October 13, 2015 - 12:15 PM - 2:00 PM ET

Defending Bank Enforcement and FDIC D&O Suits: Latest Cases, Defenses, and Successful Litigation Strategies

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Looking to avoid being caught in the crosshairs of increased scrutiny by the federal banking regulators (OCC, FDIC, Fed), Consumer Financial Protection Bureau (CFPB), New York Department of Financial Services (DFS), FinCEN, the U.S. Department of Justice (DOJ), and the state Attorneys General? Over the past several years, federal and state enforcement officials have shifted their focus to banks, other financial services providers, and directors and officers and other individuals connected with the financial services industry. The FDIC has filed 108 lawsuits against directors and officers of banks that were closed after the 2008 Great Recession; dozens of these filed cases have been settled, mostly from insurance proceeds. In 2014, the federal banking agencies engaged in over 650 formal enforcement actions, a level that remains significantly above pre-2008 crisis levels. Moreover, the size of penalties against banks has continued to increase with the DOJ and DFS playing an increasingly important role. The CFPB has continued its aggressive enforcement actions against banks and other financial services provides, focusing on indirect auto lending, servicing practices, and add-on products marketing.

Six of the nation's leading bank defense lawyers and former regulators will take an in-depth look at the priorities at the forefront of government civil and criminal enforcement efforts. They will review the latest cases, analyze litigation strategies and successful defenses. Topics will include:

  • Consumer protection issues
  • Bank safety and soundness (C&Ds, CMPs, Removals, Prohibitions, IMCRs)
  • FDIC directors’ and officers’ suits, settlements and defenses
  • Fair Lending and the implications of the Supreme Court’s recent “Disparate Impact” decision
  • Enforcement against third parties (vendors, consultants)
  • Criminal enforcement trends
  • Compliance best practices and strategies to avoid and survive investigation

An interactive Q&A immediately follows the presentation.

Ronald R. Glancz, Partner, Venable, Washington, DC
Allyson B. Baker, Partner, Venable, Washington, DC