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Distressed Bank Restructurings
Over the past decade, the landscape for struggling distressed financial institutions has evolved, but has not changed dramatically. To put it in perspective, in 2005-2006, there were essentially no bank failures. At its peak, however, as the economic crisis matured in 2010, there were 157 bank failures. That same year, the FDIC's confidential “problem” institution list (that identifies banks that demonstrate weaknesses that threaten their financial viability) mirrored the rise in bank failures, and spiked at 884 financial institutions.
Since 2010, the number of actual bank failures has declined from the high of 157 in 2010, to 92 in 2011 and 51 in 2012. However, in 2013, the FDIC's “watch list” of troubled lending institutions remains at a historical level, at nearly 700 (or 10% of the country's 7181 chartered banks) ' extraordinary when compared with the prior decade when the list never rose to more than 150 troubled institutions attracting the FDIC's attention. Although actual failures appear to have declined, the FDIC's list of nearly 700 “problem” banks reveals that the problem of inadequate bank capitalization and the need for restructuring remains strong.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.