Resolution of Depository Institutions

Banking institutions that achieve a certain size trigger the unenviable task of creating a living will, a plan to enable regulators to quickly resolve the institution in the unlikely event that it fails. The standards for such plans continue to evolve. Venable can advise institutions that find themselves crossing the threshold or who are facing supervisory criticism for past efforts.

For decades, Venable has worked extensively on the problems associated with failing and failed banks. Whether bidding on a failing institution or purchasing assets from the FDIC following a failure, our team is well versed in the complexities of acquiring troubled institutions, including dealing with the FDIC in its dual capacities as receiver and corporation. We help qualify clients with the FDIC as bidders for failing institutions, prepare bid packages, negotiate purchase and assumption and loss-sharing agreements, and monitor failed bank agreements and loss sharing. Our attorneys also assist with bidding on loans and other assets held by the FDIC, as well as compromising loans and other claims by borrowers.

Venable can also assist the bankruptcy estate of bank holding companies to retain tax refunds held by the estate against claims of the FDIC as receiver of a subsidiary bank. We also defend management of failed institutions against claims asserted by the FDIC as receiver.

Government Experience
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Our team includes attorneys who are focused on financial services and regulatory issues and regularly deal with, or formerly served as senior officials and legal counsel of, federal and state agencies responsible for the supervision of financial institutions, including:

  • Office of the Comptroller of the Currency
  • Federal Deposit Insurance Corporation
  • Federal Reserve Board
  • Federal Deposit Insurance Corporation
  • Financial Crimes Enforcement Network (FinCEN)
  • Federal Housing Finance Agency
  • Department of Housing and Urban Development
  • Federal Financial Institutions Examination Council
  • Financial Stability Oversight Council
  • Commodities Futures Trading Commission
  • Department of Justice
  • Department of Treasury
  • Securities and Exchange Commission
  • Office of Management and Budget
  • Federal Trade Commission

Recognition
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• Recognized by Chambers USA
• Ranked in U.S. News - Best Lawyers "Best Law Firms," 2011 – 2017
• Ranked among the nation's top firms for Financial Services: Regulatory in Legal 500