Minimizing Bank Officer and Director Liability in an Era of Heightened Regulatory Scrutiny

Theories of Liability and Defenses, Lessons from FDIC Litigation, CFPB/State AG Scrutiny, Indemnification and D&O Coverage

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


Conducted on Tuesday, January 12, 2016

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will discuss current hot topics for bank officers and directors, litigation and enforcement risks and key defenses, and lessons learned from FDIC litigation against bank officers and directors triggered by the financial crisis.

Description

A recent American Bankers Association (ABA) survey indicated that about two thirds of bank officer and director respondents are very concerned about personal liability for their business decisions. Another third indicated they were somewhat concerned. Respondents rated lawsuits by bank regulators as their number one source of potential personal liability.

Recent regulatory guidance has focused on cybersecurity. Another focus of attention concerns confidential information, including BSA information, that may be communicated electronically to directors who attend board meetings remotely.

A critical defense for bank officers and directors is the “business judgment rule” which has been under attack in recent litigation, particularly in litigation brought by the FDIC against D&Os of failed banks. Counsel representing bank D&Os must navigate the distinctions between state law and judicial decisions relating to this important defense.

Listen as our authoritative panel of banking practitioners reviews current hot button liability risks for bank officers and directors. The panel will review current issues facing bank officers and directors, recent developments in theories of liability and key defenses, including the business judgment rule, and lessons learned from the FDIC litigation.

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Outline

  1. Litigation risks for officers and directors
  2. Risk mitigation measures
    1. Protection in corporate bylaws
    2. Indemnification and exculpation
    3. D&O insurance
  3. Lessons learned from FDIC litigation
  4. Hot topics for bank officers and directors
    1. Protecting confidential information
    2. Staying on top of cybersecurity
    3. Recent enforcement and regulatory activity

Benefits

The panel will review these and other key issues:

  • Potential liability for bank loan approvals
  • Potential liability for cybersecurity and electronic receipt of confidential information
  • Recent case law application of the business judgment rule
  • Lessons learned from FDIC litigation against officers and directors of failed banks
  • What factors should D&Os consider in determining whether to retain independent counsel?

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

John E. (Sean) Johnson
John E. (Sean) Johnson

Partner
Johnson & Cassidy

Mr. Johnson’s practice involves commercial litigation, employment contract enforcement and negotiation,...  |  Read More

Dennis S. Klein
Dennis S. Klein

Partner
Hughes Hubbard & Reed

Mr. Klein specializes in handling complex commercial litigation, including officer and director liability lawsuits;...  |  Read More

Charles L. (Charlie) Stutts
Charles L. (Charlie) Stutts

Partner
Holland & Knight

Mr. Stutts’ practice focuses on securities and banking law. As former general counsel to the Florida...  |  Read More

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