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In the aftermath of the financial crisis, the FDIC has filed lawsuits against directors and officers (D&O) of approximately one-quarter of failed banks. While the number of bank failures has been declining, the number of D&O lawsuits is on the rise. Typical D&O lawsuits allege failure to satisfy duties of loyalty and care and attempt to develop evidence of unsafe and unsound banking practices, poor loan underwriting policies and practices, and/or dishonest conduct and abusive transactions with insiders.
Clients rely on NERA to perform detailed and objective analysis on regulatory, risk management, accounting, and D&O duty issues in the context of bank litigation. Our experts have significant bank supervision and policy-making experience, as well as direct experience working for banking organizations. This background allows for a comprehensive and definitive expert assessment of the reasonableness of bank strategies, lending practices, accounting, and regulatory compliance. Additionally, given NERA's well-established economic, research, and analysis capabilities we are able to comprehensively assess all the potential factors contributing to a given bank's failure, to ensure that D&O decisions are considered in the proper context without hindsight bias.
Name | Title | Location | Phone | |
---|---|---|---|---|
Dr. Patrick Conroy | Senior Managing Director | Miami | +305 341 5025 | patrick.conroy@nera.com |
Dr. Ling Ling Ang | Managing Director |
Washington, DC
Chicago |
+1 202 466 9259
+312 573 2827 |
lingling.ang@nera.com |
Ivelina Velikova | Senior Consultant | New York City | +1 212 345 1160 | ivelina.velikova@nera.com |
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