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Hunton Andrews Kurth LLP

Peter G. Weinstock

Peter G. Weinstock

Partner

Expertise

  • Banking and Finance
  • Advertising and Marketing Compliance and Regulatory Counseling
  • Advertising Compliance and Counseling
  • Advertising and Marketing

WSG Practice Industries

Activity

WSG Leadership

ABA Group
Member
Profile

Peter’s practice focuses on corporate and regulatory representation of a wide range of financial institution franchises.

During the past several years, Peter has devoted substantial time to strategic planning, bank compensation and defense of enforcement matters, including concerning fair lending and BSA. He is Co-Practice Group Leader of the Financial Institutions Section. He has counseled institutions on more than 375 M&A transactions, hundreds of securities offerings, including over a dozen IPOs, and capital planning, over 50 de novo banks and hundreds of administrative and other enforcement actions. He was a guest lecturer for Harvard’s Kennedy School of Public Policy in Beijing, China in 2017 and 2018.

Relevant Experience

Representation includes:

  • lead counsel in Entegra Financial merger of equals and then responding to First Citizens BancShares’ topping bid – 2019. We were nominated for advisor of the year by The Deal’s Middle Market Awards. The transaction was highlighted in PLC’s 2019 Year-End Public M&A Wrap-Up;
  • hired by national law firm as an expert on banking regulation;
  • facilitated over 25 strategic planning retreats in 2017-2019;
  • convinced the U.S. Treasury to issue the first community development financial institution designation for a for-profit indirect lender (a lender that buys loans). The U.S. Treasury had previously not approved such entities to be CDFIs for policy reasons;
  • obtained the first ever shelf charter (a charter that was not activated until a bank failed) to buy assets and assume liabilities from the FDIC as receiver of failed banks;
  • proposed to senior regulatory personnel changes to the Shared National Credit (“SNC”) review process and how that process may be enhanced;
  • more representations of buyers, sellers and committees of firms involved in 363 bankruptcy actions than any other firm;
  • more topping bid transactions as buyer or seller than any other banking firm over the past 20 years;
  • more M&A transactions than any firm over the last 20 years (according to S&P Global Market Intelligence);
  • number 1 in 2013 with 19 M&A transactions and in 2014 with 20 M&A transactions, number 2 in 2016 with 15 transactions, and number 4 in 2017 with 14 M&A transactions, number 6 in 2018 (according to S&P Global Market Intelligence); number 2 in 2019 with 22 bank M&A transactions, including six bank merger of equals over the last three years;
  • hundreds of capital offerings, including over 18 IPOS;
  • hundreds of fair lending, CMPs, and other enforcement actions;
  • testimony before Panel of the House Judiciary Committee regarding Operation “Choke Point” in July 2014;
  • myriad compliance issues before all of the federal bank regulatory authorities, including the CFPB; and negotiations of administrative actions;
  • worked with Puerto Rico taxing authorities to create a tax structure to allow Puerto Rican bank holding companies to issue trust preferred securities;
  • advised the first and largest online auctioneer and broker of oil and gas properties in the United States;
  • first voluntary liquidation by merger of a national bank into a nonbank subsequent to adoption of new OCC procedures;
  • representation of Wilshire Bancorp, Inc. in merger-of-equals transaction with BBCN Bancorp creating the only super regional Korean-American bank in the United States;
  • representation of Bank of Cascades in the acquisition of 15 Bank of America branches;
  • advised dozens of bank holding companies and private equity firms regarding application of the Bank Holding Company Act and the Change in Bank Control Act;
  • representation of foreign banks, foreign bank branches and agencies regarding U.S. banking laws, rules and regulations; and
  • representation of eight Fintech platform banks.

He has authored numerous articles in banking publications. His article, “Acquisitions of Failed Banks – Present Risk and Opportunity,” was honored by The RMA Journal in 2011 as the second best article for that year. For the 22 years during its existence ending in 2019, he served as co-editor of ICBA’s Newsletter, “SUBCHAPTER S: THE NEXT GENERATION.” He has spoken at over 250 banking conferences and seminars, including for over the last 13 years, ICBA’s annual conference. In addition, he is listed in Chambers USA “Leaders in Their Field” for banking and FinTech and as AV Preeminent in Martindale-Hubbell®; named to the National Law Journal’s list of Mergers & Acquisitions and Antitrust Trailblazers for 2018; recognized in the 2019 Legal 500 USA rankings; ranked in the following categories: Chambers USA 2020 – Banking & Finance – Texas; and Chambers FinTech Legal: Payments & Lending USA 2019-2021. He was also asked to speak at the first-ever Wisconsin Graduate School of Banking Digital Banking School in October 2020, March 2021 and May 2021.

Law Journal Articles

  • Co-author, “If it Walks Like a Duck …”: The Demise of the Guidance Masquerade, The Banking Law Journal, April 2018
  • Co-author, CFPB Issues Updated Guidance for Residential Mortgage Servicing Transfers and Alerts Servicers of CFPB Review of Servicing Transfers, The Real Estate Finance Journal, Summer/Fall 2014
  • Author, Acquisitions of Failed Banks Present Risk and Opportunity, The RMA Journal, December 2010 - January 2011 (this article was voted the second best article appearing in the Risk Managers Association Journal of 2011; and a winning article for the 2012 Burton Awards for Legal Achievement)
  • Author, Federal Reserve Requires Banks to Implement New Overdraft Procedures and Related Disclosures, Electronic Banking Law & Commerce, March 2010, Volume 14, Issue 8
  • Author, Prompt Corrective Action, The Banking Law Journal at 317-324, April 2009
  • Co-author, Health Savings Accounts and the Convergence of Healthcare and Banking, The Banking Law Journal, January 2008
  • Co-author, Less is More: Changing the Regulator’s Role to Prevent Excess in Consumer Disclosure, 123 The Banking Law Journal, 99, 2006
  • Author, Payroll Cards, Journal of Payment Systems Law, 2005
  • Co-author, Overdraft Protection Programs: The Emerging Battleground for Bankers and Consumer Advocates, 121 The Banking Law Journal, 791, 2004
  • Co-author, Banking Law Developments, Southwestern Law Journal, 1991-1992
  • Co-author, Banking Law Developments, Southwestern Law Journal, 1990-1991
  • Author, Banking Law, Southwestern Law Journal, 1990-1991
  • Author, Directors and Officers of Failing Banks: Pitfalls and Precautions, 106 The Banking Law Journal, 434, 1989

Bar Admissions

  • Texas

Education

BA, State University of New York, 1982
Areas of Practice

Advertising and Marketing | Advertising and Marketing Compliance and Regulatory Counseling | Advertising Compliance and Counseling | Banking and Finance | Capital Markets and Securities | Consumer Financial Compliance and Litigation | Corporate | Corporate Governance and Board Advisory | Fair Lending | Financial Institutions Corporate and Regulatory | FinTech | Marketplace Lending and FinTech | Mergers and Acquisitions

Professional Career

Significant Accomplishments

Representation includes:

  • representation of Cascade Bancorp in its successful topping bid to acquire Home Federal Bancorp, Inc., a NASDAQ-listed bank;
  • more M&A transactions than any firm over the last 12 years (according to SNL Financial, December 2012);
  • number 1 in 2012 with 14 M&A transactions (according to SNL Financial, December 2012);
  • hundreds of capital offerings;
  • hundreds of fair lending, CMPs, and other enforcement actions;
  • myriad compliance issues before all of the federal bank regulatory authorities, including the CFPB; and negotiations of administrative actions.

He has authored numerous articles in banking publications. His article, “Acquisitions of Failed Banks – Present Risk and Opportunity,” was honored by The RMA Journal in 2011.

For the last 16 years, he has co-edited ICBA’s Newsletter, “SUBCHAPTER S: THE NEXT GENERATION.” He has spoken at over 150 banking conferences and seminars.

Law Journal Articles

  • Author, Acquisitions of Failed Banks Present Risk and Opportunity, The RMA Journal, December 2010 - January 2011 (this article was voted the second best article appearing in the Risk Managers Association Journal of 2011; and a winning article for the 2012 Burton Awards for Legal Achievement)
  • Author, Federal Reserve Requires Banks to Implement New Overdraft Procedures and Related Disclosures, Electronic Banking Law & Commerce, March 2010, Volume 14, Issue 8
  • Author, Prompt Corrective Action, The Banking Law Journal at 317-324, April 2009
  • Co-author with Stephanie Kalahurka, Health Savings Accounts and the Convergence of Healthcare and Banking, The Banking Law Journal, January 2008
  • Co-author with Stephanie Kalahurka, Less is More: Changing the Regulator’s Role to Prevent Excess in Consumer Disclosure, 123 The Banking Law Journal, 99, 2006
  • Author, Payroll Cards, Journal of Payment Systems Law, 2005
  • Co-author with Stephanie Kalahurka, Overdraft Protection Programs: The Emerging Battleground for Bankers and Consumer Advocates, 121 The Banking Law Journal, 791, 2004
  • Co-author with Christopher T. Klimko, Banking Law Developments, Southwestern Law Journal, 1991-1992
  • Co-author with Christopher T. Klimko, Banking Law Developments, Southwestern Law Journal, 1990-1991
  • Author, Banking Law, Southwestern Law Journal, 1990-1991
  • Author, Directors and Officers of Failing Banks: Pitfalls and Precautions, 106 The Banking Law Journal, 434, 1989


Professional Associations

  • Member, IBAT Community Bank Charter Task Force
  • Member, ICBA’s General Counsels’ Advisory Group, 2014
  • Member, American Bar Association
  • Founding Board Member, The Family Place Foundation, 2007-present
  • Advisory Director, Matrix Bancorp, Inc., Denver, Colorado, 1996-2006
  • Past President, The Family Place, 1994-1996
  • Founding Board Member and Past President, Helping Hands for The Family Place, a nonprofit agency devoted to battered women and abused children, 1991

Professional Activities and Experience

  • Fellow of the Texas Bar Foundation
  • AV®Preeminent Peer Review Rating in Martindale-Hubbell and featured as a 2018 Legal Leader in Banking and Finance in ALM Publications. A description of the selection methodology can be found on Martindale-Hubbell’s webpage.
  • Recipient of a Game Changer Award, Finance Monthly Magazine, 2018. A description of the selection methodology can be found on Finance Monthly’s webpage
  • 2017 M&A Advisor Award for Financial Deal of the Year for the sale of Cascade Bancorp to First Interstate BancSystem, Inc.
  • Chambers USA, leading lawyer in Banking (Texas), 2012-2017
  • Hunton & Williams LLP Top Ranked in SNL Financial League Tables for Third Consecutive Year, Sixth Time in Eight Years, January 2015
  • Lead counsel on the North American Corporate Deal of the Year (Middle Market) – The M&A Atlas Awards – for Cascade Bancorp, Inc.’s successful topping bid to acquire Home Federal Bancorp, Inc., a NASDAQ-listed thrift holding company
  • Finance Monthly Deal Maker of the Year Award 2014 – Cascade Bancorp, Inc.’s successful community bank topping bid in connection with Cascades’ agreement to acquire Home Federal Bancorp
  • Selected a best law firm writer of 2012 by The Burton Awards for Legal Achievement, a program run in association with the Library of Congress
  • Winner of the 2010 RMA Journalistic Excellence Award – second place
  • Selected one of eight lawyers in the midsection of the country to The International Who’s Who of Banking Lawyers, 2003
  • Selected as one of the “Top-Rated Speakers” by the Financial Managers Society (FMS) and member of the FMS Hall of Fame 
  • Selected for inclusion in “Go-To Guide of Top Lawyers,” Texas Lawyer, 2002 
  • Recipient, Pro Bono Award, Corporate Council, The State Bar of Texas, 1997 
  • Nominee, Individual Category, Outstanding Volunteer of the Year Award, Volunteer Center of Dallas, 1996

Articles

The Employee Retention Tax Credit: Why Is My Refund Taking So Long?
Hunton Andrews Kurth LLP, June 2021

We have written previously regarding the employee retention tax credit (the “ERC”).  The ERC was created by the Coronavirus Aid, Relief, & Economic Security Act (the “CARES Act”) and was expanded by the Consolidated Appropriations Act, 2021 (the “Appropriations Act”) to provide a tax credit on a per-employee basis if employers had a sufficient reduction of revenue or had a partial or complete shutdown based on a civil authority order...

Clear as Mud? Understanding The Fed's Change in Control Rules and Common Inadvertent Violations
Hunton Andrews Kurth LLP, October 2020

The Board of Governors of the Federal Reserve System (the “Fed”), the Office of the Comptroller of the Currency (the “OCC”), and the Federal Deposit Insurance Corporation (the “FDIC”) each have regulations implementing the Change in Bank Control Act (12 U.S.C...

Expanding the Beachhead: Why Banks Should be Using the Main Street Lending Facilities
Hunton Andrews Kurth LLP, October 2020

The Federal Reserve, using CARES Act funding, has created a number of Main Street Lending Facilities (“MSLFs”). The two that should be of interest to most bankers are the Main Street New Loan Facility (“MSNLF”) and the Main Street Priority Loan Facility (“MSPLF”). These two facilities should enable banks that have successfully moved business from competitors pursuant to the Paycheck Protection Program (“PPP”) to continue such efforts...

Additional Articles

  • 2014 Hodgepodge
  • Heightened Standards for Directors: What You Need to Know, BankDirector.com
  • Alternatives for Financing an Acquisition
  • Private Placements: Nut and Bolts, Community Bankers Association of Kansas
  • “An Overview of the Small Business Association 7(a) Loan Program and Summary of Other CARES Act SBA Provisions,” March 28, 2020
  • Treasury Management
  • Diversity Practices of Financial Institutions
  • Overseeing Investigations is a New Director Core Competency, ICBA Community Bank Director
  • How Much is Enough for Independence?, Western Banker
  • Regulators Gang up on Banks, Third-Party Payment Processors, American Banker – BankThink
  • One Time Deposit Assessment Credit, Hoosier Banker, Vol. 90, No. 8 at 34 and 35
  • New FFIEC Compliance Rating System
  • “Clear as Mud? Understanding the Fed’s Change in Control Rules and Common Inadvertent Violations,” October 13, 2020
  • Commentary: Corporate Boardrooms Face Insurance Woes, Dallas/Ft. Worth Business Journal, 5
  • OCC Tilts Position on Concentration Ratios with Possible Implications for all Banks
  • Restitution Offers Banks Chance to Recover Crime Losses, Oklahoma Banker, Vol. 83, No. 18 at 8
  • “The Regulators and Guidance: Thou Doth Protest Too Much"
  • Stop the FDIC’s Crusade Against Brokered Deposits, American Banker – BankThink
  • Will the Subprime Flu Enhance Community Bank Prospects?, The Arkansas Community Banker
  • Implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act, White Paper published by the Independent Bankers Association of Texas, Volume 20
  • Directors and the Duty of Confidentiality, Community Bank Director
  • One-time Election for Plan-to-Plan Transfer Can be Attractive to Subchapter S Corporations, ICBA's SUBCHAPTER S: THE NEXT GENERATION
  • “SBA Announces Terms of Payroll Protection Program,” April 1, 2020
  • The CFPB Takes Aim at Third-Party Products Offered to Customers
  • Frontier Decision Explores the FDIC's C&D Order Authority
  • The Ruling: Federal Reserve Board and MCorp, The Texas Independent Banker, Vol. 17, Issue 7 at 14 and 15
  • Cybersecurity
  • Hudson City Consent Order – A Game Changer for Redlining Enforcement?
  • Management Succession Planning and Board Composition
  • FDIC Closed-Bank Rules Yield Surprises for Sweep Accounts, Community Banker
  • FinCEN Expands Customer Due Diligence Requirements
  • Incentive Compensation and Clawback Rules to Get Renewed Focus
  • Plaintiffs’ Law Firm Again Targeting Community Banks, The Wyoming Banker
  • Hippocratic Oath for Regulatory Guidance Needed, American Banker – BankThink
  • Take Care When Naming Your Branch Bank, Community Bankers of Illinois - Bank Notes, Vol. 32, No. 6 at 38 and 39
  • The Evolving Landscape for Financial Institutions, Regulatory Roundup
  • Cynicism in Confronting the Critics, American Banker, Vol. 174, No. 93
  • Treasury Inquiries Regarding Dividends and the Small Business Lending Fund
  • Presentations Reveal Regulatory Concerns, The Wyoming Banker
  • Examiners’ Growing Misuse of “Reputation Risk,” American Banker – BankThink
  • S Corporations Obtain Capital Relief Under SBLF
  • Regulators Determine $2,000 Per Occurrence CMP Effective Immediately
  • Increased Regulatory Scrutiny of Third-Party Vendors and Their Contracts, Community Bankers Association of Illinois
  • FinCEN’s New Customer Due Diligence Requirements and Their Impact on Community Banks
  • Small Business Lending Fund Update, The Wyoming Banker
  • Private Placements: Nuts and Bolts
  • “Practical Tips for Understanding and Managing SBA PPP Risks After Day 1,” April 6, 2020
  • New York Action May Mean Significant Changes in Use of Consultants, Western Independent Bankers – Compliance Digest
  • Increased Regulatory Scrutiny of Third-Party Vendors and Their Contracts, Arkansas Community Bankers
  • Diversity Policies and Practices of Financial Institutions
  • “Paycheck Protection Program Timeline of Important Regulatory Announcements,” May 7, 2020
  • “SBA April 2, 2020 Mostly Final Rule on the Paycheck Protection Program,” April 3, 2020
  • Appraisal Proceeding in Community Bank Merger Finds Fair Value in Excess of Deal Price
  • OCC Issues Bulletin on Consumer Debt Sales to Third-Party Debt Buyers
  • Warding Off Takeovers by Implementing a Stock Repurchase Program
  • Commercial Real Estate Lending – Are Some Lenders Reaching the Limits?
  • Director's Duties Regarding Unsolicited Offers, The Mississippi Banker, Vol. 90, No. 4 at 20 and 21
  • Consumer Complaints: An Unofficial Pillar of Compliance Management Systems
  • “The Employee Retention Tax Credit: Why Is My Refund Taking So Long?,” June 21, 2021
  • “Paycheck Protection Program Loan Forgiveness FAQs and New Guidance on Lender Obligations,” August 11, 2020
  • Fourteen Steps to Address Third-Party Risk
  • Considering Selling? Structuring the Deal, Community Bankers of Florida Newsletter
  • Proposed Changes to Estate and Gift Tax Regulations May Require Quick Action
  • The Real Deal Breakers – Compensation and Social Issues; Acquire or Be Acquired, Bank Director Magazine
  • Two Sides of a Coin: To Buy or to Sell (Part I), The Texas Independent Banker, Vol. 22, Issue 11 at 31-34
  • Paid Sick Leave 2
  • FinCEN Expands Customer Due Diligence Requirements
  • Plaintiffs’ Law Firm Again Targeting Community Banks, Independent Community Banks of North Dakota
  • Garden Variety Fraud Never Goes Away
  • “Triple P Director Eligibility,” April 14, 2020
  • “What Takes Estate Planning in Banking so Long to Execute?,” March 2020
  • BSA Developments Continue to Raise Challenges
  • The CFPB Takes Aim at Third-Party Products Offered to Customers, The Wyoming Banker
  • A New Look at an Old Regulation
  • Branch Names, The Arkansas Community Banker
  • Federal Reserve Takes Shotgun Approach on Shareholder Protection Matters, The Wyoming Banker
  • Too Much Darn Guidance, Western Independent Bankers, Directors Digest
  • ACH: Compliance Burden or Revenue Opportunity, The Wyoming Banker
  • Acquisitions of Failed Banks Present Risk and Opportunity, RMA Journal
  • Teaming Up To Enhance Profitability and Achieve Economies of Scale
  • Pittsburgh Law Firm Files First Lawsuits in Texas Against Community Banks for Alleged Website ADA Violations
  • “Bank M&A Trends and the Stage for 2020,”  January 2020
  • Debt as Capital: Congress Changes Small Bank Holding Company Policy Statement
  • Transactions with Affiliates: An Outline of the Old 23A and the New 23B of the Federal Reserve Act, Independent Banker 8, 10 and 18
  • Volcker Rule: Hero or Villain?, BankDirector.com
  • Cynicism in Confronting the Critics, Nebraska Banker
  • Fair Lending Developments
  • Give Examiners More Discretion with Regulations, BANKERS DIGEST
  • “Worth the Wait? The Paycheck Protection Program Forgiveness Application Finally Arrives,” May 19, 2020
  • Director Duties and the Swinging Pendulum
  • “SBA Issues Interim Final Rule with Additional Guidance on the Paycheck Protection Program,” April 15, 2020
  • What is Really Behind the Push for Elimination of Bank Holding Companies?
  • The State of Banking 2009, The Wyoming Banker
  • Fair Lending – Fighting the Last War
  • Trust Preferred Securities – A Primer on the State of the Market, Western Banking, Vol. 2, No. 5 at 22-25
  • DOJ Reiterates Cooperation to Obtain Full Credit and Avoid Penalties, The Wyoming Banker
  • “FinCEN and Bank Regulators Officially Encourage Innovation in BSA/AML
  • With Apologies to Jan Brady: Capital, Capital, Capital, Western Independent Banker
  • Foot Faults and CMPs
  • Fair-Lending Ruling Means Pricier Loans for Consumers, American Banker
  • Viewpoint: Give Examiners More Discretion with Regulations, American Banker
  • Financial Reporting of Elderly Abuse
  • “FDIC Issues Final Rule on ILCs: Strengthens Pathway for Companies Seeking Bank Charters,” December 28, 2020
  • “Paycheck Protection Program: Preparing for Round 3,” December 23, 2020
  • “Class Action Litigation Trends Warn of Renewed Focus on Overdraft Practices,” May 25, 2021
  • Cutting Through the Clutter with Audit-Compliance Committees, ICBA Community Bank Director
  • IT Agreements are not Just “Forms”
  • Fair Lending Developments, Nebraska Independent Banker
  • Plaintiffs’ Law Firm Again Targeting Community Banks, Community Bankers of Iowa CommonCENTS
  • Enforcement Trends
  • Understanding the Shift of Premises to OREO
  • How Directors Should Handle Unsolicited Offers, The Mississippi Banker, Vol. 90, No. 5 at 22 and 24
  • Quasi-Reorganizations
  • A Summary of the Legislative Session, Independent Banking, Vol. 16, Issue 8
  • Financial Institutions are Federal Contractors Subject to Certain Executive Orders
  • Stock Repurchases and Reverse Stock Splits, Directors Quarterly, Vol. 3, Issue 3 at 6 and 7
  • “The Just Right Economy and Bank M&A,” IBAT’s The Texas Independent Banker
  • CFPB Semi-Annual Regulatory Agenda, Including Enhanced ECOA Data Collection Requirements
  • A Pictorial Torrent
  • Consumer Complaints: An Unofficial Pillar of Compliance Management Systems, The Texas Independent Banker
  • Greater Accountability in the Small Business Lending Fund Act of 2011
  • “Impact of Coronavirus on Audit Firms,” March 16, 2020
  • “Economic Need, Liquidity and Safe Harbors: Keep Your Eye on the Bouncing PPP Certification Ball,” May 14, 2020
  • Troubled Bank Acquisitions, Hoosier Banker
  • What ROE Do Shareholders Need?, The Texas Independent Banker
  • Bank Owned Life Insurance
  • FinCEN Issues Mortgage Loan Fraud Reporting Advisory
  • Prospects for Change at the CFPB
  • OpUSA: Criminal Hackers Planning Cyber Attacks Against Bank Websites
  • Agencies Propose Flood Insurance Rule Changes in Response to the HFIAA
  • “Expanding the Beachhead: Why Banks Should be Using the Main Street Lending Facilities,” October 7, 2020
  • Legal Ramifications of Operation Choke Point
  • FDIC Guidance Still Leaves Banks, Processors at Examiners' Mercy, American Banker – BankThink
  • “Implications of the Main Street Lending Program on Existing Debt,” May 15, 2020
  • “Memorial Day Weekend 2020: Two New Rules on Paycheck Protection Program Loan Forgiveness Process
  • Impact of the Dodd-Frank Act on Main Street, Wyoming Bankers
  • “Catching Our Breath: Paycheck Protection Program Assessment as of April 20, 2020,” April 20, 2020
  • Should We Consider Revoking Our Bank’s Subchapter S Corporate Election?, ICBA’S SUBCHAPTER S: THE NEXT GENERATION
  • State Bank vs. National Bank Charters 2012 – Where is the Grass Greener?
  • Basel III in Subchapter S: Watch Out for the Buffer, ICBA'S SUBCHAPTER S: THE NEXT GENERATION
  • “The Estate Tax Yo-yo is Back in Play,”
  • Directors and the Duty of Confidentiality, InTouch – Community Bankers Association of Kansas
  • Small Business Lending Fund Update
  • Curry's Remarks to the Consumer Federation of America
  • OCC Heightened Standards: A Mixed Bag for Directors, MIBA’s Compliance Corner
  • Consumer Complaints: An Unofficial Pillar of Compliance Management Systems, Arkansas Community Banker
  • The Family Limited Partnership, Directors Quarterly, Vol. 4, Issue 3 at 10 and 11
  • The Unsolicited Offer: The Directors' Conundrum, The Independent Banker, Vol. 21, Issue 2 at 27-29
  • “Potential Benefits of Subchapter S for Estate Planning,” ICBA’s Community Banker University Subchapter S News
  • Strategic Combinations/Merger of Equals
  • Plaintiffs’ Law Firm Again Targeting Community Banks, Nebraska Bankers Association Newsletter
  • Make-Whole Provisions, Asset Sales and the Repeal of Regulation Q
  • Subchapter S Changes Will Some Banks to Cut Texas, Oklahoma Banker, Vol. 86, No. 19 at 15 and 23
  • Troubled Bank Acquisitions, The Texas Independent Banker
  • Community Bank Public Policy Proposals – Proposed Legislation
  • Addressing the Mine Fields – Subchapter S Banks and the Great Recession, ICBA's SUBCHAPTER S: THE NEXT GENERATION
  • Wholesale Funding: The Regulators Take the Gas Out of the Tank, American Banker
  • Directors’ Duties and the Unsolicited Offer, Western Independent Banker
  • Regulatory Guidance May Temper Bank Mortgage Lending
  • Regulatory Developments in Banking, Wyoming Banker
  • Hodgepodge II
  • New Regulatory Expectations for Payment Processing, ICBA Community Bank Director
  • OCC 2017 Bank Supervision Operating Plan Provides Insights to All Banks
  • “State and Local Taxation,” ICBA’s Community Banker University Subchapter S News
  • Compliance Examination Gotchas
  • Hunton & Williams Represents Cascade Bancorp in Topping Bid
  • The Legal Lending Limit – A Trap for the Unwary, BNA's Banking Report
  • The Legal Lending Limit – A Trap for the Unwary, BNA's Banking Report, Vol. 52, No. 8
  • Structuring a Problem Bank Acquisition to Enhance Tax Attributes, Directors Quarterly, Vol. 2, Issue 3 at 5 & 9
  • Liability of Directors and Officers of Failed and Failing Banks, Independent Banking, 12-15 and 23
  • “SBA Releases Streamlined Forgiveness Application and New Interim Final Rule: Anything But EZ,” June 18, 2020
  • FinCEN Issues Advisory on SAR Reporting Obligations Involving Cyber Crime; Interprets Regs Broadly to Require Reporting of Cyber Events Intended or Having Potential to Affect Transactions
  • “OCC Opens the Door for Banks to Offer Cryptocurrency Services,” July 28, 2020
  • DOJ Reiterates Cooperation to Obtain Full Credit and Avoid Penalties
  • 2014 CFPB Agenda
  • The New Reality of Branch Purchases
  • “Can Banks and Financial Institutions Offset Against Stimulus Checks?”, April 7, 2020
  • Capital Treatment of Subordinated Debentures Issued by "Large" Subchapter S Corporations Under the SBLF
  • The Unsolicited Offer: The Directors' Conundrum -- Part II, Directors' Quarterly
  • The Director’s Role: Setting Expectations, Western Independent Bankers’ Director’s Digest
  • "Shareholder Activism Defense: Enforcement of an Advance Notice Bylaw for a Bank Holding Company," ICBA's Bank Director Newsletter
  • Directors and the Duty of Confidentiality
  • “New Year, New Brokered Deposit Rule: A Long Road to Maybe,” January 2020
  • “SBA Releases First Interim Final Rule After Passage of the Paycheck Protection Program Flexibility Act/PPPLF Conflict Issues Created,” June 12, 2020
  • The CFPB Takes Aim at Third-Party Products Offered to Customers, Community Bankers Association of Illinois
  • Tax Freedom Day Comes Early – Sub S Status Now Available for Banks, The Texas Independent Banker, Vol. 23, No. 10 at 16-18
  • Hurricane Irma
  • Increased Regulatory Scrutiny of Third-Party Vendors and Their Contracts
  • Compliance Thoughts for Processor Customers, Western Independent Bankers – Directors Digest
  • NSF Programs: The New Regulatory Offensive, The Disclosure, Iowa Bankers Association
  • ICBA's SUBCHAPTER S: THE NEXT GENERATION, 1997 to the present
  • Fair Lending: Lessons Learned
  • Will the Subprime Flu Enhance Community-Bank Prospects?, Bank Notes, Vol. 34, Issue 3
  • Hurricane Harvey
  • “SBLF 2020: Return of the Small Business Lending Fund?,” April 1, 2020
  • Troubled Debt Restructurings
  • Will Open-Bank Assistance Make a Comeback?, Directors Quarterly, Vol. 2, Issue 1
  • Potential Benefits of Subchapter S Corporations for Estate Planning, Community Banker University (ICBA): Subchapter S News for Community Bankers
  • Some Light in the Darkness
  • Regulation O: Common Mistakes & Technicalities Explained, BNA's Banking Report
  • Preparation for OCC Examinations: Points of Emphasis
  • Source of Strength Policy May Weaken Holding Companies, The Bankers Magazine, Vol. 171, No. 3
  • “Odds and Ends Regarding the Paycheck Protection Program,” April 29, 2020
  • Maintaining Eligibility Under Subchapter S
  • Branch Names, Colorado Banker
  • Texas Bankers Sue Plaintiffs’ Lawyers Over Website ADA Demand Letters
  • Steps for Preparing Your Bank for Sale
  • Regulation W, BNA's Banking Report
  • Small Business Lending Fund Update, Colorado Banker
  • Preparing for Takeovers and Shareholder Activism at Community Banks
  • Comment: Insider Deals Face Closer Scrutiny, American Banker, Vol. 46, No. 192 at 4,13
  • The State of Banking 2010 – The Regulatory Vise Continues to Tighten, Wyoming Bankers
  • “The OCC Supplemental Lending Limits Program: Opportunities for Growing Loan Portfolios in a Challenging Environment,” December 29, 2020
  • “SBA Issues First Interim Final Rules on the 2021 Paycheck Protection Program,” January 8, 2021
  • Capital Plans: Why The Regulators Believe Every Capital Plan is Unacceptable and How to Prove Them Wrong, Community Bankers Association of Illinois Newsletter
  • Structuring a Problem Bank Acquisition to Enhance Tax Benefits, The Wyoming Banker
  • The CFPB Takes Aim at Third-Party Products Offered to Customers, Western Independent Bankers' Compliance Digest
  • The Ascendancy of Evaluations and Other Requirements from the New Interagency Appraisal Guidelines
  • Loan Now or Else: Congress Proposes to 'Fix' TARP, The Texas Independent Banker
  • “Paycheck Protection Program Updates: Additional Funding, New Interim Final Rule, and Updated Guidance,” April 27, 2020
  • “Colorado True Lender Litigation Settles: Blazes Trail for Industry,” August 19, 2020
  • Strategic Planning Retreats – Making Them Useful
  • Maintaining Eligibility Under Subchapter S, ICBA’S SUBCHAPTER S: THE NEXT GENERATION
  • Tax Allocation Agreements
  • Banking Cannabis Business
  • Criminal Restitution: An Opportunity for Recovery or How to Make Them Pay
  • Strategic Planning Retreats – Making Them Useful, Western Banker
  • Conversions: Is the Grass Greener, The Texas Independent Banker, Vol. 20, Issue 5
  • Presentations Reveal 2017 Regulatory Concerns
  • 2016 M&A Year in Review for Bank Mergers
  • The CFPB’s Arbitration Rule: A Summary of the Rule, its Requirements, Potential Legal Challenges, and What Companies Should Do
  • Will the Subprime Flu Enhance Community-Bank Prospects?, The Wyoming Banker
  • The Small Business Lending Fund Act
  • Directors and the Duty of Confidentiality, Executive Legal Adviser
  • Third-Party Risk and Consultants
  • Subordinated Debt – A Replacement for Trust Preferred Securities?
  • The Changing Rule Book: The Federal Reserve Upped Its Requirement for Insiders
  • Uproar Over Money Services Businesses, The Arkansas Community Banker
  • FDIC Improvement Act of 1991: Part I, The Texas Independent Banker, Vol. 19, Issue 2
  • Too Much Darn Guidance
  • Subordinated Debt – More Than Just Capital
  • Family Limited Partnerships Can Reduce Estate Taxes, Oklahoma Banker
  • BSA Developments Continue to Raise Challenges, The Wyoming Banker
  • Avoid Double Taxation: Community Banks Can Keep More Earnings with Subchapter S Taxation, Independent Banker, 46 and 47
  • Structuring a Problem Bank Acquisition to Enhance Tax Benefits
  • Regulatory Issues in Banking Cannabis Business, ICBA’s Certification News
  • Regulators Use Bank Legal Violations to Obtain Wide-ranging Administrative Actions, BNA's Banking Report, 138-142
  • Update: The Small Business Lending Program
  • Adjusting to Regulators' Enforcement Mindset, American Banker
  • Small Business Lending Fund: Points for Subchapter S Corporations to Consider, ICBA's SUBCHAPTER S: THE NEXT GENERATION Newsletter
  • Enhanced Regulatory Focus on Compliance Penalties, Wyoming Bankers Association
  • Has Bank Holding Company Status Outlived Its Usefulness?,
  • Sale of Bank Mortgage Servicing Rights
  • Treasury Releases Sub S Term Sheet for Small Business Lending Fund
  • Bank Service Corporations: A New Twist on an Old Idea
  • New York Action May Mean Significant Changes in Use of Consultants, MIBA’s Compliance Corner
  • Maintaining Your Bank's Eligibility Under Subchapter S Corporation Tax Rules; Letter of the Law, Independent Banker
  • “The CARES Act: Temporary Help for Community Banks,” March 29, 2020
  • “S. 2155 and Community Banks,” May 2018
  • FinCEN Expands Customer Due Diligence Requirements, WIB Compliance Digest
  • numerous articles in banking publications, such as American Banker, Directors Quarterly, ICBA's Independent Banker, BNA's Banking Report, Bankers' Magazine and various state publications
  • Federal Reserve Requires Banks to Implement New Overdraft Procedures and Related Disclosures, Electronic Banking Law & Commerce, Volume 14, Issue 8
  • “Federal Reserve Releases Updated, Detailed Terms of Main Street Lending Program,” June 11, 2020
  • “Employee Retention Credit,” August 21, 2020
  • “Appraisals During COVID-19,” April 21, 2020
  • “The Paycheck Protection Program Liquidity Facility,” May 11, 2020
  • Banking Developments
  • “15 COVID-19 Steps for Financial Institutions to Take Now,” March 20, 2020
  • “Coronavirus: What Bankers Should Consider,” March 5, 2020
  • “The Focus Shifts to Funding,”
  • Cynicism in Confronting the Critics, Wyoming Banker
  • “Significant Accounting Deficiencies,” May 24, 2021
  • CFPB Issues Updated Guidance for Residential Mortgage Servicing Transfers and Alerts Servicers of CFPB Review of Servicing Transfers, Real Estate Finance Journal
  • IT Agreements Are Not Just Forms, The Wyoming Banker
  • ACH: Compliance Burden or Revenue Opportunity?, In Touch – Community Bankers Association of Kansas

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