Duane Wall has devoted most of his career to working with banks and other ﬁnancial institutions to help them achieve their strategic objectives by navigating through the complexities of the US and global regulatory framework for ﬁnancial activities. He serves as the head of the Firm’s Global Financial Services Regulatory practice and was the head of White & Case from 2000 to 2007, during a period of substantial growth for the Firm.
Duane's clients include major banking organizations from a variety of countries. Since the financial crisis that began in 2008, he has been advising these clients and other ﬁnancial institutions on the challenges they face arising from the Volcker Rule and other regulatory hurdles. These include limitations on proprietary trading and investing in or sponsoring private equity funds and hedge funds; capital, liquidity and leverage ratio requirements; enhanced prudential standards; and other bank regulatory limitations on the establishment or expansion of operations in underwriting, merchant banking and other non-banking activities.
Duane has authored numerous insightful publications related to the legislative and regulatory challenges faced by financial institutions. Most notably, he is a key contributor to our Firm’s Coronavirus Financial Regulatory and Legislative Dashboard, which provides periodic updates and insights as the COVID-19 crisis and the response develop.
With the accelerating convergence of the financial and technology sectors (fintech), Duane has become active in fintech matters, helping financial institution clients assess and address their need for enhanced technology capability. He also works with non-bank clients to help them participate in mobile phone payment systems and other fintech initiatives.
He has a deep understanding of the global resources the Firm can make available to clients, based on his eight years as head of the Firm and his residency in the Firm's London ofﬁce from 1972–1976 and from 1980–1981.
Since the financial crisis that began in 2008, Duane's work for clients has included:
Advising a number of non-US banking organizations on how to structure their ownership of investment funds to comply with the Volcker Rule.
Working with a major non-US banking organization to develop a compliance program for its proprietary trading and investment fund activities covered by the Volcker Rule.
Helping clients structure M&A, securitization and other transactions to comply with the Volcker Rule.
Helping a number of private equity funds analyze the extent to which they may invest in banking organizations without becoming bank holding companies.
Assisting US and non-US banks in considering the effect on their lending activities of the Leveraged Finance Guidance issued by the US bank regulators.
Advising a number of non-US banks on the activities in which they may engage directly or through subsidiaries in the United States without being required to form a branch or agency or acquire or form a bank in the United States.
Representing one of the major participants involved in the formation in the United States of a mobile phone payment system.
Advising clients on marketplace lending, mobile payment systems, online banking and a variety of other fintech activities.
Advising clients on other current bank regulatory developments, including how to structure their compensation systems, prepare their "living wills" and deal with their "stress tests."
Enhanced Prudential Standards for Foreign Banking Organizations: The US Approach to Ring Fencing, Client Alert, March 2014, (co-author, with Glen Cuccinello and Ernie Patrikis)
Key Provisions of the Volcker Rule Final Regulations for Non-US Banking Entities, Client Alert, December 2013, (co-author, with Glen Cuccinello and Ernie Patrikis)
A Proposed Fundamental Shift in US Foreign Bank Supervision, Client Alert, January 2013, (co-author, with Glen Cuccinello, Ernie Patrikis and Francis Zou)
Proposed Leveraged Finance Guidelines, Client Alert, April 2012, (co-author, with Eric Berg, Sean Geary and Ernie Patrikis)
Federal Deposit Insurance Corporation Approves Final Rules Regarding Resolution Plans, Client Alert, October 2011, (co-author, with Linda Leali and Gerard Uzzi)
Nuts and Bolts of Resolution Planning under the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pratt's Journal of Bankruptcy Law, February 2011, (co-author, with Linda Leali, Ernie Patrikis and Gerard Uzzi)
Listed in The Best Lawyers in America, The Legal Media Group Guide to the World's Leading Banking Lawyers and The International Who's Who of Banking Lawyers.