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A partner at White & Case from 1968 to 1996, Clyde Mitchell concentrates on corporate, financial and banking law. He has been particularly active in financing and capital markets transactions and in regulatory matters for non-U.S. financial institutions, primarily those based in Latin America and Europe.
He has represented foreign banks in connection with the opening and operation of branches, agencies and representative offices in the United States. This has involved advising on the requirements of federal and state laws and regulations and representing financial institutions before federal and state banking regulators, including the Federal Reserve Board, Office of the Comptroller of the Currency and the New York Department of Financial Services. He counsels banks at the initial application stage and later in connection with ongoing activities, examinations and investigations.
The first Argentine bank permitted to establish an office in the United States under recently enacted federal requirements, Banco de Galicia y Buenos Aires was licensed in 1994. Mr. Mitchell represented the bank throughout the application process. He also provided advice in obtaining Federal Reserve Board recognition of the Central Bank of Argentina, which became only the second Latin American central bank, and the ninth globally, to qualify for Federal Reserve consolidated and comprehensive supervision.
Mr. Mitchell has represented foreign banks in the public offering and private placement of debt, equity and commercial paper in the United States. This includes offerings of their own securities, as well as capital market transactions on behalf of customers. He represented the first Latin American bank to make a US-registered offering.
Mr. Mitchell has substantial experience in representing US and international lenders in restructuring the US dollar indebtedness of public and private sector companies in Mexico and Latin America. In 1983–84, he represented most of the US and international banks restructuring US dollar loans to the Mexican private sector (including most of the Monterrey groups) pursuant to the FICORCA Program.
Over his career, Mr. Mitchell has represented most major US money center banks as well as a number of the largest public- and private-sector foreign banks, in significant financial transactions and regulatory matters. During the Iranian hostage situation in 1979–1981, he represented a major US money center bank in connection with the resolution of its problems with Iran, relating to bank deposits that were eventually released in January of 1981 in connection with the freeing of the hostages.
Mr. Mitchell's reputation and track record have led to his involvement with a number of significant professional and business associations, including the Banking Law Committee of the American Bar Association and the City Bar.
Mr. Mitchell was selected to serve as a member of the American Delegation to the NAFTA Joint Working Group of the Legal Professions, which--on June 19, 1998 (after several years of negotiation), entered into Joint Recommendations with the Delegations of Canada and Mexico for the cross-border delivery of legal services in Canada, Mexico and the United States.
Mr. Mitchell serves as Adjunct Professor of Banking Law at Fordham University School of Law, where he teaches Financial Services Regulation. He is also a Director of both Deutsche Bank Trust Company Americas (formerly Bankers Trust Company) and Deutsche Bank Trust Corporation.
Mr. Mitchell has organized and chaired numerous seminars in the financial services area, including a seminar for the Institute of International Bankers on the public offering of securities in the US by international banks and on their securities activities in the US. He has organized and chaired a seminar for the Spain-US Chambers of Commerce on privatization in Spain and Latin America. He has conducted various banking seminars for younger lawyers at White & Case and for a number of the Firm's clients.
Mr. Mitchell was one of the organizers, with Professor Joseph Crowley and others, of The Fordham Law School Institute on Law and Financial Services in March of 1983. He also was a member of the planning committee for the initial seminar held by the Institute on March 22 and 23, 1984 entitled "The Financial Services Industry: Present Issues and Future Prospects," and served as chairman of one of its panels.
Mr. Mitchell edited a monthly column on banking for the New York Law Journal from 1982 to 2013, which covered most of the major issues in the Financial Services Industry during that period.