Alan W. Avery

  • Partner
  • Ealan.avery@lw.com
  • 885 Third Avenue
  • New York, NY 10022-4834
  • USA
  • T +1.212.906.1301
  •  
 

Profile

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 on 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.

Experience

Mr. Avery has represented many 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.

Thought Leadership

  • Banks Can Hold Stablecoin Reserves, OCC States in Crypto-Friendly Letter -  September 25, 2020
  • From Safe Deposit Boxes to Cold Wallets, Bank Custody Evolves -  July 30, 2020
  • OCC’s New Comptroller Announces Innovative Fintech Initiatives -  July 30, 2020
  • Federal Regulatory Agencies Finalize Amendments to the Volcker Rule’s Covered Fund-Related Restrictions -  July 07, 2020
  • Federal Reserve Provides Additional Resources for Financial Markets Participants -  April 21, 2020
  • FAQs: Federal Reserve’s Main Street Lending Facilities for Small and Mid-Sized Businesses -  April 10, 2020
  • US Federal Banking Agencies Introduce Further Measures to Address Continuing COVID-19-Related Risks -  April 09, 2020
  • Federal Reserve to Establish a Facility to Facilitate Lending to Small Businesses Pursuant to the SBA’s Paycheck Protection Program -  April 08, 2020
  • FAQs: Loan Programs for Larger Businesses Under Title IV of the CARES Act -  March 28, 2020
  • US Federal Banking Agencies Introduce Additional Measures to Address COVID-19-Related Risks -  March 24, 2020
  • US Federal Banking Agencies Introduce Measures to Protect US Financial System Against COVID-19-Related Risks and Assist Consumers Affected by COVID-19 -  March 20, 2020
  • FSB Concerns Over Cloud Concentration in Financial Services Continues  -  October 08, 2019
  • US FinTech: Regulating the Future -  September 10, 2019
  • The Systemic Importance of Cloud-Based Service Providers to Banks -  September 05, 2019
  • To Charter or Not to Charter? Federal Judge Presses Pause on the OCC’s Plans -  May 09, 2019
  • Two Proposed Volcker Rule Updates: “Banking Entity” Definition and Name-Sharing Restriction  -  December 27, 2018
  • To Charter or Not to Charter? Considerations for FinTech Companies Seeking to Apply for an OCC Special Purpose National Bank Charter -  October 29, 2018
  • The Acquisition and Leveraged Finance Review – US -  October 17, 2017
  • Two Volcker Rule Updates: Foreign Excluded Funds and Seed Investments -  July 31, 2017
  • The UK Financial Conduct Authority Bans Use of Certain Restrictive Contractual Clauses -  July 11, 2017
  • OCC guidance on availability of special purpose national bank charters for FinTech companies -  May 25, 2017
  • European Central Bank Publishes Guidance on Leveraged Transactions -  May 19, 2017
  • Initial Reactions To Bank Charter Plan For Fintech Cos. -  January 09, 2017
  • NYSDFS Revises Cybersecurity Rules to Accommodate Industry Concerns -  January 05, 2017
  • Financial Institutions Await Response to Concerns Over NYSDFS’ Proposed Cybersecurity Rules -  December 22, 2016
  • US-Style Leveraged Lending Guidance Comes to Europe -  December 19, 2016
  • OCC to Make Available Special Purpose National Bank Charters to Fintech Companies -  December 19, 2016
  • Bitcoin Again Held to Be “Funds” for Federal Money Transmitting Purposes -  September 23, 2016
  • Cryptocurrency: A Primer -  August 24, 2016
  • New York State Department of Financial Services Releases Final Regulations to Enhance Anti-Money Laundering and Sanctions Compliance for Financial Institutions -  July 20, 2016
  • Revised Rules on Dodd-Frank Incentive Compensation Requirements for Financial Institutions Proposed -  May 04, 2016
  • New York State Department of Financial Services Proposes Regulations to Enhance Anti-Money Laundering and Sanctions Compliance for Financial Institutions -  March 28, 2016
  • FIA L&C Division Webinar: The Other Side of the Coin: Bitcoin, Blockchain, Regulation and Enforcement -  March 24, 2016
  • Cryptocurrency: A Primer -  March 09, 2016
  • US Loan Market Adapts to European Bail-In Directive -  February 02, 2016
  • Enforcement Trends in Cryptocurrency -  December 28, 2015
  • Enforcement Trends in Cryptocurrency -  December 09, 2015
  • Derivatives Regulation Five Years After Dodd-Frank -  December 02, 2015
  • Prudential Regulators Are First to Finalize Uncleared Swap Margin Rules  -  November 20, 2015
  • Cryptocurrencies Are Commodities: CFTC’s First Bitcoin Enforcement Action  -  September 20, 2015
  • Volcker Rule Conformance Deadline Extended for Certain Funds -  December 18, 2014
  • Al-Mirsal Blog: As Bitcoin Gains Momentum, Focus on Regulation Increases -  November 23, 2014
  • Virtual Currencies: New York State Department of Financial Services Discusses Proposed Regulations -  October 22, 2014
  • GMAC/CFTC Hosts Open Meeting Regarding Bitcoin and Digital Currency -  October 21, 2014
  • Latham & Watkins Discusses New York’s Proposed Virtual Currencies Regulations -  August 25, 2014
  • Virtual Currencies: New York State Department of Financial Services Releases Proposed Regulations -  August 1, 2014
  • Volcker Rule: An Initial Look at Significant Changes -  December 23, 2013
  • CFTC Issues its Last Word on the Cross-Border Application of Derivatives Regulations (For Now) -  July 25, 2013
  • Compliance Deadline Approaches for Leveraged Lending Final Guidance -  May 10, 2013
  • Affiliated Entities Find Little "Relief" from CFTC on Inter-Affiliate Swaps -  April 29, 2013
  • CFTC Issues Further Guidance for Cross-border Swaps -  January 18, 2013
  • Federal Reserve Releases Proposed Rules Related to Foreign Banks Under Dodd-Frank -  December 21, 2012
  • Treasury Department Pooled Auction Initiative to Sell TARP Investments -  July 24, 2012
  • CFTC Issues Proposed Interpretation of US Swaps Regulations -  July 07, 2012

Presentations

  • Derivatives Market – 2015 Year in Review: A Summary -  December 09, 2015
  • Derivatives Market – 2015 Year in Review: Webcast -  December 09, 2015

“A very keen analyst both of core and related issues”
“Possesses great knowledge and provides good, practical advice”

Chambers USA 2020
Bar Qualification
  • New York
Education
  • JD, Pace University School of Law, 1998
    summa cum laude
  • BS, United States Military Academy, 1983
    Distinguished Cadet (Top 5%); with Honors
Practices
  • Mergers & Acquisitions
  • Dodd-Frank & The Consumer Financial Protection Bureau
  • Capital Markets
  • Banking
  • Private Equity
  • Latin America Practice
  • Financial Regulatory
  • Investment Funds
  • Derivatives