessible so people can enjoy life.  Best Egg personal loans have helped over 370,000 customers access nearly $6B.

Mr. Borchert has extensive experience in the financial services industry and in serving consumers and small businesses through innovation.  Prior to joining Marlette, he served in various roles including Chief Regulatory Counsel for the consumer businesses at JPMorgan Chase and General Counsel for Chase Card Services.  Borchert served in the Administration of George W. Bush as Senior Advisor, Counselor to the Secretary of Housing and Urban Development and General Counsel at the Small Business Administration.  Prior to joining the government, he was EVP & Deputy General Counsel at Capital One Financial Corp. where he was responsible for managing the entire legal and government relations teams.  He began his legal career in private practice at Cleary, Gottlieb in Washington, DC.  He currently serves on the boards of the Marketplace Lending Association and Online Lenders Policy Institute, both of which are committed to expanding understanding and support for Fintech and responsible online lending.  Borchert has a B.A. from Swarthmore College, with High Honors; a law degree from N.Y.U. School of Law and was a Fulbright Fellow in Tokyo, Japan at the University of Tokyo and the Ministry of Finance.


Tim leads the Mortgages and Structured Finance legal practice group in connection with securitization, underwriting, financing, investing and trading of mortgage, consumer, corporate and transportation assets. He serves as counsel to a number of Firm committees, including the Structured Finance Capital Committee, the Underwriting Policy Committee and the Consumer Servicing Vendor Management Committee. He joined Goldman Sachs in 2000 as a vice president and assistant general counsel and was named managing director in 2008.  Tim earned a BA in Political Science, cum laude, from Middlebury College in 1986 and a JD from George Washington University in 1991.