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Build or Buy: New Observations Regarding a Key Choice for How to Start a “New” Bank

This is the third installment of our series evaluating the choice between starting a “new” bank through the de novo chartering process or purchasing an existing bank to implement the new business plan. Since we first wrote on...more

U.S. Senate Takes Up the RECOUP Act

The Senate Banking Committee has not taken up the previously discussed Senator Warren (D-MA) and Senator Hawley (R-MO) claw back legislation, but has instead, by a bipartisan vote, cleared to the full Senate new bipartisan...more

A Proposed New Failed Bank Clawback Act

Currently, the FDIC has a limited ability to claw back executive compensation in the event of a bank failure. An unlikely combination of U.S. Senators, including Elizabeth Warren (D-MA), Josh Hawley (R-MO), and J.D. Vance...more

Treasury Announces a Second Application Round for ECIP Investments

The United States Department of the Treasury (“Treasury”) recently announced that a second application round has opened for investments in eligible Minority Depository Institutions (“MDIs”) and Community Development Financial...more

Bank-Model Partnerships: The New Banking Model for 2020 and Beyond

According to the FDIC, the most important factor contributing to the earnings gap between community and non-community banks is the ability to generate non-interest income from “activities that are typically not part of the...more

Continued Support for AI from the Financial Services Regulators

On March 29, 2021, the primary federal bank regulators (the Federal Reserve, CFPB, the FDIC, the NCUA, and the OCC) issued a request for information to gain input on the growing use of Artificial Intelligence (“AI”) by...more

CDFI/MDI Community Lenders Treasury Capital Purchase Program

Congress on Monday approved a deal on a $900 billion COVID-19 economic relief package, which is expected to be signed into law within the next few days. The bill provides $12 billion in support to small lenders focused on...more

No Good Deed (Government Assistance Program) Goes Unpunished

Millions of businesses received hundreds of billions in forgivable loans under the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) and the Paycheck Protection Program (PPP). These forgivable loans allow...more

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