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HVCRE Gets a Reboot

As we mentioned just a couple of weeks ago, the federal banking regulators have taken aim at the risk weighting rules for High Volatility Commercial Real Estate (“HVCRE”) loans that went into effect back in 2015. In a...more

Finding the Unicorn in Lender Liability Litigation

Investors frequently talk in terms of trying to find the next unicorn, that small start-up company that is going to turn into a billion dollar valuation. Lawyers are like that as well, always looking for that new decision...more

HVCRE: The Continuing Saga of Lenders [Audio]

Bryan Cave attorney Jerry Blanchard joins hosts Jonathan Hightower and Rob Klingler in the studio today to discuss High Volatility Commercial Real Estate (HVCRE) loans....more

The Same Old Wrongdoer Blues: Creative Fraud Leaves Employer Holding the Bag for Fraud on its Account

Articles 3 and 4 of the UCC provide a roadmap for addressing how to allocate liability for the various mistakes, embezzlements and forgeries that have followed the payments system since its invention several centuries ago....more

No Fiduciary Duty Between Lead and Participants

A recent decision out of federal court arising out of litigation involving a Ponzi scheme has reinforced the principle that the lead in a loan participation does not owe a fiduciary duty to participants. The case of Finn v....more

The HVCRE Easter Egg for Community Banks

We have written several times about the rules concerning the appropriate risk weighting for High Volatility Commercial Real Estate (“HVCRE”) loans. The interagency FAQ published on April 6, 2015 provided some guidance but...more

If the Shoe Fits, Wear It – Bank Third Party Vendors as Institution-Affiliated Parties

When negotiating bank third party vendor contracts it is not unusual to ask the vendor to acknowledge in the contract that bank regulators might exercise some sort of supervision over the vendor. Vendors will oftentimes push...more

5/26/2017  /  Banking Sector , FDIC , FIRREA , Jurisdiction , Vendors

Before You Comment on My Haircut, Think Again

Back in 2008 and 2009 Eddie Liles lent around $102,000 to his brother Dallas to purchase rental properties at 554 South Shore Drive and 540 South Shore Drive in Greenup County, Kentucky, as well as a 2008 Ford 4×4 truck. The...more

Do you get Bragging Rights if the Malware Infecting your Computer was Named after Zeus?

Over the last decade as the specter of cyber attacks has increased dramatically, financial institutions have been encouraged to look into the use of cyber fraud insurance as one means of minimizing risk. A recent decision by...more

FDIC Cybersecurity Examinations: A How-To Guide

FDIC bank examinations generally include a focus on the IT systems of banks with a particular focus on information security. The federal banking agencies issued Interagency Guidelines Establishing Information Security...more

How to Prepare for an FDIC Cybersecurity Examination

FDIC bank examinations generally include a focus on the IT systems of banks with a particular focus on information security. The federal banking agencies issued Interagency Guidelines Establishing Information Security...more

Reviewing Third Party Vendor Service Contracts

Managing third party vendor relationships has always been an important function in banks. More recently it has become a hot topic for state and federal financial bank regulators. The increasing complexity of what vendors are...more

Pointers for Bank Recipients of Demand Letters Asserting ADA Non-Compliance

Community banks have recently been on the receiving end of demand letters from plaintiffs law firms alleging that the banks’ websites are in violation of the Americans With Disabilities Act of 1990 (the “ADA”). ...more

Part 7 of Reviewing Third Party Vendor Service Contracts, a Seven Part Guide

This is part 7 of a Seven Part Guide to reviewing vendor contracts. Indemnification. Indemnification provisions in a third party services contract can be hotly contested. There is no question that banks should include...more

Part 6 of Reviewing Third Party Vendor Service Contracts, a Seven Part Guide

This is part 6 of a Seven Part Guide to reviewing vendor contracts. Ownership of Trademarks, Copyrights, Patents and Other Trade secrets, Source Code escrow Agreements. Typically, each party should own its...more

Part 5 of Reviewing Third Party Vendor Service Contracts, a Seven Part Guide

This is part 5 of a Seven Part Guide to reviewing vendor contracts. Vendor Notice Requirements - Business - Strategic Changes. There are several categories of events the bank will want to be notified about. The...more

Part 4 of Reviewing Third Party Vendor Service Contracts, a Seven Part Guide

This is part 4 of a Seven Part Guide to reviewing vendor contracts. The previously published parts are also available. Services level. Services levels should be defined. For example, are the service to be made available...more

Part 3 of Reviewing Third Party Vendor Service Contracts, a Seven Part Guide

This is part 3 of a Seven Part Guide to reviewing vendor contracts. The previously published parts are also available. Location of where the work to is to be performed. Domestic locations. Where is the vendor...more

9/13/2016  /  Contract Terms , Vendors

Part 2 of Reviewing Third Party Vendor Service Contracts, a Seven Part Guide

This is part 2 of a Seven Part Guide to reviewing vendor contracts. Recitals. Some contracts will contain several “WHEREAS” clauses at the inception of the document followed by a recitation of various facts about...more

Reviewing Third Party Vendor Service Contracts, a Seven Part Guide

Managing third party vendor relationships has always been an important function in banks. More recently it has become a hot topic for state and federal financial bank regulators. The increasing complexity of what vendors are...more

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

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...more

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

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...more

Can a Guarantor Waive his Right to a Foreclosure Confirmation Proceeding in Georgia?

Yes. On Monday, February 22, 2015, in a case closely watched by commercial real estate lenders, borrowers and guarantors, the Supreme Court of Georgia issued its opinion in PNC Bank, N.A. v. Smith, et al., S15Q1445. ...more

Interagency CRE Guidance Update

In the ancient world kings and emperors regularly sought advice from the Oracle at Delphi when making important decisions. The Oracle would respond to questions, sometimes in poetry, other times in prose, in a manner that...more

Loan Sale and Loan Participation Lessons Learned From the Recession, Part 2

One of the problem areas that came up during the recession was the accounting treatment for loan participations and loan sales. The difficulty arose from the fact that FASB changed the guidance for how to recognize a “true...more

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