With offices all over the world, Bryan Cave attorneys are often quoted in the news.  Recent Media Mentions of Financial Institutions Group attorneys include:

Blanchard in GBA Bulletin

Atlanta Partners Jerry Blanchard, Nicole Wade and Associate Wendy Godfrey were highlighted in the December 16, 2011 Georgia Bankers Association (GBA) e-bulletin for their participation in a recent panel discussion at the 2011 GBA Credit Conference, held in Atlanta, Ga.  The forum focused on current developments in foreclosure and problem loan collections in Georgia.  Participants at the conference included senior lenders from around the state.  Click here to read more about the discussion in the GBA e-bulletin.

Rinearson in Forbes, Wall Street Journal Online

New York Partner Judith Rinearson was quoted January 5 by Forbes online and January 6 by The Wall Street Journal online regarding the controversial appointment of Richard Cordray to head the new U.S. Consumer Financial Protection Bureau (CFPB).  Cordray, a former Ohio attorney general, was President Barack Obama’s pick to head the CFPB, a watchdog group created by last year’s financial law.  But for months, Senate Republicans had refused to confirm him — or anyone — to the post.  Obama used his executive constitutional power to appoint Cordray while Congress was in recess.  The Senate GOP says the chamber was not fully in recess, and that Obama had no right to push through a “recess” appointment.  One interesting aspect of the appointment is how it will impact non-banks.  “It’s generally acknowledged that the CFPB has power to oversee banks but what’s interesting is what this oversight means for nonbanks,” Rinearson told Forbes.  Click here to read the full piece.

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Section 165(d) of the Dodd-Frank Wall Street Reform and Consumer Protection Act requires each nonbank financial company supervised by the Federal Reserve and each bank holding company having assets of $50 billion or more (a “Covered Company”) to develop what has commonly become referred to as a “living will,” essentially a plan of orderly liquidation (the “Resolution Plan”). The Federal Reserve and the FDIC published a proposed rule on March 29, 2011, to implement this provision. The proposed rule requires a Covered Company to provide its initial plan within 180 days from the effective date of the final rule or the date the entity becomes a Covered Company. Each Covered Company will then be required to submit an updated plan within 90 days of the end of each calendar year. Interim updates are required if an event occurs that might have a material impact on the Resolution Plan. The Resolution Plan must be submitted the Federal Reserve and the FDIC for their approval. The Plan must take into account what type of distress in the world financial markets might result in failure of the Covered Company and, most importantly, it must assume that the government will not provide any extraordinary support. The Resolution Plan must provide for the “rapid and orderly liquidation” of the Company and should include provisions that protect any FDIC insured institutions from risks created by nonbank subsidiaries of the Covered Company. It should also assess the feasibility of the Covered Company’s plan, including timelines, for executing any sales, divestitures, restructurings or other similar actions.

Editorial Comment: When the credit markets freeze and it is impossible to value financial assets, how exactly will a huge financial company liquidate itself in a “rapid and orderly” manner? A dearth of buyers in such a situation will make the liquidation impossible to accomplish in a short period of time and if it is accomplished it will likely be a very messy affair. An orderly liquidation really presumes that the credit markets are working normally and that the financial distress a large bank is suffering is restricted to it alone. In such a situation there would be willing buyers for the assets and the liquidation would not trigger a broader crisis. One suspects that any Resolution Plan will be much more aspirational in nature than a true blueprint for what to do in a financial panic.

Jerry Blanchard recently spoke to the national sales meeting of the Federal Home Loan Banks on the topic of How the Regulators View the FHLB’s.

The FHLB system has been a major source of liquidity to its over 8,000 members during the financial crisis and faces many challenges as the system deals with:

• shrinking demand for loan advances;
• losses incurred in mortgage backed securities that have led to a number of the FHLB’s having to enter into Consent Orders with  their primary regulator; and
• greater Congressional scrutiny of all government sponsored entities.

Banking regulators deal with the consequences of FHLB policies and actions when financial institutions are taken into receivership. In some instances, the availability of FHLB advances may have led to some banks to incurring more risk than they would  have otherwise  incurred.

Jerry’s presentation addressed how the banking regulators view the role of the FHLB ‘s and how those views might affect bank examinations in the future.  If you would like more information, a copy of Jerry’s FHLB presentation is available online, or reach out to Jerry Blanchard to discuss further.

On February 18, 2011, Rob Klingler gave the 2011 Regulatory and Legislative Update for the annual Banking and Finance Law presented by the Institute of Continuing Legal Education in Georgia.  A copy of the slides used in the presentation is available online.

Jerry Blanchard served as the program chair and gave an update on recent case law developments.  BT Atkinson also moderated a panel on Bank Acquisitions and Mergers in Non-Loss Share Transactions.  The seminar will also be available on the ICLE’s website as an archived online course, and is eligible for 6 Georgia CLE hours, including 1 trial practice hour.

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.

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:

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.

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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On Friday, February 19, 2010, Jerry Blanchard will be presiding at the annual Banking and Finance Law CLE co-sponsored by the Institute for Continuing Legal Education in Georgia and the Business Law Section of the State Bar of Georgia.  Early registration is $160, while on-site registration will be $180. The program is targeted towards attorneys licensed in Georgia, but other attorneys and bankers are welcome as well.

Jerry will also be speaking about recent lender liability decisions and Rob Klingler will be presenting a regulatory and legislative update.  Presentations are also scheduled on the state of banking in Georgia, failing bank liquidations, an analysis of the deal conducted by State Bank & Trust Company, and preparing for director and officer litigation.  A panel of regulators from the state and FDIC will also address current issues.

With attorneys and staff worldwide, attorneys in Bryan Cave’s financial institutions practice 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 include:

Blanchard in Atlanta Business Chronicle, Florida Business Journals

Atlanta Partner Gerald Blanchard was quoted Jan. 13 in the Atlanta Business Chronicle regarding Troubled Asset Relief Program (TARP) funds and how most TARP recipients have, in fact, repaid their debts with interest. He also was quoted Jan. 6 in the Palm Beach Daily Business Review (republished in the Miami Daily Business Review) on how new banking regulations out of DC could affect small community banks’ ability to lend money.

Klingler in U.S. Banker

Atlanta Associate Robert Klingler was quoted in the February edition of U.S. Banker on how to jump start the economy. The article focused on small business loans and particularly President Obama’s call to use TARP funds to make more capital available to community banks that agree to increase their small-business lending.

Moeling in Atlanta Journal-Constitution, ABA Banking Journal

Atlanta Partner Walt Moeling was quoted Jan. 21 in The Atlanta Journal-Constitution regarding how most bank depositors have emerged relatively unscathed from failed banks due in large part to the fact that the FDIC insures deposits up to $250,000 per account. He also was quoted in the December edition of the ABA Banking Journal concerning the commercial real estate (CRE) appraisal process. Many community bankers are waiting to see whether regulators might make the process of CRE exams and appraisals easier in the future.

Wheeler in Birmingham Business Chronicle

Atlanta Partner Jim Wheeler was quoted Jan. 15 in the Birmingham Business Chronicle on how many banks have successfully shed their books of unprofitable loans to interested buyers. Most also have sold their more valuable bad assets, he said.