John Banes
  1. Partner

Mr. Banes is a partner in Davis Polk's Financial Institutions Group. He advises banks and other financial institutions on all types of corporate finance transactions and a range of regulatory matters. He is also a partner in the firm’s white collar and criminal defense practice and the internal investigation practice, and advises clients on investigations and compliance matters and related corporate governance, financial reporting and disclosure issues.

Work Highlights

Recent Representations

Corporate Governance, International investigations and Compliance

  • Representing U.S. and non-U.S. companies on internal investigations and regulatory enforcement matters and providing related compliance, governance, including under the Foreign Corrupt Practices Act (FCPA), and transactional advice.
  • Telia in the settlement of FCPA investigations by DOJ and the SEC into allegations of bribery involving its entry into the Uzbekistan market

  • BHP Billiton in connection with SEC and DOJ investigations into potential FCPA breaches related to terminated exploration and development efforts as well as hospitality provided in connection with the sponsorship of the 2008 Beijing Olympics

  • A global financial institution in obtaining an opinion of DOJ under the FCPA in connection with a joint venture transaction

  • Siemens AG on the 2008 resolution of the DOJ and SEC investigation into violations of the FCPA, one of the largest such resolutions to date
  • The audit committee of Royal Dutch Shell in connection with their investigation of Shell’s recategorization of oil and gas reserves

Capital Markets

  • SEC-registered and Rule 144A/Regulation S offerings by banks and other financial institutions of equity, preferred stock, AT1 and other convertible debt, Tier 2 subordinated debt and senior securities (including TLAC and MREL eligible debt), as well as complex exchange offers, tender offers and other liability management exercises (LMEs)
  • Lloyds Banking Group on various AT1, Tier 2 and senior offerings as well as cash tender and exchange offers
  • Designated underwriters counsel on Deutsche Bank AG’s 2010, 2014 and 2017 capital increases, raising over €20 billion in total proceeds.
  • ABN AMRO on its 2015 privatization and initial public offering.
  • Various offerings by UBS, Julius Bär, DnB Nor and other European financial institutions.

M&A

  • Technip SA on its business combination with FMC Technologies to create TechnipFMC plc

  • Edwards Group on its sale to Atlas Copco
  • A major European transportation company on various global operational joint ventures
  • Financial advisers to Mittal Steel on its unsolicited offer for Arcelor

Of Note

  • Mellon Fellow in History, Columbia University, 1986-1987
  • Teacher (English), Tunghai University, Taichung, Taiwan, 1984-1986

Professional History

  • Partner, 1999-present
  • Associate, 1992-1999
  • Frankfurt office, 2000-2002
  • London office, 1994-1999; 2002-2018
  • Law Clerk, Hon. J. Frederick Motz, U.S. District Court, Maryland, 1991-1992

Bar Admissions

  • State of New York

Education

  • A.B., Princeton University, 1984
    • summa cum laude
  • J.D., Yale Law School, 1991
    • Coker Fellow

Languages

  • German