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How to Advise Clients Considering a Contractual Relationship With a Failing Bank - What Banking Lawyers Need to Know About FDIC Contract Repudiation and Strategies to Help Protect Your Clients' Interests

ExecSense, June 2010, Minutes: 60


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In How to Advise Clients Considering a Contractual Relationship with a Failing Bank, ExecSense examines all of the legal, practical, financial, and tactical issues that banking lawyers need to know about before advising clients who are considering entering into a contract with a bank that may be in financial distress. Take the 60 minutes to view this webinar (on your computer, mobile phone, iPod or printed out) to make sure you are up-to-date on the latest legal developments involving the FDIC’s contract repudiation power and claims process and learn best practices for advising clients on what steps they can take to proactively mitigate the risks associated with entering into a contractual relationship with a failing bank.
Upon ordering, ExecSense will email you a link to download the webinar files for viewing on your computer, mobile phone, iPod, iPad, Kindle or printed out. The downloaded files will include the PowerPoint presentation, audio narration and jpeg images of the slides (for watching on your mobile media device). Take advantage of your next commute, flight, business trip, lunch, or free hour in your schedule to view this webinar.

The webinar is led by an expert on the FDIC’s contract repudiation power and strategies for parties entering into contracts with banks in financial distress, Joshua Glazov (Principal, Much Shelist), and focuses on:

- Everything you need to know in 60 minutes before advising clients who are considering entering into a contract with a potentially failing bank

- Comprehensive discussion of the FDIC’s unilateral power as receiver to repudiate contracts entered into by the failed depository institution under the Federal Deposit Insurance Act, the claims process for filing claims against the receivership estate for damages suffered as a result of contract repudiation, the latest legal developments and case law relating to the FDIC’s repudiation power and claims process, and real-world examples of how it all works

- Best practices for advising clients that are considering entering into a contractual relationship with a bank that is rumored to be in financial trouble, including how to investigate the bank’s financial situation, how to structure your deal so that your client’s risk is distributed across multiple banks (through a syndicated loan commitment, letter of credit with a “confirming bank,” or other risk-diversifying option), and how to structure your contract in a way that diminishes the FDIC’s motivation to later repudiate the contract

- The 10 questions you need to be ready to answer from clients who are considering entering into a contract with a failing bank about what risks they face if the bank fails and what steps they can take to protect their interests if they go through with the deal

- Case studies of other banking lawyers who have had success helping clients mitigate the financial risks of entering into a contract with a failing bank, and important lessons learned

Praise for ExecSense Webinars:

'An expeditious way to obtain authoritative current information and ideas on a subject of interest.' - David Kera, Partner, Oblon Spivak

'Just in time information to improve knowledge of current topics and trends.” - Thomas M. Armstrong, Attorney, Reid and Riege

“Well organized, well articulated, and easy to follow. The ExecSense webinar I attended was the best virtual learning experience I've had in quite some time.” - Brian K. Moore, HR Communications, Humana



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