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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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Introducing The Bank Account

October 31, 2016

Authors

Robert Klingler

Introducing The Bank Account

October 31, 2016

by: Robert Klingler

the-bank-accountPrefer getting your banking law news via podcasts?  Need something to make your commute more informative?  Looking for a way to spend more time (at no cost!) with Jonathan Hightower or me?  Wondering what horror will be introduced to the world on Halloween 2016?

The inaugural episode of The Bank Account is online!

Please click on the link to subscribe to the feed on iTunes, Android, Email or MyCast. It is also in the review process for being added to the iTunes and Google Play searchable podcast directories. We’re also working on a home for it on BryanCave.com. Stay tuned (pun intended) for updates.

In episode 1, Jonathan and I summarize the bank M&A market for 2016, along with prognostications

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Hightower Explores Intersection of Fintech and Bank Mergers

May 10, 2016

Authors

Bryan Cave

Hightower Explores Intersection of Fintech and Bank Mergers

May 10, 2016

by: Bryan Cave

Atlanta Partner Jonathan Hightower authored a BankThink piece in the American Banker on May 9, 2016 titled “Don’t Ignore This FDIC ‘Request for Comment.’”  The discusses FDIC Financial Institution Letter FIL-32-2016,  which asks for comment on the agency’s plan to explore the economic inclusion potential of mobile financial services.

Jonathan notes “banks’ focus on mobile products not only provides innovative benefits to underserved consumers who may lack branch access, but in light of regulators’ interest in the potential for mobile technology to expand economic inclusion, this focus may also help institutions overcome regulatory and community-based challenges to mergers.”

Click here to read the whole article.

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The New Deposit Insurance Proposal

June 18, 2015

Authors

Jonathan Hightower

The New Deposit Insurance Proposal

June 18, 2015

by: Jonathan Hightower

A Quick Overview and a Note on Construction Lending

On June 16, 2015, the FDIC issued a notice of proposed rulemaking to revise its calculations for deposit insurance assessments for banks with under $10 billion in assets (excluding de novo banks and foreign branches).  The rules would go into effect the quarter after they are finalized but by their terms would not be applicable until after the designated reserve ratio of the Deposit Insurance Fund reaches 1.15%.

At almost 150 pages, there are many facets to the proposed rule that must be carefully analyzed.  At the outset, we give credit to the FDIC for attempting to fine tune deposit insurance assessments beyond the blunt instrument that they have always been.  We have long held the position that the FDIC should adopt more careful underwriting procedures, similar to private insurers, in order to better

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Bryan Cave Elects Hightower to Partnership

January 5, 2015

Authors

Robert Klingler

Bryan Cave Elects Hightower to Partnership

January 5, 2015

by: Robert Klingler

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.

UFDJonathan 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.

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Media Mentions – March 15, 2013

March 15, 2013

Authors

Bryan Cave

Media Mentions – March 15, 2013

March 15, 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:

Jonathan Hightower in Bank Safety & Soundness Advisor

Atlanta Associate Jonathan Hightower was quoted Feb. 18 in the Bank Safety & Soundness Advisor regarding the new push for bank regulators to focus on a more straight-forward leverage ratio to reduce financial system risk. Hightower said using the leverage ratio as a regulatory benchmark “is transparent and easy to figure out. You can compare apples to apples. If we are going to require 7 percent or 9 percent we can look at financial statements and understand that pretty quickly without peeling back the layers to go through your balance sheet or going through your business model.” On the other hand, he said, it seems hard to make a well-reasoned judgment about how much capital a particular bank should

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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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The Georgia Bankers Association Delivers a Detailed Critique of the Basel III Proposals

October 15, 2012

Authors

Bryan Cave

The Georgia Bankers Association Delivers a Detailed Critique of the Basel III Proposals

October 15, 2012

by: Bryan Cave

On October 12, 2012, the Georgia Bankers Association (the “GBA”) delivered a public comment letter on the proposed Basel III capital rules and the related proposed risk-weighting rules. A copy of the letter is available for viewing here.  In the comment letter, the GBA identifies over a dozen categories of key flaws in the proposed rules and concludes that the proposals should be withdrawn for further study or, at the very least, should be modified to exempt community and regional banks from their requirements.

The GBA takes the position in the comment letter that the regulatory agencies have a duty to apply the principles that they espouse for stress testing and enterprise risk management to their own rulemaking process. The GBA argues that the proposals are likely to introduce complementary risks to financial institutions, especially community banks, the impacts of which are not yet fully

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Bryan Cave Lawyers Briefing State Banking Associations on Basel III Proposals

August 30, 2012

Authors

Bryan Cave

Bryan Cave Lawyers Briefing State Banking Associations on Basel III Proposals

August 30, 2012

by: Bryan Cave

In recent weeks, three Bryan Cave lawyers have briefed state banking association members on the impact the Notices of Proposed Rule Making regarding Basel III could have on banks of all sizes. On July 12, Jonathan Hightower presented via webinar to the Georgia Bankers Association. On August 16, Jonathan Hightower and B.T. Atkinson participated in a live seminar on Basel III presented by the South Carolina Bankers Association that also included presentations by Garry Rank of Elliott Davis, LLP and Jim Mabry of Keefe, Bruyette & Woods. The SCBA program also included a segment advising institutions on how to prepare a comment letter on the proposals for submission to their primary federal banking agency. On August 20, Michael Shumaker and B.T. Atkinson presented via webinar to the North Carolina Bankers Association. In all three programs, bankers were strongly encouraged to submit comments on the proposals by the October 22 deadline, citing specific examples

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Media Mentions – July 24, 2012

July 24, 2012

Authors

Bryan Cave

Media Mentions – July 24, 2012

July 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:

Achenbach in American Banker

Ken Achenbach was quoted in a July 2 article in American Banker regarding the decline in FDIC Loss-Sharing Deals for failed-bank buyers as the economy improves. Achenbach said “If the FDIC loss share backstop is there, it certainly mitigates the risks involved in taking the portfolio . . . Given the limited amount of diligence you’re able to do in these deals, and particularly earlier in the economic cycle where there was much more price uncertainty in the real estate markets, people actively wanted that safety net. Over time, however, bidders may be becoming more comfortable with asset pricing and may be assigning less value to the protections of loss-sharing. In addition, the FDIC is now encouraging banks that are comfortable doing so to make

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