Fiduciary Duty, Banks, Board of Directors

Director & Officer Duties: What Every Leader Should Know

Offit Kurman on 4/30/2025

Earlier this year, the FDIC, acting as receiver for Silicon Valley Bank (“SVB”), filed a breach of fiduciary duty lawsuit against six officers and eleven directors of the bank. The FDIC alleged that these individuals ignored...more

Bank Officer and Director Enforcement Exposures In the Wake of Silicon Valley Bank

Goodwin on 4/10/2023

The recent and sudden failures of Silicon Valley Bank and Signature Bank, and the threat of other bank failures, have led to intense public focus on what caused these banks to run into trouble, who is to blame, and what...more

Federal Reserve Finalizes Rule Updating Controlling Influence Framework

White & Case LLP on 2/18/2020

On January 30, the Federal Reserve released a highly anticipated final rule that substantially updates and clarifies the agency's regulatory framework for determining when an investor exercises a controlling influence over a...more

A Lesson On Good Corporate Governance?

Amundsen Davis LLC on 10/3/2018

While on its face, a recent decision from the United States Court of Appeals for the 7th Circuit discusses what is not included in the duties of an officer, one can glean from the decision the importance that a Board of...more

Directors Fail To Escape Liability For Approving Dividend

Allen Matkins on 2/12/2018

I last wrote about FDIC v. Ching, 2014 U.S. Dist. LEXIS 92687 (E.D. Cal. July 8, 2014) in July of 2014. That post concerned Judge Kimberly J. Mueller's ruling that California's statutory restrictions on distributions to...more

Dealing with an Unsolicited Offer - The Bank Account

BCLP on 9/5/2017

On today's episode Jonathan Hightower and Rob Klingler discuss how to handle unsolicited offers for your bank....more