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How Many Times Do We Have to Tell You Not to Open the Cat Video

April 11, 2016

Authors

Jerry Blanchard

How Many Times Do We Have to Tell You Not to Open the Cat Video

April 11, 2016

by: Jerry Blanchard

Everyone has been in a movie theater when one of the actors approaches that door to the basement behind which strange noises are coming. They reach out to turn the knob and in unison the audience is thinking “Fool, haven’t you ever been to the movies? Don’t you know that the zombies or ghouls or some other equally disgusting creature are waiting for you behind that door. Don’t do it!” They of course open the door, blissfully unaware of the grisly fate waiting for them.

I get the same sort of feeling when I read about cybersecurity lapses at banks. Think about the following:

  • “Someone dropped a thumb drive, I think I’ll just plug it into my computer at work and see what is on it. Surely nothing bad will happen. If nothing else, I’ll give it to one of my kids, they can use it on the home
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Divided Supreme Court Results in Non-Uniform Application of Reg B

March 25, 2016

Authors

Jerry Blanchard

Divided Supreme Court Results in Non-Uniform Application of Reg B

March 25, 2016

by: Jerry Blanchard

In what goes for kicking the can down the road at the Supreme Court, the Court has evenly split on an appeal arising from the Eight Circuit Court of Appeals decision in Hawkins v. Community Bank of Raymore, 761 F3d 937 (CA8 2014) where that court found that the Federal Reserve had overstepped its bounds in adopting rules under the Equal Credit Opportunity Act to protect spousal guarantors. The case arose out of a series of loans in 2005 and 2008 made by the Bank—totaling more than $2,000,000—to PHC Development, LLC to fund the development of a residential subdivision. In connection with each loan and each modification, the principals of the LLC and their spouses (who had no interest in the LLC) executed personal guaranties in favor of Community to secure the loans.

The spouses defended themselves in an action brought by the bank on the basis that Community had

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US Supreme Court to Review ECOA Spousal Guaranty Rules

June 29, 2015

Authors

Jerry Blanchard

US Supreme Court to Review ECOA Spousal Guaranty Rules

June 29, 2015

by: Jerry Blanchard

The US Supreme Court has agreed to review a decision by the Eight Circuit Court of Appeals in Hawkins v. Community Bank of Raymore, 761 F3d 937 (CA8 2014) where the court found that the Federal Reserve  had overstepped its bounds in adopting rules under the Equal Credit Opportunity Act to protect spousal guarantors. The case arose out of a series of loans in 2005 and 2008 made by the Bank—totaling more than $2,000,000—to PHC Development, LLC to fund the development of a residential subdivision. In connection with each loan and each modification, the principals of the LLC and their spouses (who had no interest in the LLC) executed personal guaranties in favor of Community to secure the loans.

In April 2012, Community declared the loans to be in default, accelerated the loans, and demanded payment both from PHC and from the guarantors. The guarantors defended on the basis that

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FDIC Examinations and Cyberattack Risk

May 7, 2015

Authors

Jerry Blanchard and David Zetoony

FDIC Examinations and Cyberattack Risk

May 7, 2015

by: Jerry Blanchard and David Zetoony

FDIC bank examinations generally include a focus on the information technology (“IT”) systems of banks with a particular focus on information security. The federal banking agencies issued implementing Interagency Guidelines Establishing Information Security Standards (Interagency Guidelines) in 2001. In 2005, the FDIC developed the Information Technology—Risk Management Program (IT-RMP), based largely on the Interagency Guidelines, as a risk-based approach for conducting IT examinations at FDIC-supervised banks. The FDIC also uses work programs developed by the Federal Financial Institutions Examination Council (FFIEC) to conduct IT examinations of third party service providers (“TSPs”).

The FDIC Office of the Inspector General recently issued a report evaluating the FDIC’s capabilities regarding its approach to evaluating bank risk to cyberattacks. The FDIC’s supervisory approach to cyberattack risks involves conducting IT examinations at FDIC-supervised banks and their TSPs; staffing IT examinations with sufficient, technically qualified staff; sharing information about incidents and cyber risks with regulators and

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Media Mentions – August 1, 2014

August 4, 2014

Authors

Bryan Cave

Media Mentions – August 1, 2014

August 4, 2014

by: Bryan Cave

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

Jerry Blanchard in the Atlanta Journal-Constitution

Atlanta Partner Jerry Blanchard was quoted July 18 by The Atlanta Journal-Constitution on reasons behind the shrinking number of banks in Georgia. The state, which led the nation in bank failures stemming from the real estate bust, has seen an increase in the number of banks being bought up at a rate of about one a month as healthy banks grow through the acquisition of other healthy banks. Blanchard said the question on many bankers’ minds is, “Can you survive the recovery? It’s hard to make money.” Click here to read the full article.

Rob Klingler in American Banker

Atlanta Partner Robert Klingler was quoted July 1 by American Banker concerning the trend among trust-preferred creditors of telling deadbeat banks that they must

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Media Mentions – July 2013

July 31, 2013

Authors

Bryan Cave

Media Mentions – July 2013

July 31, 2013

by: Bryan Cave

With attorneys and staff worldwide, Bryan Cave attorneys are often quoted in the news.  Recent Media Mentions of Financial Institutions Group attorneys include:

Jerry Blanchard in Daily Report

Atlanta Partner Jerry Blanchard was featured July 5 in the Fulton County Daily Report for his hobby of ice climbing. Blanchard generally takes one ice climbing trip a year and has climbed Montmorency Falls near Quebec, ice walls in Banff National Park in Canada, and the Grand Teton and Mt. Moran in Wyoming, among other places. “The interesting thing for me about ice climbing is how it clears your mind,” he told the publication. “When you are on the ice, all other thoughts are pushed from your mind. You focus on where the next ice axe placement is going to be or whether the ice crampons have pushed far enough into the ice.”

Judith Rinearson in New York Times

New York Partner

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2013 Georgia Banking and Finance Law Seminar

January 24, 2013

Authors

Bryan Cave

2013 Georgia Banking and Finance Law Seminar

January 24, 2013

by: Bryan Cave

Make your plans now to attend the 2013 Banking and Finance Law seminar.  The seminar, sponsored by the Business Law Section of the State Bar of Georgia, will be Feb. 8, at the Bar Center in Atlanta. The seminar chair, Gerald L. Blanchard, Bryan Cave LLP, has put together a terrific set of topics and speakers for this program.

Topics include:

  • Reading the Regulatory Tea Leaves:  Basel III and Dodd-Frank Update
  • Advising Bank Board Directors on Regulatory Relations and Legal Risk Minimization
  • Recent Banking Law Cases
  • Consumer Financial Protection Bureau – There’s A New Sheriff in Town!
  • Regulator Panel Discussion on Bank Examinations Trends
  • Challenges to Bank Consolidation
  • Recent Trends IN D&O Litigation

The program qualifies for 6 CLE Hours including 1 Ethics Hour and 1 Trial Practice Hour. For additional information and to register for this program, visit the ICLE website.

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Media Mentions – April 24, 2012

April 24, 2012

Authors

Bryan Cave

Media Mentions – April 24, 2012

April 24, 2012

by: Bryan Cave

With attorneys and staff worldwide, Bryan Cave attorneys are often quoted in the news.  Recent Media Mentions of Financial Institutions Group attorneys include:

Blanchard in ABA Banking Journal, Atlanta Journal-Constitution

Atlanta partner Jerry Blanchard authored an article April 13, in the ABA Banking Journal regarding recent cases that could spur review of “tried and true” loan contracts.  Blanchard gave an overview of the recent $75 million judgment against Delta Community Credit Union in Georgia.  Click here to read the full article.  He was quoted April 8 in The Atlanta Journal-Constitution regarding the FDIC’s decision to seek penalties against certain officials of failed Georgia banks in instances where alleged malfeasance, not failed strategies, led to the bank’s failure.  Speaking in general about failed bank litigation, Blanchard said he expects most cases to be settled  before ever reaching trial.  “Most failed Georgia banks collapsed because of betting too heavily on a housing

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Blanchard to Participate in Risk Management Panel at SNL Community Bankers Conference

April 23, 2012

Authors

Bryan Cave

Blanchard to Participate in Risk Management Panel at SNL Community Bankers Conference

April 23, 2012

by: Bryan Cave

Bryan Cave attorney Jerry Blanchard will be among the panelists examining enterprise risk management at the 2012 SNL Community Bankers Conference. Other participants in the panel include Thomas Dujenski, the FDIC Atlanta Regional Director, David Ruffin of Credit Risk Management, LLC, and Bob Doby, Jr. of Yadkin Valley Bank. The panel will be moderated by SNL’s Shawn Ryan.

The SNL Community Bankers Conference focuses on how banks can adjust to the changing environment, mitigate risks, take advantage of genuine opportunities, and ultimately prosper.  It will be held May 3-4 at the Saddlebrook Resort in Tampa, Florida.  For more information, go to http://www.snlcenter.com/cbc/2012/default.asp.

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Media Mentions – March 23, 2012

March 23, 2012

Authors

Bryan Cave

Media Mentions – March 23, 2012

March 23, 2012

by: Bryan Cave

With attorneys and staff worldwide, Bryan Cave attorneys are often quoted in the news.  Recent Media Mentions of Financial Institutions Group attorneys include:

Klingler in American Banker

Atlanta Partner Robert Klingler was quoted March 15 in American Banker regarding an agreement reached between the U.S. Treasury Department and Pacific Capital.  UnionBanCal has agreed to buy Pacific Capital for $1.5 billion in cash, with the Treasury getting about $165 million in exchange for its 11 percent stake.  That would be about 90 cents on the dollar of the bailout money the Treasury invested in Pacific Capital through the Troubled Asset Relief Program.  Klingler said the deal is probably a good one for the Treasury.  “The ability to recoup an investment that is stressed at its face value is extremely difficult,” Klingler said.  “If the bank goes into receivership, the Treasury is looking at pennies — and that might be generous.  So the Treasury has

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