Friday, March 12, 2010
Written by Jeannie Osborne

With attorneys and staff worldwide, Bryan Cave attorneys often make the news.  Sometimes media mentions highlight the firm’s involvement with notable clients, sometimes the individual accomplishments of attorneys and staff.  Recent media mentions of attorneys in Bryan Cave’s financial institutions practice include:

Blanchard in Financial Industry Outlets

Atlanta Partner Jerry Blanchard was quoted Feb. 25 by Bank Info Security and Cuinfosecurity.com and Feb. 23 on Financial Fraud Law.com concerning the high number of banks and credit unions that continue to fail nationwide, despite what many see as a turnaround in the economy.

Moeling in Business Week, Atlanta Journal-Constitution

Atlanta Partner Walt Moeling was quoted Feb. 25 in a BusinessWeek/Bloomberg article regarding the new investment group BSE Management LLC, which hopes to raise $1 billion to buy failed lenders in the Southeast U.S. He also was quoted Feb. 28 in The Atlanta Journal-Constitution on what happens when FDIC officials arrive to take over a failing bank.

Monday, March 8, 2010
Written by Kathryn Knudson

On Tuesday, March 16, 2010, Jerry Blanchard will be the guest speaker at the Community Bankers Association Financial Managers’ Forum (FMF) Dinner Series.  Jerry will speak on the important topic “Managing Through an Enforcement Action.”

The 2010 FMF Dinner Series is held at the Villa Christina, 400 Summit Blvd., Atlanta, GA.  The dinner schedule, along with the pricing is listed below.  You may register online on the CBA’s website.

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Saturday, March 6, 2010
Written by Matt Jessee
 
Senate Financial Regulatory Reform Bill
 
On Friday, Senate Banking Committee Chairman Christopher Dodd (D-CT) said his Committee has not reached an agreement on the pending financial services regulatory reform bill, but he hopes one will be reached within days. Dodd also indicated that the independence of the proposed “Consumer Financial Products Agency” continues to be the major point of contention between Republicans and Democrats. Senate Banking Committee Republicans oppose making the watchdog an independent agency, but have said they could support it as a unit within an existing banking regulatory agency. Dodd has suggested putting the consumer protection division in the Federal Reserve as a possible compromise. However, Dodd has drawn the line at Republican demands that a banking regulator have veto power over the consumer entity’s rule-making authority. Meanwhile, the third ranking Senate Banking Committee Democrat, Jack Reed of Rhode Island, said he would still introduce an amendment at the Committee’s markup that will insert language into the bill that would establish the consumer protection watchdog as an independent agency.
 
February Jobs Numbers Announced
 
On Friday, the Bureau of Labor Statistics announced that the nonfarm payroll employment declined by 36,000 jobs, fewer than the 50,000 that analysts predicted. February’s statistics place the total number of people out of work at 14.9 million or roughly 9.7%. While the Bureau of Labor Statistics, White House Economic Advisors Larry Summers and Christina Romer all cited the impact of February’s bad weather as a possible contributing factor to the continued job losses, Republicans cited the Administration’s yearlong battle to pass a health care bill as a distraction from job creation.
 
House Ways and Mean Committee Shakeup

On Thursday, after now-former Ways and Means Chairman Charles Rangel (D-NY) indicated he would step aside temporarily, Rep. Pete Stark (D-CA), who was next in line behind Rangel, indicated that he would not pursue the Chairmanship. House Democrats installed Rep. Sander Levin (D-MI) as acting chairman of the powerful tax writing panel for the remainder of the year, or until Rangel is sufficiently cleared by the Ethics Committee. If Democrats retain their majority in the House, however, the Chairmanship of the Committee would reopen and sources indicate Massachusetts Rep. Richard Neal, Washington Rep. Jim McDermott, and Georgia Rep. John Lewis may challenge Levin for the top spot.

Friday, March 5, 2010
Written by Bryan Cave

On February 3, 2010, the Treasury Department announced the final terms of the Community Development Capital Initiative (“CDCI”), a new TARP program that will invest lower-cost capital in certified Community Development Financial Institutions (“CDFIs”). A certified CDFI is a financial institution that works in markets that are underserved by traditional financial institutions and is certified by the Department of the Treasury’s CDFI Fund.

In order to become a certified CDFI, an institution must meet each of the following certification criteria:

Primarily Serve One or More of the following CDFI Designated Target Markets

1. Investment area, which includes, but is not limited to, geographic boundaries that (i) have a population poverty rate of at least 20%; (ii) have an unemployment rate 1.5 times the national rate; or (iii) are located within an Empowerment Zone or Enterprise Community.

2. Low-income targeted populations, which are comprised of populations with income of not more than 80% of the metropolitan area median family income, or, for rural areas, not more than the greater of 80% of either the area or statewide non-metropolitan median family income.

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Wednesday, March 3, 2010
Written by Kathryn Knudson

Bryan Cave LLP welcomes John ReVeal  and Jonathan Hightower to the firm’s Financial Institutions group.  Both Mr. ReVeal and Hightower returned to Bryan Cave on on March 1, 2010.

John ReVeal

As a former Powell Goldstein LLP partner, Mr. ReVeal brings a wealth of experience in regulation of state and federally chartered banks and savings institutions, credit card and prepaid card issuers, mortgage lenders, consumer finance companies and other providers of financial services and products.

“The D.C. market is ripe with opportunities in the banking and finance sectors, and under John’s direction, the D.C. office will certainly expand in these areas of business” said Walt Moeling, Atlanta partner and co-head of the Financial Institutions group.  “We also look forward to having John’s nationally recognized expertise available to our financial services clients located throughout Bryan Cave’s footprint,” Moeling added.

Prior to re-joining Bryan Cave, Mr. ReVeal focused on financial institution regulation and transactions as a partner in another law firm, advising banks and savings institutions on consumer protection regulations, organizational and transactional matters, bank and thrift powers, federal preemption, exportation of rates and charges, and financial institution licensing issues. He facilitates the purchase and sale of banks, thrifts, and non-bank financial institutions.  Mr. ReVeal also advises on consumer protection regulations.

Mr. ReVeal earned his Juris Doctor in 1990 from the University of California at Berkeley School of Law, attending his third year at Harvard Law School.  He earned a Bachelor of Arts from the University of Washington in 1987.

Jonathan Hightower

A former Powell Goldstein LLP associate, Hightower re-joined the firm’s Financial Institutions group on March 1, 2010.

Prior to re-joining the Firm, Mr. Hightower focused on financial institution, corporate and regulatory matters  in a Texas office of another law firm.  Throughout his career, he has represented financial institutions in mergers and acquisitions, capital raising transactions and in all types of regulatory matters.  Recently, his practice has focused on capital markets transactions and on advising financial institutions facing regulatory challenges. His corporate and securities work includes public and private debt and equity securities offerings and SEC reporting. Mr. Hightower also advises financial institutions on regulatory and compliance issues, tax planning, and compliance in corporate governance.

Mr. Hightower received his J.D. with honors in 2004 from University of Georgia School of Law and his B.B.A. with honors in 2001 from the University of West Georgia.

Monday, March 1, 2010
Written by Jeannie Osborne

SEC Publishes Interpretive Release on Climate Change Matters 

Yesterday, the SEC published its interpretative release regarding disclosure requirements applicable to climate change matters. The release provides guidance on certain existing disclosure rules that may require a company to disclose the impact that business or legal developments related to climate change may have on its business. 

For more information, please read the client alert published by Bryan Cave LLP’s Corporate Finance and Securities practice on February 3, 2010. 

SEC Amends E-Proxy Rules to Provide Increased Flexibility

Yesterday the SEC approved amendments to the notice and access proxy, or “e-proxy,” rules.  The amendments will provide increased flexibility for companies regarding the format and content of the notice.

For more information, please read the client alert published by Bryan Cave LLP’s Corporate Finance and Securities practice on February 23, 2010.

Federal Judge Rules that Data Backup Tapes Need not be Retained for eDiscovery, Unless They are the Sole Source of Relevant Evidence

Federal Judge Shira Scheindlin of the Southern District of New York has ruled that it is not necessary for the litigants in a case now pending before her to retain and preserve all data backup tapes for eDiscovery:  “I am not requiring that all backup tapes must be preserved.  Rather, if such tapes are the sole source of relevant information (e.g., the active files of key players are no longer available), then such backup tapes should be segregated and preserved.” 

For more information, please read the client alert published by Bryan Cave LLP’s Records Management team on February 9, 2010. 

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