Regulatory Practice in U.S. Banking Organizations: Recent Trends and Current Developments
Abstract
Various developments over the past two decades have dramatically changed the work of regulatory lawyers in large and complex U.S. banking organizations. These have included significant transformative legislation, external geopolitical and economic events (notably the "war on terrorism" and increased globalisation), and greater activism on the part of U.S. and international banking and other financial services supervisors regarding the need for management at an enterprise-wide level of newly-defined types of risks, within a framework of "enterprise risk management." These events and trends have required in-house U.S. bank regulatory lawyers to develop skills not simply as legal interpreters or advisors, but as risk managers. At the same time, large U.S. bank legal departments have developed various mechanisms to deal with the greater complexity of the regulatory environment in which U. S. banks now operate.