Bryan Cave LLP recently served as counsel for amicus curiae California Bankers Association (“CBA”) and helped score a victory in an important California appellate case of great interest to the banking industry, LSREF2 Clover Property 4 LLC v. Festival Retail Fund 1 357 N. Beverly Drive LP (Second District, California Court of Appeal case number B259937).
The trial court had ruled that the guarantor of a commercial loan was excused from performance on the grounds that the guaranty was a “sham,” structured by the lender to circumvent California’s anti-deficiency laws. The guarantor essentially argued that there was no legal separation between it and the borrower because it was the borrower’s “alter ego,” and as support they identified evidence that the two entities failed to observe basic corporate formalities. According to the guarantor, it should be excused from its obligations because it was essentially the same as the borrower, and thus protected by California’s anti-deficiency laws.
In its amicus brief, the CBA raised two principal arguments, both of which were adopted by the court of appeal in its published opinion reversing the trial court’s judgment in favor of the guarantor Festival Fund.
It is with great pleasure that we announce that we have launched a new blog on consumer banking compliance issues. Authored by Bryan Cave Partner, John ReVeal, the ConsumerBankingBlog provides commentary and perspective on new and proposed consumer compliance regulations, regulatory enforcement actions and trends, and the shenanigans of banking regulators. With John’s unique, unfiltered, opinions, we think you’ll find the ConsumerBankingBlog to be very different from your typical banking compliance site.
John’s goal for the ConsumerBankingBlog is to foster discussion – an open exchange of ideas between readers and John. Comments are strongly encouraged… subject to the site’s Rules for Comments, of course. (We’re still lawyers, after all.)
May 4, 2015 – May 5, 2015
The Ritz-Carlton, Atlanta
181 Peachtree Street Northeast
Atlanta, GA 30303
Sponsor(s): Hosted by Bryan Cave LLP, OTC Markets Group, Banks Street Partners, and Stock Cross Financial Services
We are pleased to announce the inaugural Financial Institutions Stock Liquidity Conference in Atlanta, Georgia. The conference will begin with a cocktail reception on Monday evening, May 4th from 6:00 – 9:00 p.m., at the College Football Hall of Fame, where interactive and personalized tours will be offered to conference attendees. The conference will continue on Tuesday, May 5th from 8:00 a.m. – 4:00 p.m., with a full day of presentations and panel discussions that will explore the universe of liquidity options available to financial institutions and opportunities to access the capital markets.
Effective January 1, 2015, Bryan Cave LLP elected 14 new lawyers to partnership in the firm. Bryan Cave’s strength and depth in advising community banks is further enhanced by the election of Jonathan Hightower to the partnership.
Jonathan Hightower is in our Atlanta office and focuses his practice in financial institutions law, including corporate, regulatory and securities work. Jonathan regularly advises community banks and their boards of directors on their strategic plans, including sale transactions, strategic mergers and capital raises, as well as on complex regulatory issues. Recently, Jonathan’s active transactional practice significantly contributed to Bryan Cave’s position in SNL league tables for Financial Institutions M&A for 2014. He primarily represents small to mid-sized community banks, including S Corporation community banks and bank holding companies.
Drawing from diverse legal disciplines, Bryan Cave’s Retail Banking Team focuses on consumer compliance and contractual matters for banks and non-bank financial institutions. Whatever day-to-day legal assistance you need for consumer finance or banking services, we can provide prompt and accurate guidance.
We have many years of experience in all of the federal consumer banking regulation, and every day we work to stay current with the constantly changing regulatory environment. We will help you avoid the regulatory minefields. Our Retail Banking Team can assist your institution in all of the following areas:
- Mortgage, credit card, retail consumer credit and other consumer lender licensing, disclosure, interest rate and fee, and consumer agreement reviews;
- Consumer loan advertising reviews, including federal and state requirements and UDAP and UDAAP reviews;
- Deposit account agreement reviews;
- Deposit advertisement reviews;
- Overdraft policies and disclosures;
- Remote deposit capture agreements and policies;
- Automated clearing house agreements;
- Power of attorney interpretations;
- Trust documents and trustee power reviews;
- Individual Retirement Account transactions;
- Prepaid card programs;
- Check fraud assistance;
- Online business banking and cash management; and, of course,
- any issues arising under the Truth in Savings Act, Truth in Lending Act, Electronic Fund Transfers Act, Real Estate Settlement Procedures Act, or consumer privacy and data security laws and regulations.
We are pleased to announce that Bryan Cave LLP has completed the process of naming a successor to Don Lents as Chair of the Firm. Therese (“Terry”) Pritchard will serve as Chair-Elect until the completion of Don’s term on September 30, 2014. Don will continue to serve as Chair of the Firm during that time, working closely with Terry in order to assure a smooth and effective transition.
Our community banking lawyers are pleased to have someone with an extensive regulatory background, including bank regulatory experience, as our incoming chair. Terry joined the firm in 1999, resident in the Washington DC office, having earlier served in several senior positions in government agencies, including the Securities and Exchange Commission and the Office of Thrift Supervision. For more than 30 years, she has concentrated her practice on securities and financial institutions enforcement and litigation, representing major public companies, banks, accounting firms, broker-dealers, investment advisors, mutual funds, hedge funds and individuals under investigation by the SEC, DOJ, FINRA and the federal banking agencies. Terry has held a number of leadership roles at Bryan Cave, including serving on the Executive Committee, as leader of the firm’s White Collar, Securities Enforcement and Litigation Client Service Group, and as Coordinator of our Asia practice.
Congratulations to the Bryan Cave Payments Team on launching BryanCavePayments.com.
We’ll continue to post payments-related items from time-to-time on BankBryanCave.com, but the team will also be keeping BryanCavePayments.com up-to-date with the latest payments-related regulatory, legislative and legal issues.
Examples of the type of content that will be featured on BryanCavePayments.com include:
- Should your Bank do Business with Bitcoin?
- CFPB Consent Order Cites Bank Violations Related to “Add-On Products” — Required “Vendor Management Policies”
- Managing Social Media Risk: New Guidance From Regulators
Although service to clients will always remain more important than peer reviews, we are proud to announce that partners Walt Moeling, Kathryn Knudson and Jim McAlpin were each selected for inclusion as bank regulatory attorneys in Georgia Super Lawyers 2013. In addition, partner Rob Klingler was named to the Georgia “Rising Stars” list for 2012.
Super Lawyers lists the top 5 percent of attorneys in a state or region who have attained a high level of recognition and professional achievement. Honorees are identified through peer surveys, independent research and a blue-ribbon panel review.
“Rising Stars” are chosen by their peers as being among the top up-and-coming lawyers (40 years old or younger, or in practice 10 years or less). Only 2.5 percent of the lawyers in the state were selected.
In total, 27 Bryan Cave lawyers in the Atlanta office were named Georgia Super Lawyers and an additional seven were named “Rising Stars.” A complete list of Bryan Cave’s Super Lawyers and Rising Stars is available here.
Bryan Cave LLP has been recognized as having one of the strongest brands in the legal marketplace, according to a recent study by BTI Consulting Group. The study, “The BTI Brand Elite: Client Perceptions of the Best-Branded Law Firms 2012,” ranked Bryan Cave among the top 18 law firms by reputation and brand perception.
BTI’s annual analysis measures top-of-mind recognition of nearly 400 law firms based on unbiased, unprompted, direct feedback from more than 500 individual interviews with in-house counsel at the world’s largest organizations. During the course of one-on-one, in-depth interviews with decision-makers at top-spending companies conducted between June 2010 and March 2012, BTI probed clients as to which law firms they associate with the nine distinct characteristics driving their decision to select, consider and hire a particular law firm.
According to the report, Bryan Cave was among the 18 law firms that enjoy substantially better brand perception among the firms included in the study. The critical aspects included in BTI’s definition of law firm brand are the direct result of more than 3,100 interviews with buyers of legal services during the past 11 years. Click here to view the “2012 BTI Brand Elite 18” list.
We are pleased to announce that Dan Wheeler has joined the international law firm Bryan Cave LLP as a partner in the firm’s San Francisco offices. He will practice with the firm’s Banking Client Service Group.
“Having Dan join us as another West Coast member of our team complements the breadth of our nationwide banking practice and our ability to serve our clients’ needs,” added Kathryn Knudson, leader of Bryan Cave’s Financial Institutions Industry Practice Team. “Our team represents more than 300 financial institutions and is consistently ranked among the leading deal making banking practices in the U.S., so Dan’s experience and client base will be a welcome expansion of our practice on the West Coast.”
“Dan’s scope of practice will be invaluable in serving and strengthening our relationships with financial institutions throughout the Bay Area and beyond,” said Lee Marshall, managing partner of Bryan Cave’s San Francisco offices. “We are excited to welcome him to our firm and we look forward to adding his perspective and insight to our team.”