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  • Article

    FDIC Employs Innovative Approaches as Failures Hit Triple Digits and Counting

    In their latest article focusing on bank failures in the aftermath of the recent financial turmoil, Tom Vartanian and Larry Nesbitt describe a number of innovative deal structures that the FDIC has been using to resolve the increasing rate of bank failures.
    United StatesFinance and Banking
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    The Regulatory Reconstruction Revolution: Financial Redemption Or An Answer In Search Of A Question?

    In an article just published in "TheDeal.com" entitled "Regulatory Reconstruction Revolution," Tom Vartanian discusses several flaws in the current legislation on financial institution regulatory restructuring based on his more than 30 years of experience, including his years as a bank and thrift regulator when he was involved in the seizure and resolution of over 400 banks.
    United StatesFinance and Banking
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    2009 Developments In FDIC Failed Bank Resolutions

    In a review published by the American Bar Association Business Law Committee in November 2009, Tom Vartanian and Gordon Miller discuss the continuing efforts of the Federal Deposit Insurance Corporation (FDIC) to innovate in its receivership operations.
    United StatesFinance and Banking
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Capital And Control: Two Sides Of The Same Coin For Community Banks

    Thomas P. Vartanian, Chairman of the Firm’s Financial Institutions Transactions Group, and Gordon L. Miller, Washington Special Counsel in the FIT Group, have authored an article in the March 2010 issue of Community Banker, the monthly publication of the American Bankers Association, entitled Capital and Control: Two Sides of the Same Coin for Community Banks.
    United StatesFinance and Banking
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    SEC Announces First Whistleblower Award

    There is now objective proof that, for whistleblowers seeking substantial bounties for reporting alleged corporate fraud, the False Claims Act is not the only game in town.
    United StatesCriminal Law
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    2007 Financial Institutions Litigation Update

    The inaugural 2007 report focuses on the ability of federally chartered institutions and their subsidiaries to rely on federal preemption to defeat the enforcement of state laws against them.
    United StatesLitigation, Mediation & Arbitration
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Seventh Circuit Outlines Merger Discussion and Due Diligence Safeguards to Protect Against Antitrust Violations

    Parties contemplating a merger must often discuss and exchange critical business information as part of their due diligence activities, even when they are direct competitors.
    United StatesAntitrust/Competition Law
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Changes To The Private Offering Market: SEC Eliminates Prohibition On General Solicitation, Disqualifies Bad Actors, And Proposes New Rules

    The Securities and Exchange Commission recently adopted two important rule amendments that significantly impact the private securities offering market.
    United StatesCorporate/Commercial Law
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Bank Enforcement, Failure And Rescue Trends In 2008: The Regulatory Rubber Meets The Economic Road

    Dramatic financial and economic events occurred in the last six months of 2008 that may fundamentally reshape the way the financial services industry operates and how it is regulated.
    United StatesFinance and Banking
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Civil False Claims Act: House Amendments To The False Claims Act In S. 386 Win Approval By The Senate

    Last night, by unanimous consent, the Senate agreed to the version of S. 386 that was passed by the House of Representatives last week.
    United StatesFinance and Banking
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    SEC Staff To Release Filing Review Correspondence Earlier

    On December 1, the staff of the SEC announced that, effective January 1, 2012, it will begin releasing through the EDGAR system comment letters and response letters relating to disclosure filings reviewed by the Divisions of Corporation Finance and Investment Management no earlier than 20 business days following the completion of a filing review.
    United StatesFinance and Banking
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Civil False Claims Act: False Claims Act Amendments In S. 386 Pass Both Houses Of Congress And Are Sent To The President For His Signature

    Last night, the House of Representatives suspended the rules and agreed to the amendment to S. 386, the Fraud Enforcement and Recovery Act of 2009 ("FERA"), that the Senate made when it voted last week to accept the House amendments to the bill.
    United StatesGovernment, Public Sector
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Carried Interest Provisions And Foreign Account Tax Compliance Act Proposed As Offsets For Extenders Bill

    Yesterday, Representative Rangel of New York introduced the "Tax Extenders Act of 2009" (the "Bill") in the House. The Bill would extend through the end of 2010 more than forty tax relief provisions that are scheduled to expire at the end of 2009.
    United StatesTax
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    IRS Offers Relief For Filing 2008 FBARs

    We previously advised about significant uncertainties that exist with respect to the recently revised Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts and related instructions (the FBAR) (most significantly, with regard to whether U.S. persons who hold interests in offshore hedge funds or offshore private equity funds are required to file FBARs with respect to such interests).
    United StatesTax
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    2009 Bank Enforcement Actions Pass the 1000 Mark for the First Time

    In their latest semi-annual article analyzing federal bank enforcement actions, Tom Vartanian and Larry Nesbitt describe how the recent financial turmoil has resulted in an unprecedented surge in the number of enforcement actions taken in 2009.
    United StatesFinance and Banking
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Enforcement Actions Against Banks Exceeded 1000 For First Time In 2009

    In their latest semi-annual article analyzing federal bank enforcement actions, Tom Vartanian and Larry Nesbitt describe how the recent financial turmoil has resulted in an unprecedented surge in the number of enforcement actions taken in 2009.
    United StatesFinance and Banking
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Bank Enforcement Trends: Enforcement Lags Crisis But Highlights Ongoing Problems

    In a recent article, Tom Vartanian and Larry Nesbitt reported on a significant increase in the number of federal banking agency enforcement actions as well as bank and thrift failures during the first six months of 2009.
    United StatesCorporate/Commercial Law
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    New Dynamics For Troubled Institutions

    The fallout from the subprime mortgage market meltdown and associated financial dislocations is raising the potential for a renewed surge of FDIC receivership activity.
    United StatesCorporate/Commercial Law
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Financial Institution Watch: Reflections On The Treasury´s Financial Services Reform Proposal

    In a recent article in The DailyDeal.com, Tom Vartanian and Bob Schwenkel focus on a key element of the Treasury's recent proposal to overhaul the regulatory structure of financial firms: potential regulation of broker-dealers, private equity funds, hedge funds and various other investment vehicles and funds.
    United StatesFinance and Banking
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    CIVIL FALSE CLAIMS ACT: ABA Holds Ninth National Institute On The Civil False Claims Act And "Qui Tam" Enforcement June 6-8

    The American Bar Association is presenting the Ninth National Institute on the Civil False Claims Act and "Qui Tam" Enforcement.
    United StatesCriminal Law
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson

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