Kathleen A Scott

May 16, 2007 | New York Law Journal

Kathleen A. Scott, counsel with the banking advisory group at White & Case, discusses some of the challenges that international banks headquartered outside the United States with U.S. banking subsidiaries will face as they implement the new U.S. capital requirements that in many ways conflict with the revised capital rules in their home countries.

By Kathleen A. Scott

11 minute read

May 12, 2010 | New York Law Journal

In her International Banking column, Kathleen A. Scott, counsel at Arnold & Porter, discusses the FDIC's linking of the "retail deposit" threshold to the "standard maximum deposit insurance amount."

By Kathleen A. Scott

12 minute read

July 15, 2009 | New York Law Journal

Kathleen A. Scott, counsel at Arnold & Porter, discusses the the system-wide approaches the U.S. and the EU have taken in implementing the G-20 mandate to "implement reforms to strengthen financial markets and regulatory regimes so as to avoid future crises." While it is understandable that the U.S. and the EU would want to attempt to institute a process for monitoring systemic risk, the proposed Financial Services Oversight Council and European Systemic Risk Council are just that, advisory monitors.

By Kathleen A. Scott

11 minute read

January 14, 2009 | New York Law Journal

Kathleen A. Scott, counsel at Arnold & Porter, reviews the Basel Committee on Banking Supervision's "comprehensive strategy" to address weaknesses related to the regulation, supervision and risk management of internationally active banks, along with guidance released in furtherance of that strategy on fair value measurement systems and processes, external audits and stress-testing programs at banks.

By Kathleen A. Scott

9 minute read

January 12, 2011 | New York Law Journal

In her International Banking column, Kathleen A. Scott, counsel at Arnold & Porter, reviews the new rules from the Basel Committee, which strengthen the capital requirements and institute new liquidity requirements to act as "shock absorbers" to strengthen a bank's ability to handle stresses in the financial system.

By Kathleen A. Scott

12 minute read

May 13, 2009 | New York Law Journal

Kathleen A. Scott, counsel in the financial institutions group at Arnold & Porter, writes: As most readers are aware, much has been written lately about systemic risk due to the current economic situation. But the H1N1 Flu outbreak poses a systemic risk of another sort. While increasingly electronic, the world's monetary system, such as in the area of international payments, still needs people to run it. And, if those people are sidelined by their own illness or that of their family, or cannot get to work because the government has shut down businesses or roads or ordered a quarantine, a collateral consequence could be the disruption of the international payment system, which could make an already fragile global economy even more precarious, and leading to a systemic risk different than those currently being discussed, but just as relevant and capable of having a real impact on the banking system.

By Kathleen A. Scott

10 minute read

January 09, 2008 | New York Law Journal

Kathleen A. Scott, counsel at White & Case, writes that U.S. banking regulators recently weighed in on pandemic planning. Although it is part of the broader subject of business continuity, disasters such as hurricanes may cause damage that is devastating, but limited to a specific geographic region and occuring within a short period of time. A pandemic could be worldwide and of prolonged duration, requiring a plan flexible enough to address effectively a wide range of possible consequences.

By Kathleen A. Scott

9 minute read

March 21, 2007 | New York Law Journal

Kathleen A. Scott, counsel at White & Case, writes that the United States is known for its tough anti-money laundering stance and often being ahead of the curve, and its laws compare favorably to the European Union's Third Money Laundering Directive, to be implemented this year. But there are a few places for improvement.

By Kathleen A. Scott

11 minute read

November 19, 2008 | New York Law Journal

Kathleen A. Scott, counsel at Arnold & Porter, writes that excluding U.S. bank subsidiaries of non-U.S. banks from financial stabilization assistance excludes more than just captive bank subsidiaries serving a specialized customer base, it also excludes large commercial banks that serve a diverse U.S. retail customer base and directly employ in the United States nearly 250,000 people. A Treasury equity investment in U.S. banks owned by non-U.S. banks would have the same effect on the U.S. financial system as an equity investment in other U.S. banks - facilitating additional lending.

By Kathleen A. Scott

12 minute read

July 05, 2006 | New York Law Journal

Kathleen A. Scott, counsel in the banking advisory group at White & Case, discusses several of the major international players that are setting standards to fight money laundering. The more uniform these standards, the easier it is for an international bank to develop anti-money-laundering policies and procedures applicable to all members of the bank's consolidated group, making compliance more efficient and effective.

By Kathleen A. Scott

9 minute read