News & Analysis as of

Mergers Banks

MoginRubin LLP

Why the Capital One-Discover Merger Makes Sense

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When federal agencies review bank mergers, the competition issues typically relate to the number and location of physical branches and the extent of any overlap in the areas served. By contrast, the proposed $35 billion...more

Orrick, Herrington & Sutcliffe LLP

Bowman remarks on fine tuning supervisory and regulatory efforts

On May 17, Fed Governor Michelle Bowman delivered a speech to the Pennsylvania Bankers Association focusing on bank regulatory reform, opportunities for engagement, bank mergers and acquisitions, third party risk management,...more

Venable LLP

The FDIC's Tougher Policy on Mergers - Why It Matters for Banks and Fintechs

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The FDIC proposed revisions last month to its existing policy on how it evaluates merger transactions that require the FDIC's approval under the Bank Merger Act (BMA). ...more

WilmerHale

The Drawbacks Of Banking Regulators' Merger Review Plans

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The Federal Deposit Insurance Corp. and the Office of the Comptroller of the Currency recently announced proposals to update their approaches to evaluating bank mergers and other business combinations under the Bank Merger...more

Orrick, Herrington & Sutcliffe LLP

OCC extends comment period on proposed rules for the Bank Merger Act

On April 10, the OCC announced a notice published in the Federal Register extending the comment period for the OCC’s proposed rule on bank mergers. The NPRM titled, “Business Combinations under the Bank Merger Act,” was...more

Miller Nash LLP

Bank Merger Guidelines—Updates from the FDIC

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The Federal Deposit Insurance Corporation (FDIC) is ready and eager to make some updates to the guidelines it applies when reviewing potential bank merger transactions. This comes nearly three years after President Biden...more

BakerHostetler

FDIC Looks to Ban Non-Competes in Bank Mergers

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The ever-growing pool of Washington alphabet soup agencies targeting the use of employee non-competes has expanded and now includes — along with the FTC and NLRB – the Federal Deposit Insurance Corporation (FDIC)....more

Cadwalader, Wickersham & Taft LLP

FDIC Proposes Bank Merger Policy Revisions: Our Key Takeaways

On March 21, the Federal Deposit Insurance Corporation (FDIC) published for comment a proposal (Proposal) to revise its Statement of Policy on Bank Merger Transactions (SOP).  If adopted as proposed, the Proposal would modify...more

Vedder Price

Update: OCC Issues Notice of Proposed Rulemaking on Business Combinations

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The Office of the Comptroller of the Currency (“OCC”) recently sought comment on a proposed rule designed to increase the transparency of the standards applicable to the OCC’s review of business combinations (i.e., bank...more

Latham & Watkins LLP

FDIC Proposes Revisions to Policy on Bank Merger Transactions

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The Proposal clarifies the FDIC’s bank merger approval process but may prove challenging for new large bank consolidations with the FDIC as the primary regulator. On March 21, 2024, the Board of Directors of the Federal...more

Vedder Price

OCC Issues Notice of Proposed Rulemaking on Business Combinations

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The Office of the Comptroller of the Currency (“OCC”) recently sought comment on a proposed rule designed to increase the transparency of the standards applicable to the OCC’s review of business combinations (i.e., bank...more

Orrick, Herrington & Sutcliffe LLP

FDIC opens comment period on proposed Statement of Policy regarding bank merger transactions, highlights “added scrutiny” for...

On March 21, the FDIC issued a request for comment on its proposed Statement of Policy (SOP) on bank merger transactions, which will aim to update, strengthen, and clarify the FDIC’s approach to bank merger evaluation. The...more

Nutter McClennen & Fish LLP

Nutter Bank Report: March 2024

The SEC has issued a controversial 886-page final rule imposing climate-related disclosure requirements on publicly traded companies, including banking organizations, which will require them to include certain climate-related...more

Skadden, Arps, Slate, Meagher & Flom LLP

Private Capital Remains an Attractive Alternative for Many Companies

Private credit and other forms of private capital have emerged as attractive alternatives to traditional bank loans and capital market offerings for many companies. These sources of funds were critical in recent years when...more

International Lawyers Network

Establishing a Business Entity in the United States (Updated)

1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the...more

Proskauer - Regulatory & Compliance

Notice of Proposed Rulemaking under the Bank Merger Act to Increase Transparency

The U.S. Office of the Comptroller of Currency (OCC) released a notice of proposed rulemaking (NPR) seeking to “increase the transparency of the standards that apply to the agency’s review of business combinations involving...more

Orrick, Herrington & Sutcliffe LLP

OCC issues proposed rule for bank merger approvals

On January 29, the OCC announced a proposed rule for bank merger approvals under the Bank Merger Act (BMA). The OCC proposed changes to 12 CFR 5.33 to reflect its view that a business combination is a significant corporate...more

Kilpatrick

Proposed OCC Guidance Offer Clarity Around the Bank Merger Approval Process

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On January 29, 2024, the Office of the Comptroller of the Currency (the “OCC”) proposed guidance in the form of a policy statement to provide greater transparency around the factors considered by the agency when approving...more

A&O Shearman

Slovak FDI regime: what does it mean for your M&A and banking deals?

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The Slovak FDI regime applies from 1 March 2023. What are the first impressions? The FDI Act dramatically expands the powers of certain Slovak authorities to scrutinise investments from the perspective of national security...more

Orrick, Herrington & Sutcliffe LLP

Fed's Bowman discusses research of regulatory thresholds, deposits

On October 4, Federal Reserve Governor Michelle Bowman delivered a speech at the Fed’s annual Community Banking Research Conference, calling for more research on regulatory thresholds and the deposit insurance framework. ...more

Latham & Watkins LLP

UK Outlines Bank Ring-Fencing Reforms

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Government plans to add more flexibility to the regime, but its long-term future remains undecided. On 28 September 2023, HM Treasury published further papers in relation to the planned reform of the UK bank ring-fencing...more

White & Case LLP

Sector trends - September 2023: Brokers/Corporate Finance

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Pan-European banks, including Mediobanca and Deutsche Bank, seek senior dealmaker bench strength through high profile acquisitions....more

Cooley LLP

DOJ’s Top Antitrust Official Turns Spotlight on Broadened Scope of Bank Merger Enforcement

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In the wake of major bank failures in the US, the Department of Justice (DOJ) has signaled that it plans to step up antitrust enforcement of bank mergers. In June 2023, the DOJ’s Assistant Attorney General for Antitrust...more

Orrick, Herrington & Sutcliffe LLP

Senators call for stronger Fed oversight over bank mergers

On August 9, Senators Sherrod Brown (D-OH), Elizabeth Warren (D-MA), Jack Reed (D-RI), and John Fetterman (D-PA) wrote a letter to the Chair and Vice Chair of Supervision for the Board of Governors of the Federal Reserve...more

McGuireWoods LLP

4th Circuit Case Alleging Misled Shareholders Offers Legal Boost for Merger-Interested Corporations

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The 4th U.S. Circuit Court of Appeals on June 1, 2023, issued a strong defense opinion in Karp v. First Connecticut Bancorp, a case involving allegations under Section 14(a) of the Exchange Act that defendant First...more

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