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Why Your Board Should Stop Approving Individual Loans

September 12, 2017

Authors

Jim McAlpin, Ken Achenbach and Jonathan Hightower

Why Your Board Should Stop Approving Individual Loans

September 12, 2017

by: Jim McAlpin, Ken Achenbach and Jonathan Hightower

In this the new era of banking, our clients are continually looking for ways to enhance efficiency and effectiveness at all levels of their organizations. This line of thinking has led to the revolution of the bank branch and the adoption of many new technologies aimed at serving customers and automating or otherwise increasing process efficiency. Perhaps most importantly, however, banks have begun to focus on optimizing their governance structures and practices, particularly at the board level.

(A print version of this post if you’d like to print or share with others is available here.)

As we discuss this topic with our clients, the conversation quickly turns to the role and function of the bank’s director loan or credit committee, which we refer to herein as the “Loan Committee.” We continue to believe that

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Frenemies: Gaining Efficiency Through Shared Services

September 8, 2017

Authors

Robert Klingler

Frenemies: Gaining Efficiency Through Shared Services

September 8, 2017

by: Robert Klingler

the-bank-accountBryan Cave colleagues Ken Achenbach and Sean Christy join Jonathan and me on this episode of The Bank Account to examine the ability of banks to gain efficiency through shared services.  Throughout the business environment, business are looking to out source all non-core competencies.  Ken and Sean explore the opportunity for banks to similarly explore the opportunity for banks to join forces to purchase outsourced services and invest in technology platforms together. By working together, banks can leverage buying power and share the burden associated with evaluating their vendor options.

You can follow most of us on Twitter.  Jonathan is @HightowerBanks, I’m @RobertKlingler, and Sean is @SeanChristy.  Following Ken on Twitter is difficult, as he has, so far, refused

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Counter-Cyclical Thoughts About D&O Insurance

August 30, 2017

Authors

Ken Achenbach

Counter-Cyclical Thoughts About D&O Insurance

August 30, 2017

by: Ken Achenbach

It can be a challenge, when economic times are relatively good, to take time away from thinking about new opportunities to discuss topics like D&O insurance.  Even though I am biased, I’ll admit that, in those times, discussing the risks of potential liability and how to insure those risks can feel both a pretty unpleasant and a pretty remote thing to be discussing.  However, like all risk-related issues, it is precisely in those times when business is going well that a little bit of counter-cyclical thinking and attention can do the most good over the long haul.

As you approach your next D&O policy renewal – and particularly in the 30-60 days prior to the expiration of your current policy, there are a few things that you may want to consider.

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Regulators Tackle Board Effectiveness and Overdrafts

August 7, 2017

Authors

Robert Klingler

Regulators Tackle Board Effectiveness and Overdrafts

August 7, 2017

by: Robert Klingler

the-bank-account

On the latest episode of The Bank Account, Jonathan and Ken Achenbach discussed the Federal Reserve’s proposed supervisory expectations for boards of directors.

Before digging into the Federal Reserve’s proposed guidance, Jonathan and Ken first discussed the CFPB’s statistical analysis of frequent overdrafters.  As noted in the CFPB’s analysis, “very frequent overdrafters account for about five percent of all accounts at the study banks but paid over 63 percent of all overdraft and NSF fees.”  They also touched on the CFPB’s prototype model forms for overdrafts.   As might be expected from the CFPB, the sample forms do a good job of highlighting the economic consequences of utilizing overdrafts, but not mention the potentially significant benefits (tangible and psychological) that

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Regulatory Supervision of Third Party Service Providers

June 26, 2017

Authors

Robert Klingler

Regulatory Supervision of Third Party Service Providers

June 26, 2017

by: Robert Klingler

the-bank-accountWith Jonathan and I attending the Georgia Bankers Association’s 125th Annual Meeting, Bryan Cave colleagues Ken Achenbach and Sean Christy broke into our podcasting studio to record an episode of The Bank Account looking at vendor negotiations through a regulatory lens.

The FDIC’s Office of Inspector General’s Report on Technology Service Provider Contracts provides another source of regulatory guidance that needs to be considered while negotiating vendor contracts.  Ken and Sean look at the evolving state and federal framework of regulatory oversight of service providers, and how banks should adopt to this framework in contract negotiations.

You can follow Sean on Twitter at @SeanChristy.  Ken doesn’t need Twitter; he’s already following you.

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Convenience vs. Compliance: Behavior-Driven Marketing of Credit Products

June 9, 2017

Authors

Robert Klingler

Convenience vs. Compliance: Behavior-Driven Marketing of Credit Products

June 9, 2017

by: Robert Klingler

the-bank-account Bryan Cave colleague Ken Achenbach joined Jonathan and me on the latest episode of The Bank Account for a discussion of the potential compliance issues associated with a behavior-driven marketing focus within financial services.  To borrow the immortal words of Salt-N-Pepa, should banks “Push it?  Push it real good?”

While new app technologies are allowing banks to market in new ways, we analyze many of the ways in which behavior-driven marketing already permeates our culture, and why financial services-based behavior-driven marketing may be treated differently.  Some of the articles referenced on the podcast include:

Georgia on my Mind: Changes in Banking Laws

March 29, 2017

Authors

Robert Klingler

Georgia on my Mind: Changes in Banking Laws

March 29, 2017

by: Robert Klingler

the-bank-accountOn March 28, 2017, Jonathan and I sat down with Bryan Cave Colleagues Ken Achenbach and Crystal Homa in the latest episode of The Bank Account for a discussion focused on legislative changes in Georgia affecting banks, including modifications to Georgia’s business judgement rule and the Department of Banking & Finance’s Housekeeping Bill.

While the bills we discuss await the Governor’s signature (and subsequent effectiveness – July 1 for the business judgement rule change and 30 days after signature for the housekeeping bill), our team looks forward to the practical effect of these statutory changes.  As banking industry participants, we appreciate the efforts of the legislature to make Georgia an attractive state for banking.

As referenced in the

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OCC’s New FinTech Charter

December 19, 2016

Authors

Robert Klingler

OCC’s New FinTech Charter

December 19, 2016

by: Robert Klingler

the-bank-accountJonathan and I were joined by Ken Achenbach for Episode 6 of The Bank Account in which we discuss the OCC’s newly announced special purpose charter for FinTech companies.

Among the topics covered in this discussion are how we view the OCC’s announcement, how existing banks may want to look at the announcement, and the largest challenge that we think may emerge for FinTech companies entering the banking space.

Unfortunately, the highlight of this episode… me completely cracking up during Jonathan’s introduction… will have to wait until a later blooper reel.  It was early enough in the recording that we decided to start over.

Please click to subscribe to the feed on iTunes, Android, Email or MyCast. It is also now available

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Data Dilemma

November 28, 2016

Authors

Robert Klingler

Data Dilemma

November 28, 2016

by: Robert Klingler

the-bank-accountIf you missed it as you returned for seconds (or thirds) during Thanksgiving week, Episode 4 of The Bank Account, Data Dilemma, is now online.

In this episode, Jonathan and Ken Achenbach discuss the Consumer Financial Protection Bureau, with a focus on the CFPB’s recent announcement that it would be investigating data sharing of financial records and the CFPB’s decision to appeal the ruling that the CFPB director may be removed without cause by the President.

As mentioned by Jonathan, I’m absent from last week’s podcast I was cruising the Caribbean on the Disney Dream.  Unlike Jonathan, I’m certain that I would rather be cruising than recording a podcast… and my kids are even more certain!  I’m sure if we

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Reimagining Your Board’s Function

November 3, 2016

Authors

Robert Klingler

Reimagining Your Board’s Function

November 3, 2016

by: Robert Klingler

the-bank-accountThey said we’d never get this far, but Episode 2 of The Bank Account is now online.

In this episode, Jonathan and I are joined by colleague Ken Achenbach to discuss the recent jury verdict in the FDIC vs. Loudermilk case and what impact it should have on community bank boards and committees.  We also discuss how board performance can be improved by focusing on strategic rather than individual management decisions.

Please click on the link to subscribe to the feed on iTunes, Android, Email or MyCast. It is also now available in the iTunes and Google Play searchable podcast directories.

You can also follow-us on Twitter for updates between podcast episodes @RobertKlingler and @hightowerbanks.

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