Bank Enforcement Actions: Trends and Developments for 2010

Negotiating and Complying With Enforcement Orders, Meeting Disclosure Requirements

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, May 20, 2010

Recorded event now available

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Program Materials

This CLE webinar will prepare counsel to banks to defend or settle bank enforcement actions and meet disclosure requirements, while minimizing compliance burdens associated with the increasingly heightened government scrutiny.

Description

Banking and thrift regulatory agencies more than doubled their formal and informal enforcement actions against banks through 2009. With bank failure rates for first quarter 2010 on track to eclipse the unprecedented failure rates of 2009, regulatory activity is increasing rather than abating.

Enforcement actions not only increase a bank’s costs and overall compliance burdens but may affect its liquidity if it becomes publicly labeled a “failing” bank. Publicly held institutions face additional challenges of corporate disclosure requirements and potential additional securities filings.

Financial institutions and their counsel must understand the complex enforcement process, take aggressive action to forestall the process, and mount an aggressive defense or negotiate the best settlement terms for the bank.

Listen as our authoritative panel of banking attorneys analyzes the latest trends in bank regulatory enforcement, outlines best practices to defend and negotiate settlements to enforcement actions, and offers strategies for addressing disclosure issues faced by publicly traded institutions.

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Outline

  1. Enforcement trends for 2010
    1. Federal agencies
    2. State agencies
  2. Negotiating enforcement actions
    1. Informal actions
    2. Formal actions
  3. Complying with enforcement actions
  4. Disclosure requirements for publicly traded institutions

Benefits

The panel will review these and other key questions:

  • What are the benefits of a negotiated voluntary plan of action and when should this be the bank's goal?
  • How can counsel convince regulators to soften the language of a cease and desist order — and why is this important?
  • What can bank-holding companies expect after their subsidiary bank is subject to an enforcement action?
  • Why is the distinction between a formal and informal enforcement action critical in terms of disclosure requirements for publicly held institutions?

Faculty

Sanford M. Brown
Sanford M. Brown

Partner
Bracewell & Giuliani

He represents financial institutions in matters involving banking laws, regulations and enforcement actions and in...  |  Read More

T. J. Mick Grasmick
T. J. Mick Grasmick

Partner
Manatt Phelps & Phillips

His practice focuses on mergers and acquisitions, nonbanking activities, formation of new banks, interstate and other...  |  Read More

Konrad Alt
Konrad Alt

Managing Director
Promontory Financial Group

He advises financial institutions on compliance, enterprise risk management, governance, and regulatory communications....  |  Read More

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