News & Analysis as of

Insolvency Banking Sector

Kilpatrick

First Republic Executives Fail in Attempt to Recover Nonqualified Deferred Compensation Plan Assets

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A federal court has rejected an attempt by former First Republic Bank employees to recover assets held in a rabbi trust that funded deferred compensation benefits. In Harrington v. Federal Deposit Insurance Corporation, the...more

Alston & Bird

European Enforcement Guide

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In the current economic climate, it is important that lenders understand how they can enforce security and debt claims, to help in assessing options in the event of default by their customers, and when structuring new...more

Conyers

Beyond the Betrayal: Navigating Strategies for Victims of APP Fraud

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Authorised Push Payment (“APP”) fraud, where victims are tricked into authorising payments to fraudsters, resulted in losses of £485.2m in 2022 and is reported to have risen by 22% in 2023. With consumer protection laws...more

Hogan Lovells

Sovereign Debt Restructuring in Africa

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Sovereign debt restructurings are complex processes that involve negotiations with a sovereign’s creditors to alter the terms of existing debt, aiming to restore fiscal sustainability and ensure long-term economic stability....more

Katten Muchin Rosenman LLP

Deleveraging Through the LMA Intercreditor Distressed Disposal: How to Navigate a Challenge-Free Process

A distressed disposal (Distressed Disposal) under an LMA-based intercreditor agreement (ICA) is a powerful restructuring tool. It has the potential to significantly de-lever a business for the benefit of the “in the money”...more

Nutter McClennen & Fish LLP

Nutter Bank Report: March 2023

President Recommends Regulatory Reforms to Address Recent Bank Failures - President Biden has issued a statement urging the federal banking agencies to adopt regulatory reforms that are meant to reduce the risk of future...more

Hogan Lovells

Beware the Ides of March – practical considerations if your bank is failing

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Everybody knows that, logically, banks can fail. Few expect them to. Silicon Valley Bank (SVB), the U.S.’s 16th largest bank, was closed on 10 March 2023, and the Federal Deposit Insurance Corporation (FDIC) appointed as...more

Foley & Lardner LLP

Mexico: Some Key Issues to Watch in a Financially Stressed Environment

Foley & Lardner LLP on

Following the bank receivership of Silicon Valley Bank (SVB) and similar situations with other stressed financial institutions in the U.S. and Europe, companies are concerned with their international assets and credits held...more

Skadden, Arps, Slate, Meagher & Flom LLP

An Introduction to the Unique Issues in Bank Holding Company Bankruptcies

On March 17, 2023, the parent of Silicon Valley Bank (SVB) filed for Chapter 11 protection in the Southern District of New York. Unlike SVB itself, its parent, as a bank holding company, was eligible for Chapter 11. In the...more

Goodwin

Turbulent Banking Sector Renews Interest in Cash Management and Investment Policies

Goodwin on

Silicon Valley Bank was a leading bank for the tech and life science sectors and for many of the venture capitalists who invest in those sectors. The bank’s abrupt disclosure on Wednesday, March 8, of significant losses on...more

Foley & Lardner LLP

Ripple Effect of Recent Bank Insolvencies on Real Estate

Foley & Lardner LLP on

The closure of Silicon Valley Bank (SVB) and Signature Bank, and the subsequent receivership by the Federal Deposit Insurance Corporation (FDIC), has far-reaching effects, including to commercial real estate transactions in...more

WilmerHale

A Look At The Feds' Extraordinary Reaction To SVB Collapse

WilmerHale on

On Sunday evening, the U.S. Department of the Treasury, Federal Reserve, and the Federal Deposit Insurance Corporation announced measures to (1) prevent losses to all depositors — including all uninsured depositors — after...more

Jackson Walker

An Overview of US Government Actions After Closures of Silicon Valley Bank and Signature Bank

Jackson Walker on

Below is a brief synopsis of the failures of Silicon Valley Bank (“SVB”) and Signature Bank, NA (“Signature Bank”) and the actions taken by the U.S. government in response to these failures. Silicon Valley Bank...more

Foley Hoag LLP

SVB Closure: Public Company Disclosure Considerations

Foley Hoag LLP on

Since Friday, March 10, 2023, more than 300 public companies have filed current reports on Form 8-K regarding the closure of Silicon Valley Bank ("SVB"). Company disclosure in these 8-Ks falls essentially into four...more

UB Greensfelder LLP

Federal Government Makes Significant Moves to Instill Confidence in US Banking System

UB Greensfelder LLP on

On Sunday evening, March 12, 2023, two extraordinary joint press releases were simultaneously issued by the U.S. Department of Treasury, the Federal Reserve Bank, and the Federal Deposit Insurance Corporation (FDIC). The...more

Royer Cooper Cohen Braunfeld LLC

Silicon Valley Bank and Signature Bank Closures; Federal Regulators Announce Plan to Protect Depositors

On Friday, March 10, 2023, the California Department of Financial Protection & Innovation, aided by the Federal Deposit Insurance Corporation (“FDIC”) shuttered Silicon Valley Bank (“SVB”) over concerns surrounding its...more

Hogan Lovells

Silicon Valley Bank (SVB) and Signature Bank Collapses: Your legal and regulatory FAQs answered - Last updated March 15 @ 10:10 am

Hogan Lovells on

Silicon Valley Bank (SVB), the U.S.’s 16th largest bank, was closed on Friday, March 10, 2023, by the California Department of Financial Protection and Innovation, which appointed the Federal Deposit Insurance Corporation...more

White & Case LLP

Update: Top Depositor Questions on the Silicon Valley Bank Receivership

White & Case LLP on

On Friday, March 10, 2023, the California Department of Financial Protection and Innovation closed Silicon Valley Bank ("SVB") and the Federal Deposit Insurance Corporation ("FDIC") was appointed SVB's receiver....more

Jackson Walker

What Businesses Should Know About Collapse of Silicon Valley and Signature Banks

Jackson Walker on

On Friday, March 10, 2023, news broke of the collapse of Silicon Valley Bank, the 16th largest bank in the United States with $213 billion in assets reported as of December 2022. Soon after, on Sunday, March 12, Signature...more

Morgan Lewis

SVB and Distressed Banks: Lessons Learned from a Wild Weekend

Morgan Lewis on

US governmental authorities, including the US Department of the Treasury, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation, took actions to provide both insured and uninsured...more

Goodwin

FAQ About Recent Bank Failures in the US

Goodwin on

What actions did the US government take on Sunday with respect to Silicon Valley Bank (SVB) and Signature Bank? On Sunday, March 12, the FDIC, the Federal Reserve, and the US Treasury Department announced that the US...more

Fenwick & West LLP

Silicon Valley Bank Closure: Updated Considerations Following the Creation of Silicon Valley Bridge Bank, N.A.

Fenwick & West LLP on

Considerations relating to Silicon Valley Bank (SVB)’s closure have continued to evolve as a result of the recent announcement by the Federal Deposit Insurance Corporation (FDIC) that it has transferred all deposits—both...more

Womble Bond Dickinson

Update on Silicon Valley Bank Failure and Recent Actions Taken by the Federal Government to Strengthen Confidence in the U.S....

Womble Bond Dickinson on

On Sunday, March 12, 2023, the Department of Treasury, Federal Reserve and FDIC issued a joint statement confirming that they were taking decisive action to protect the U.S. economy by strengthening public confidence in our...more

Coblentz Patch Duffy & Bass

Impact of Recent Bank Failures on Borrowers, Landlords, and Other Stakeholders

By now, most will have heard the news that all deposits at Silicon Valley Bank have been made available to depositors. The Federal Deposit Insurance Corporation (FDIC), in a series of joint statements issued with the U.S....more

White & Case LLP

Silicon Valley Bank UK Limited – Sale to HSBC UK Regulatory Considerations

White & Case LLP on

On Monday March 13, 2023, the Bank of England announced that Silicon Valley Bank UK Limited has been sold to HSBC UK Bank Plc. The situation remains fluid, and the following Q&A reflects our understanding as of Monday...more

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