Bank Executives Under Heightened Scrutiny by the FDIC

Defending FDIC Lawsuits and Agency Enforcement Actions and Maximizing D&O Insurance Coverage

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

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Conducted on Tuesday, October 9, 2012

Recorded event now available

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Course Materials

This CLE course will provide attorneys with a review of liability theories in FDIC litigation and enforcement actions against bank executives. The panel will analyze D&O insurance coverage and offer best practices for defending directors and officers of failed institutions against FDIC suits and regulatory actions.

Description

As of July 2012, the FDIC has filed 32 lawsuits against 266 officers and directors of failed banks in an effort to recover $6.8 billion in damages. The FDIC has authorized lawsuits against 576 individuals at failed institutions, indicating many more suits are imminent.

Counsel for bank executives of failed or failing institutions should review coverage under applicable D&O insurance policies and anticipate policy exclusions that insurers are most likely to raise.

In addition to the FDIC litigation threat, regulatory agencies can initiate administrative enforcement proceedings against directors and officers of a financial institution seeking civil monetary penalties that are often not covered by D&O insurance policies.

Listen as our authoritative panel of attorneys discusses trends in FDIC litigation and agency enforcement actions against executives of failing or failed financial institutions, reviews theories of liability, common defenses, and D&O insurance coverage issues, and suggests best practices for preparing a solid defense.

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Outline

  1. Officer and director duties: regulatory enforcement
  2. FDIC post-closure proceedings
    1. Lessons learned from the era of failed thrift institutions
    2. Current FDIC activity
    3. Theories of liability and common defenses
  3. Maximizing available D&O insurance coverage

Benefits

The panel will review these and other key questions:

  • What are the factors the FDIC is likely to consider in bringing an action against executives of a failed financial institution?
  • What are the applicable theories of liability against officers and directors and what are their best defenses?
  • What are the trends in D&O coverage that apply to FDIC litigation and regulatory enforcement actions?
  • How are insurance carriers interpreting coverage provisions for FDIC-initiated litigation and civil penalties by regulatory agencies?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Mary C. Gill
Mary C. Gill
Partner
Alston & Bird

With over 30 years of experience in securities litigation, financial services litigation and complex...  |  Read More

Steven C. Morrison
Steven C. Morrison
Counsel, Professional Liability/Financial Crimes Group
FDIC

With 25 years experience as a trial attorney and 34 jury trials of complex civil and criminal matters as lead counsel...  |  Read More

Linda D. Kornfeld
Linda D. Kornfeld
Partner
Jenner & Block

A nationally recognized insurance coverage litigator with extensive trial and appellate experience, she represents...  |  Read More

Additional faculty
to be announced.

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