Richard Q. Lafferty

One Wachovia Center

301 S. College Street, Suite 2300

Charlotte, NC 

Direct: 704.342.5269

Fax: 704.342.5264

rlafferty@poynerspruill.com

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Areas of Practice

Financial Services

 

Education

J.D., Wake Forest University School of Law, 1987

B.A., University of North  Carolina at Chapel Hill, 1974

Representative Experience

Experienced in banking related laws including Regulations DD (Truth in Savings), E (electronic fund transfers), CC (funds availability/check collection), D (reserves/deposit classifications), Q (interest on demand deposits) and P (privacy); FDIC insurance regs; Fair Credit Reporting Act; USA PATRIOT Act; Electronic Signatures Act; CAN-SPAM (e-mail law);and various state laws including UCC Articles 3, 4 and 4A

Extensive knowledge of checking, savings and CD accounts, Health Savings Accounts, asset management sweep accounts, and services such as online and telephone banking, debit cards, ATMs, new payment technologies, night deposits, and business cash management services

Provided legal advice for entry into new markets and development of numerous new and innovative deposit products and services

Reviewed/approved thousands of advertising/marketing materials, policies/procedures and training materials

Drafted numerous customer agreements, disclosures, contracts, etc., for both domestic and foreign use

Experienced in drafting and negotiating vendor/outsourcing contracts for financial institutions, and in development of procedures for selecting, contracting with, and overseeing service providers.

Experienced in financial institution “operational” matters such as complaint resolution; litigation management; frauds and forgeries; subpoenas, levies and other legal process; privacy breaches; and issues involving guardianships, powers of attorney, decedent accounts, trusts, wire transfers, safe deposit boxes, etc.

Extensive experience with post-merger/acquisition implementation efforts and initiatives designed to standardize products, services, systems, procedures, forms, etc., within a multi-state franchise

Professional/Community Activities

American Bar Association

North Carolina Bar Association

North Carolina Bankers Association Bank Counsel Committee, Past Chair

Speaker, 2007 NC Bankers Association Deposit Accounts Seminar

Prior Legal Experience

Bank of America Corporation, Charlotte, NC, Attorney 1988 - 2007; Assistant General Counsel 1997 - 2007

McGuire, Woods, Battle & Boothe, Richmond, VA, Associate 1987 - 1988

Publications

Author, amicus brief in Johnson v. Service Management Inc., 478 S. E. 2d 63 (SC debt collection case)

Primary drafter, Regs E and DD sections, American Bankers Association Consumer Financial Services Committee 1999 comment letter on the Federal Reserve's electronic communication proposals

Jurisdictions Licensed

North Carolina, Virginia