Jay L. Hack

His broad-based financial institutions practice addresses a full range of legal needs for banks and other regulated institutions. He has chartered numerous de novo banks and has prepared stock offering materials to satisfy both FDIC and SEC requirements to raise capital in public and private offerings for both new and seasoned companies. He regularly assists clients in addressing complex regulatory issues and in dealing with examination report criticisms. On the retail banking side, he helps develop documentation for cutting-edge bank services to satisfy federal and state regulations in fields as varied as cybersecurity, BSA/AML compliance, and remote transaction security procedures. For over 40 years, he has been a leader in negotiating data processing contracts and core system conversions with almost every major data processing service provider. On the lending side, he negotiates and documents complex multi-national trade finance transactions as well as more conventional domestic commercial mortgage loans and commercial construction loans.

He also supports other practice areas within the firm by bringing his extensive knowledge of banking transactions and banking law to the table when clients need assistance in matters involving money, finance, and securities transactions. 
 

Published Works

• Banking Marijuana Businesses: Should We or Should We Not? NY Business Law Journal, 2021 Volume II.
• The Dormant Commerce Clause and Equal Protection Go to War with the 21st, Alcohol Law Newsletter, Winter 2020/21.
• Proof of Insurance: Be Careful What You Wish For – You Can’t Always Get What You Want. NY Business Law Journal, Summer 2019
• Electronic Deposit of Checks—Tips to Avoid Problems, NY Business Law Journal, Summer 2017
• Tugboats, Glaucoma and the Check Collection Process, NY Business Law Journal, Fall 2008
• Trust Preferred Securities. Community Bank Notes, the magazine of the Independent Bankers Association of New York State, March/April 2005.
• Declarations Against Penal Interest - Standards of Admissibility in an Emerging Majority Rule, 56 Boston University Law Review 148 (1976), quoted by the United States Supreme Court in Williamson v. United States, 512 US 594, 617 (1994) (Kennedy, J., concurring); also cited by United States Courts of Appeals for the first, third and fifth circuits, the Court of Military Appeals and the Supreme Courts in the states of California, Kansas, Maine, Massachusetts, Minnesota, New Hampshire, New York, North Carolina, and Wisconsin.

Recent Seminars and Panel Presentations

• Government Closures Of Silicon Valley Bank And Signature Bank: What Lawyers Need To Know. March 2023, for the NYS Bar Association
• Bank Closures, The FDIC, Escrow Accounts And Ethics: What Lawyers Need To Know. March 2023, for the NYS Bar Association. Principal Organizer, Moderator and Speaker. With Sara Kelsey, former General Counsel, FDIC, Washington, DC; Marjorie Gross, former Deputy Superintendent and General Counsel, NYS Banking Department; and The Honorable Barney Frank, principal author, Dodd-Frank Wall Street Reform and Consumer Protection Act.
• Two Banks Died But Depositors Big and Small Were Saved - The Who, What, When, Where, and Why of Silicon Valley Bank and Signature Bank.April 2023. For the CPA Academy.
• Powers of Attorneys – How Banks Should Manage the New Mandatory Acceptance Requirements. Independent Bankers Association of New York State, 2021. 
• Cybersecurity Implementation Requirements – They’re Not Just for Banks Anymore. New York Association of Realty Managers, 2021.
• PPP Loan Requirements. New York State Bar Association, 2020 (also presented to the NYS Association of Psychologists, the Minnesota Association of Family Therapists, and the New York Association of Realty Managers).
• Main Street Lending Facility Requirements. New York State Bar Association, 2020.
• Legal And Ethical Considerations In Securitized Loan Transactions. July 2020. Jointly with Troy A. Paredes, Former Commissioner, Securities and Exchange Commission.
• Legal, Ethical and Practical Considerations in Handling Attorney Escrow Accounts. New York State Bar Association, 2019.
• The Anatomy of a Residential Mortgage Loan. Bridging the Gap for Young Lawyers. New York State Bar Association, 2019.
• Regulatory Update – Banking the Marijuana Industry, Should We or Shouldn’t We. Independent Bankers Association of New York State, 2018.