Friday, May 13, 2011
Written by Bryan Cave

With attorneys and staff worldwide, Bryan Cave often makes the news.  Recent media mentions  include Kristine Andreassen of the Financial Institutions Group in PayBefore News:

DC Associate Kristine Andreassen was quoted April 21 in PayBefore News on the recent settlement agreement approved with AT&T concerning its advertisement of rebate-related prepaid cards. Plaintiffs accused AT&T (formerly Cingular) of making misleading and unfair advertisements by displaying cell phones as discounted or free after rebate when, in fact, the rebate was distributed post-sale via a network branded prepaid card with limited terms for usage. Andreassen told the publication that this settlement should serve as another reminder of the importance of clear and conspicuous disclosures for all parties involved in rebate card programs. “Merchants using prepaid cards to distribute rebates aren’t usually thought of as having their own disclosure obligations, but clearly, they do,” she said.

Friday, March 18, 2011
Written by Jeannie Osborne

With attorneys and staff worldwide, Bryan Cave often makes the news.  Recent media mentions of attorneys in the Financial Institutions group include:

Moeling in The Atlanta Journal-Constitution

Atlanta Partner Walt Moeling was quoted March 5 in The Atlanta Journal-Constitution concerning the high number of failed banks in Georgia, many of them concentrated within 70 miles of Atlanta. For the most part, the failed banks were heavily tied to the state’s once-booming housing market. “The banks that failed are a direct reflection of the economy that supported them,” Moeling said.  Click here to read the full article.

Custer and Dempsey in The Atlanta Journal-Constitution

Atlanta Partner Bill Custer was quoted March 10 in The Atlanta Journal-Constitution for his representation of a syndicate of banks that held an $89.3 million loan on a large Arizona development that failed. Following a one-week arbitration last December in which Custer and Atlanta Partner Jennifer Dempsey represented the banks, a panel of arbitrators entered an award on Valentine’s Day against longtime Atlanta developer W. Harrison Merrill in the amount of $43.6 million. Unfortunately, the decision does not clear the way for banks, located primarily in the Southeast, to collect the money any time soon. A trial in the Superior Court of Pinal County, Ariz., later this year ultimately will be required to resolve the matter.  Click here to read the full article.

Friday, December 3, 2010
Written by Jeannie Osborne

With attorneys and staff worldwide, Bryan Cave often makes the news.  Recent media mentions  include Rob Klingler of the Financial Institutions group on NPR.

Atlanta Associate Robert Klingler was interviewed Nov. 23 on National Public Radio’s “All Things Considered” concerning the FDIC’s recently released list of problem banks. The number has gone up again – 860 institutions are on its official watch list. That’s the most since 1993. “We’ve had banks that survived the Great Depression but couldn’t make it through the Great Recession, and each one is a traumatic event,” Klingler said. Click here to read a full transcript of the interview.

Monday, November 22, 2010
Written by Jeannie Osborne

With attorneys and staff worldwide, Bryan Cave often makes the news.  Recent media mentions of attorneys in the Financial Institutions group include:

Blanchard in Atlanta Business Chronicle

Atlanta Partner Jerry Blanchard was quoted Nov. 4 in the Atlanta Business Chronicle in connection with a resurgence of energy from Georgia banks. The state has suffered numerous bank failures, and even those that did not go under have in large part been hibernating during the recession. But now they are starting to look for capital again, he said. “To the extent that everybody has been looking for light at the end of the tunnel, this is a little light,” Blanchard said.

Klingler in Banker & Tradesman.

Atlanta Associate Robert Klingler was quoted extensively Oct. 18 in Banker & Tradesman on the good and bad that small banks have seen since accepting TARP funds. Banker & Tradesman is a banking trade publication out of Massachusetts.

Moeling in American Banker

Atlanta Partner Walt Moeling was quoted Nov. 4 by American Banker concerning an announcement by our client Brand Group Holdings Inc. that it will raise up to $200 million through affiliates of Carlyle Group, Stephens Group LLC and Nonami LLC, owned by the Cousins family in Atlanta. Analysts say the deal is the first time in years that private equity has made a big traditional investment in Georgia, rather than using shelf charters or failed banks. “We haven’t had a significant infusion of capital in any Atlanta-based community bank in three years, essentially,” Moeling said. “The banks that are still standing may be battered and bruised but, by God, they’re still standing and the biggest hits have been taken.” Click here to read the article, republished by Bank Investment Consultant. He also was quoted Oct. 27 by American Banker on Ameris Bank, one of the few homegrown banks in Georgia to have bid successfully on multiple failed banks. Ameris just made its fourth failed-bank purchase in the past year – notable given that Ameris has had eight consecutive quarters of net losses largely owing to credit deterioration in real estate-related loans. Analysts say the bank has become a serial acquirer by proving it can handle these takeovers in its recession-battered market.

Friday, October 29, 2010
Written by Jeannie Osborne

With attorneys and staff worldwide, Bryan Cave often makes the news. Recent media mentions of attorneys in the Financial Institutions group include:

Moeling in ABA Banking Journal

Atlanta Partner Walt Moeling was quoted in the October edition of the ABA Banking Journal concerning whether all banks should have a board-level “risk committee.” Currently, the Dodd-Frank Act imposes a risk-committee requirement on public bank holding companies (BHCs) of $10 billion or more. It empowers the Federal Reserve to impose such requirements on other public BHCs, but debate is growing as to whether all banks should voluntarily put these committees in place. “I think this is going to get into the examination process very quickly,” said Moeling, who thinks a risk committee isn’t necessary for small, simple community banks and should be reserved for more complex organizations.

Saturday, October 2, 2010
Written by Jeannie Osborne

Moeling in Atlanta-Journal Constitution, American Banker

Atlanta Partner Walt Moeling was quoted Sept. 28 in The Atlanta Journal-Constitution regarding Peoples Bank of Winder, which shut its doors this month, and Silverton – Georgia’s largest-ever bank failure. Both banks were led by Christopher B. Maddox when they closed. Click here to read the article. Moeling also was quoted Sept. 17 by American Banker (republished on Bank Investment Consultant online) concerning whether the rate of bank failures may be slowing. The Sept. 10 closure of Horizon Bank in Bradenton, Fla. – the 119th this year – was the first since Aug. 20. Moeling said that while “the frequency does” appear to be moderating, “if you look at the data and you look at the capital levels there are still banks chiming in at that under-2% level that’s going to produce a failure. We’re not seeing a real recovery.” Click here to read the full article.

Tuesday, September 7, 2010
Written by Jeannie Osborne

Recent media mentions of attorneys in the financial institutions practice include Hightower in American Banker

Atlanta Associate Jonathan Hightower was quoted in the August edition of American Banker (reprinted in the related Bank Technology News) regarding the Office of Financial Research (OFR), which was created by the sprawling financial regulatory reform bill. While created to keep tabs on systemically important institutions, Hightower said the OFR’s data requests likely will trickle down to many smaller institutions. Click here to read the article.

Friday, August 20, 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 the financial institutions practice include:

Klingler in American Banker

Atlanta Associate Robert Klingler was quoted Aug. 4 by American Banker regarding the charges against Rep. Maxine Waters, and whether those charges might be of use to banks denied TARP funds. An ethics panel report alleges Waters may have broken rules when she helped a trade group arrange a meeting between then-Treasury Secretary Henry Paulson and executives of OneUnited Bank, an institution with financial ties to her husband and huge losses from the takeovers of Fannie Mae and Freddie Mac. Klingler said the government had a uniform standard for deciding TARP investments – essentially awarding funds to institutions that could prove their viability – and no one ever expected the system to be perfect. “We understand that the process will sometimes result in wrong outcomes,” he said, adding that those who believe they were treated unfairly could use the Waters investigation for “rhetoric” at best. “I don’t know that it is rhetoric that necessarily the public is happy with. Generally, the public is opposed to TARP. So hearing a bank whine about not getting TARP isn’t going to get the American public riled up.”

Moeling in National, Regional Publications 

Atlanta Partner Walt Moeling was quoted in the August edition of US Banker on the moves being made by community banks to boost their capital ratios. “In this kind of market, the most successful banks that deal with their problems don’t just take one approach, they pull out the playbook,” Moeling said. “My most successful clients have cut expenses, sold branches, consolidated charters, disposed of nonbank activities.” Click here to read the full article. Moeling was quoted Aug. 10 by American Banker (reprinted by Bank Investment Consultant online) concerning a push of stock offerings expected this fall from community banks, particularly via private placements rather than public offerings. Click here to read the article. In addition, he was quoted Aug. 2 in The Atlanta Journal-Constitution regarding JPMorgan Chase & Co., which plans to open 10 new bank branches across the northern metro Atlanta area by the end of the year. Eight currently are under construction. Click here to read the article.

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Friday, July 30, 2010
Written by Jeannie Osborne

With attorneys and staff worldwide, Bryan Cave attorneys often make the news.  Recent media mentions include Walt Moeling of the Financial Institutions practice group:

Moeling on WABE Radio, in Atlanta Journal-Constitution

Atlanta Partner Walt Moeling was interviewed July 26 by WABE Radio, the Atlanta NPR affiliate, and was quoted July 22 in The Atlanta Journal-Constitution on the anticipated uptick in Georgia’s bank failures. Moeling said he expects to see two to four failures per month through the end of the year. “If the economy remains stable, it’s one answer,” he told the Journal-Constitution. “If it slumps…borrowers are going to give up [paying their loans] quickly, and that will boost the number.” Thirty-nine banks have failed in Georgia since August 2008 – the most for any state. Click here to read the full Journal-Constitution article.

Tuesday, July 6, 2010
Written by Jeannie Osborne

Recent media mentions of attorneys in Bryan Cave’s financial institutions practice include:

Atkinson in Virginian-Pilot
Charlotte Partner B.T. Atkinson was quoted June 7 by The Virginian-Pilot in Norfolk, Va., concerning private-equity firms that are investing in troubled banks. Hampton Road Bancshares, parent company of Hampton Road Bank and Shore Bank, recently announced that private equity firms will invest in the company. Click here to read the article.

Hester in American Banker
Atlanta Associate Barry Hester was quoted June 10 by American Banker on a controversial provision of the financial reform bill that would tighten capital restrictions on many banks, including those still participating in the government’s TARP bailout program. “It will immediately result in undercapitalization for a number of banks,” Hester said. “It would be like flipping the switch, where banks that are currently OK would suddenly need to raise more capital. It could be a disaster if it isn’t phased in to let people plan ahead.”

Klingler on thestreet.com, bailoutsleuth.com
Atlanta Associate Robert Klingler was quoted June 4 by thestreet.com regarding bank capital standards. Click here to read the article. He also was quoted that same day by bailoutsleuth.com on the Small Business Lending Fund, which is designed to inject $30 billion into small banks – defined as those with less than $10 billion in assets – with the idea that they will in turn lend money to small businesses.

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