Session Presenters

Scott Brown

Partner

Luse Gorman, PC

Larry Spaccasi

Partner

Luse Gorman, PC

Breakout 1: Creative Solutions for Addressing Deal Certainty in Uncertain Times

This session focuses on the current regulatory climate concerning M&A, emphasizing changing regulatory standards for approval of transactions, hot-button issues and potential regulatory threats to the successful and timely completion of a transaction. It also discusses the proliferation of more unique or creative solutions employed in the recent M&A context (including by credit unions and investor groups) and the attendant regulatory and diligence issues they raise. The session provides examples of recent unique and non-traditional transactions and features as well as merger agreement provisions that can (and should) be considered when engaging with these non-traditional purchasers to better protect the seller. With the increased regulatory scrutiny of merger transactions, this session explores ways to optimize the diligence process, including balancing a party’s need to ascertain an entity’s regulatory standing while continuing to fulfill its obligations about the treatment of confidential supervisory information.

Session Resources

  • Session Presentation
  • Proposed Legislation Expands Enforcement Authority Against Bank Officers, Directors