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Building Value in a Changing Environment

April 1, 2012

Authors

Bryan Cave

Building Value in a Changing Environment

April 1, 2012

by: Bryan Cave

A Letter to our Clients and Friends in the Financial Institutions Industry (Spring 2012)

Walt Moeling and Jim McAlpin spoke at the 2012 Acquire or Be Acquired Conference sponsored by Bank Director Magazine. Their topic was “The Path to Recovery – Building Value in a Changing Environment.” In preparation for their presentation at the AOBA conference, Walt and Jim surveyed a group of leading industry observers to obtain their insights. (A printer-friendly version of the Letter to Clients is also available.)

We thought you would be interested in what we heard this year in response to these questions, and the following is an excerpt from Walt’s and Jim’s presentation at the AOBA Conference:

Background

6,800 commercial banks (91% of all U.S. banks) have assets of less than $1 billion. Only 560 banks have assets between $1 billion and $10 billion, and only 106 institutions

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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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Georgia Super Lawyers and Rising Stars 2012

March 8, 2012

Authors

Bryan Cave

Georgia Super Lawyers and Rising Stars 2012

March 8, 2012

by: Bryan Cave

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 2012. Walt was further honored as one of the Top 100 attorneys in Georgia, while Kathryn was selected as one of the Top 50 female attorneys in Georgia.  In all, attorneys in Bryan Cave’s financial institutions practice constituted half of the bank regulatory attorneys identified as Super Lawyers in Georgia. 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

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McAlpin and Moeling Present at Acquire or Be Acquired

January 30, 2012

Authors

Bryan Cave

McAlpin and Moeling Present at Acquire or Be Acquired

January 30, 2012

by: Bryan Cave

On January 29, 2011, Bryan Cave partners Jim McAlpin and Walt Moeling presented at the 2012 Bank Director Acquire or Be Acquired conference in Phoenix, Arizona.  Their presentation was titled, “The Path to Recovery – Building Value in a Changing Environment.”

The presentation includes an overview of the results of the 2012 Bryan Cave Survey of investment bankers and bank consultants to assist in providing strategic advice to clients.  A sampling of results include:

  • “In my opinion, the calendar just needs to turn another 3 to 6 more months and more signs of credit stabilization just need to naturally occur. We think folks will be pleasantly surprised to see the natural “mating process” happen on its own in 2012. [This will] start really slow but moderately gain momentum as 2013 unfolds, and by 2014 it will be a great deal different.” – Chris Marinac, FIG Partners
  • “Failed bank
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Media Mentions – December 19, 2011

December 19, 2011

Authors

Bryan Cave

Media Mentions – December 19, 2011

December 19, 2011

by: Bryan Cave

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

Hightower on BankDirector.com

Atlanta Associate Jonathan Hightower authored an article Nov. 18 for BankDirector.com concerning the pitfalls for banks negotiating lease renewals with insiders. “During the mid-2000s, it was commonplace for a bank, particularly a de novo bank, to lease some or all of their bank facilities from an entity controlled by the bank’s directors,” he wrote. “Most bank directors understand their duty to act in the best interests of the bank, but they are also facing personal financial exposure if the lease is not renewed on terms that allow the [director-owned] entity to continue to service its debt obligations. In addition, given public scrutiny of directors and officers who are perceived to have profited at the expense of the bank they serve, creating a proper

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Media Mentions – December 2, 2011

December 2, 2011

Authors

Bryan Cave

Media Mentions – December 2, 2011

December 2, 2011

by: Bryan Cave

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

McAlpin on BankDirector.com

Atlanta Partner Jim McAlpin authored the first in a series of articles concerning best practices of bank boards Oct. 25 for BankDirector.com. McAlpin said “there has never been a greater need for well-functioning, informed and courageous boards of directors of banks and bank holding companies. There has also never been a more important time for board members to keep in mind that their responsibilities can be boiled down into one simple goal: the creation of sustainable long-term value for shareholders.” This also was the lead article in the BankDirector November e-mail newsletter.  Click here to read the full text.  The second installment in the series will be published by BankDirector in early December.

Moeling in American Banker, Atlanta Journal-Constitution

Atlanta Partner Walt Moeling

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Can You Improve Your D&O Insurance Coverage?

March 28, 2011

Authors

Bryan Cave

Can You Improve Your D&O Insurance Coverage?

March 28, 2011

by: Bryan Cave

There is a common presumption among community banks, and their directors, that D&O insurance coverage is a commodity.  That presumption is inaccurate; there can be significant differences in the scope and quality of D&O coverage between policies and among carriers.  D&O insurance policies can, and should, be negotiated to improve the coverage for directors and officers.

On March 24, 2011, the ABA’s Banking Journal published an article by Bryan Cave attorney Jim McAlpin, “How good is your bank’s D&O policy?

In the article, Jim highlights ten possible enhancements that you may be able to obtain in your D&O coverage, including:

  • limiting the definition of “Application” in the policy to public filings for the past 12 months;
  • expanding the definition of “Claim” in the policy;
  • obtaining non-rescindable Side A coverage;
  • limiting insured vs. insured carve-backs for derivative suits and bankruptcy;
  • carving back defense costs from regulatory exclusions; and
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The Path to Full Profitability by 2013

February 16, 2011

Authors

Walt Moeling and Jim McAlpin

The Path to Full Profitability by 2013

February 16, 2011

by: Walt Moeling and Jim McAlpin

A Letter to our Clients and Friends in the Financial Institutions Industry

Walt Moeling and Jim McAlpin spoke at the recent Acquire or Be Acquired Conference sponsored by Bank Director Magazine. Their topic was “The Path to Full Profitability by 2013.” In advance of their talk at the conference, Walt and Jim sought input from a group of industry observers on what they foresee as likely developments over the next few years. (A printer-friendly version of the Letter to Clients is also available.)

We thought you would be interested in what we heard in response to these questions, and the following is an excerpt from Walt and Jim’s presentation at the AOBA Conference:

Background

  • There are more than 6500 commercial banks in the U.S. Only 500 of these banks have assets of more than $1 billion, and only 110 have assets of more than $10 billion. In other
    Read More

Seminar on FDIC-Assisted Bank Deals

July 1, 2010

Authors

Robert Klingler

Seminar on FDIC-Assisted Bank Deals

July 1, 2010

by: Robert Klingler

Bryan Cave is co-sponsoring a one-day seminar for banks considering FDIC-assisted transactions as a growth strategy.  The seminar is designed to provide an opportunity to get inside the process and find out everything you need to know to determine if an FDIC-assisted bank deal is an appropriate growth strategy for your bank!

Discounts are available for Bryan Cave clients.  If you’re interested in attending, please contact your regular Bryan Cave contact person.

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Media Mentions – May 7, 2010

May 7, 2010

Authors

Jeannie Osborne

Media Mentions – May 7, 2010

May 7, 2010

by: Jeannie Osborne

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:

McAlpin in Atlanta Business Chronicle

Atlanta Partner Jim McAlpin was highlighted, with photo, April 30 in the Atlanta Business Chronicle’s “Power 50” – the publication’s annual list of the region’s key business leaders. The list includes top managers, directors, CEOs and corporate heads from companies across Atlanta. McAlpin was recognized for his comprehensive experience in corporate and business law.

 Moeling in American Banker, Journal-Constitution, US Banker

Atlanta Partner Walt Moeling was quoted April 29 in American Banker on the U.S. Treasury Department’s decision to allow two banks to convert preferred shares into common equity at a steep discount rather than allow those banks

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