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About Jeannie Osborne

Contact at or jeannie.osborne@bryancave.com.

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Media Mentions – August 20, 2010

With attorneys and staff worldwide, Bryan Cave attorneys often make the news. Sometimes media mentions highlight the firm’s involvement with notable clients, sometimes the individual accomplishments of attorneys and staff. Recent media mentions of attorneys in the financial institutions practice include:

Klingler in American Banker

Atlanta Associate Robert Klingler was quoted Aug. 4 by American Banker regarding the charges against Rep. Maxine Waters, and whether those charges might be of use to banks denied TARP funds. An ethics panel report alleges Waters may have broken rules when she helped a trade group arrange a meeting between then-Treasury Secretary Henry Paulson and executives of OneUnited Bank, an institution with financial ties to her husband and huge losses from the takeovers of Fannie Mae and Freddie Mac. Klingler said the government had a uniform standard for deciding TARP investments – essentially awarding funds to institutions that could prove their viability – and no one ever expected the system to be perfect. “We understand that the process will sometimes result in wrong outcomes,” he said, adding that those who believe they were treated unfairly could use the Waters investigation for “rhetoric” at best. “I don’t know that it is rhetoric that necessarily the public is happy with. Generally, the public is opposed to TARP. So hearing a bank whine about not getting TARP isn’t going to get the American public riled up.”

Moeling in National, Regional Publications 

Atlanta Partner Walt Moeling was quoted in the August edition of US Banker on the moves being made by community banks to boost their capital ratios. “In this kind of market, the most successful banks that deal with their problems don’t just take one approach, they pull out the playbook,” Moeling said. “My most successful clients have cut expenses, sold branches, consolidated charters, disposed of nonbank activities.” Click here to read the full article. Moeling was quoted Aug. 10 by American Banker (reprinted by Bank Investment Consultant online) concerning a push of stock offerings expected this fall from community banks, particularly via private placements rather than public offerings. Click here to read the article. In addition, he was quoted Aug. 2 in The Atlanta Journal-Constitution regarding JPMorgan Chase & Co., which plans to open 10 new bank branches across the northern metro Atlanta area by the end of the year. Eight currently are under construction. Click here to read the article.

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July 2010 Client Bulletins

President Signs Sweeping Financial Reform Bill:  What our Non-Bank Public Companies Need to Know Now

On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act.  Included in the reform legislation — aimed primarily at the reform of financial institutions – are provisions that will apply to all publicly traded companies, including provisions relating to “say on pay” shareholder votes, proxy access, executive compensation disclosure and compensation committees.  For more information on these and other provisions of the Act, please see the  Bulletin published by the Corporate Finance and Securities and Employee Benefits Client Service Groups on July 22, 2010.   

Private Fund Investment Advisers Registration Act of 2010:  New Law Changes Regulatory Framework for Alternative Investment Managers

On July 21, 2010, President Obama signed into law the financial reform package known as the Dodd-Frank Wall Street Reform and Consumer Protection Act, which contains the Private Fund Investment Advisers Registration Act of 2010 (the “Private Fund Act”).  The Private Fund Act changes the regulatory framework that governs investment advisers managing private fund investments, including private equity funds, hedge funds and certain real estate funds.  For more information on the Private Fund Act, please see the client Alert published by the Alternative Investments Group on July 29, 2010. 

Department of Labor Clarifies FMLA Definition of “Son or Daughter,” Confirming Benefit Eligibility of Non-Traditional Families

Under the Family and Medical Leave Act, eligible employees may take up to 12 weeks of job-protected leave upon the birth of a son or daughter, the placement of a son or daughter for adoption or foster care, or to care for a son or daughter with a serious health condition.  Pursuant to the statute, the term “son or daughter” not only includes children with whom a parent has a biological or legal relationship, but the children of individuals standing “in the place of a parent.”  For more information on the clarification of the definition of the term “son or daughter”, please see the client Alert published by the Labor & Employment Client Service Group on July 19, 2010.

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Media Mentions

With attorneys and staff worldwide, Bryan Cave attorneys often make the news.  Recent media mentions include Walt Moeling of the Financial Institutions practice group:

Moeling on WABE Radio, in Atlanta Journal-Constitution

Atlanta Partner Walt Moeling was interviewed July 26 by WABE Radio, the Atlanta NPR affiliate, and was quoted July 22 in The Atlanta Journal-Constitution on the anticipated uptick in Georgia’s bank failures. Moeling said he expects to see two to four failures per month through the end of the year. “If the economy remains stable, it’s one answer,” he told the Journal-Constitution. “If it slumps…borrowers are going to give up [paying their loans] quickly, and that will boost the number.” Thirty-nine banks have failed in Georgia since August 2008 – the most for any state. Click here to read the full Journal-Constitution article.

June 2010 Client Bulletins

Regulations Issued on Preexisting Condition Exclusions, Annual and Lifetime Limits, Rescissions and Patient Protections under Health Care Reform

On June 22, 2010, the Departments of Labor, Treasury and Health & Human Services issued regulatory guidance under the Patient Protection and Affordable Care Act regarding prohibitions on preexisting condition exclusions, annual and lifetime limits and rescissions, as well as guidance regarding certain patient protections.  These rules are generally effective for plan years beginning on or after September 23, 2010 (January 1, 2011 for calendar year plans).  For more information on the rules, please see the Bulletin published by the Employee Benefits & Executive Compensation Client Service Group on June 30, 2010.

Grandfathered Plan Regulations Provide Vital Compliance Information for Employer-Sponsored Health Plans

On June 14, 2010, the Departments of Labor, Treasury and Health &  Human Services issued much-anticipated guidance on how a group health plan maintains or loses its status as a grandfathered plan under the Patient Protection and Affordable Care Act.  A grandfathered plan is generally one that was in effect on March 23, 2010.  Because grandfathered plans are exempt from many of the Act’s requirements, maintaining a plan’s grandfathered status has important plan design and cost implications.  Please read the Employee Benefits & Executive Compensation Group’s Bulletin published June 16, 2010, for more information on the interim final regulations.

Supreme Court Expands Time Period for Filing Title VII Disparate Impact Charges

In Lewis v. City of Chicago, the US Supreme Court ruled that the period in which to file an EEOC charge alleging that an employment practice has a disparate impact commences anew whenever that practice is applied, not when that practice was first adopted.  The Lewis decision sharpens the dilemma created by last summer’s Ricci v. DeStefano decision, which held that an employer’s changing an employment practice based on its fear of possible disparate impact claims could be a basis for disparate treatment claims.  For more information on the decision, please see the Labor & Employment Group’s client Alert published June 1, 2010.

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Media Mentions – July 2, 2010

Recent media mentions of attorneys in Bryan Cave’s financial institutions practice include:

Atkinson in Virginian-Pilot
Charlotte Partner B.T. Atkinson was quoted June 7 by The Virginian-Pilot in Norfolk, Va., concerning private-equity firms that are investing in troubled banks. Hampton Road Bancshares, parent company of Hampton Road Bank and Shore Bank, recently announced that private equity firms will invest in the company. Click here to read the article.

Hester in American Banker
Atlanta Associate Barry Hester was quoted June 10 by American Banker on a controversial provision of the financial reform bill that would tighten capital restrictions on many banks, including those still participating in the government’s TARP bailout program. “It will immediately result in undercapitalization for a number of banks,” Hester said. “It would be like flipping the switch, where banks that are currently OK would suddenly need to raise more capital. It could be a disaster if it isn’t phased in to let people plan ahead.”

Klingler on thestreet.com, bailoutsleuth.com 
Atlanta Associate Robert Klingler was quoted June 4 by thestreet.com regarding bank capital standards. Click here to read the article. He also was quoted that same day by bailoutsleuth.com on the Small Business Lending Fund, which is designed to inject $30 billion into small banks – defined as those with less than $10 billion in assets – with the idea that they will in turn lend money to small businesses. Click here to read the article.

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May 2010 Client Alerts

Senate Adopts Corporate Finance and Executive Compensation Provisions in Financial Reform Bill

On May 27, the Senate released the text of the financial reform bill that was passed the prior week.  The bill, known as the “Restoring American Financial Stability Act of 2010″ or the “Act,” would result in sweeping reforms to the financial industry.  However, it also contains a number of significant provisions that would affect corporate governance and executive compensation at public companies, as well as Regulation D private placements, whistleblowers and beneficial ownership reporting.  This Corporate Finance and Securities Bulletin outlines some of the more important provisions of the Act.

Click here for a complete copy of the Bulletin.

FTC Extends Deadline for Identity Theft Red Flags Rule to December 31, 2010

The Federal Trade Commission announced that it will further delay enforcement of the “Red Flags” Rule through December 31, 2010, while Congress considers legislation that would affect the scope of entities covered by the Rule. The announcement does not affect other federal agencies’ enforcement of the original November 1, 2008 deadline.  As a result, the extension does not apply to banks and other financial institutions that are covered by the Red Flags which were separately issued by the Federal Reserve, FDIC, Treasury Department, or National Credit Union Administration.  This Antitrust, Franchise & Consumer Client Bulletin discusses the announcement.

Click here to read the complete Bulletin.

Agencies Issue Interim Rules on Dependent Health Care Coverage of Children to Age 26

On May 10, the Internal Revenue Service, the Department of Labor and the Department of Health and Human Services jointly issued interim final regulations addressing the provision of dependent coverage of children to age 26 under the Patient Protection and Affordable Care Act, as amended.  

Click here for a copy of the Employee Benefits & Executive Compensation Client Bulletin regarding the new regulations.

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Gift Cards and the Credit Card Act

On April 28, 2010, the Bryan Cave Payments Practice Team presented a webinar on “Gift Cards and Cards that are Not Gift Cards.”  The presentation provides practical guidance on navigating compliance with the gift card provisions of the Credit CARD Act.

Media Mentions – May 7, 2010

With attorneys and staff worldwide, Bryan Cave attorneys often make the news.  Sometimes media mentions highlight the firm’s involvement with notable clients, sometimes the individual accomplishments of attorneys and staff.  Recent media mentions of attorneys in Bryan Cave’s financial institutions practice include:

McAlpin in Atlanta Business Chronicle

Atlanta Partner Jim McAlpin was highlighted, with photo, April 30 in the Atlanta Business Chronicle’s “Power 50″ – the publication’s annual list of the region’s key business leaders. The list includes top managers, directors, CEOs and corporate heads from companies across Atlanta. McAlpin was recognized for his comprehensive experience in corporate and business law.

 Moeling in American Banker, Journal-Constitution, US Banker

Atlanta Partner Walt Moeling was quoted April 29 in American Banker on the U.S. Treasury Department’s decision to allow two banks to convert preferred shares into common equity at a steep discount rather than allow those banks to fail. He was quoted April 28 by The Atlanta Journal-Constitution concerning the fact that federal authorities have opened criminal investigations into a number of bank failures in northern Georgia. Moeling was quoted April 14 by American Banker on how savvy investors who bought failed banks’ assets from the Federal Deposit Insurance Corp. for pennies on the dollar have recovered their money many times over. He also was quoted in the May edition of US Banker on the difficult time community banks have had finding the support they need to regain their financial footing and start making loans again.

April 2010 Client Alerts

IRS Releases Guidance on Tax Treatment of Employer-Provided Health Care Coverage for Children under Age 27.

On April 27 the IRS issued Notice 2010-38 discussing the tax treatment of employer-provided medical care coverage for employees’ adult children up to age 27.  For more information please click here for a copy of the Employee Benefits and Executive Compensation Bulletin which discusses the Patient Protection and Affordable Care Act enacted in late March and outlines the guidance provided in the IRS Notice.

Cobra Premium Subsidy Extended

On April 15 President Obama signed into law H.R. 4851, the Continuing Extension Act of 2010 extending the eligibility period for the COBRA subsidy until May 31, 2010.  For more information, please click here for a copy of the Employee Benefits and Executive Compensation Client Bulletin which provides an overview of the extension provisions and highlights what group health plan sponsors need to know.

Antitrust Agencies Propose New Merger Guidelines

On April 20 the Federal Trade Commission released provisions of the Horizontal Merger Guidelines.  Last updated in 1997, the Proposed Guidelines provide the business community with an overview of how antitrust agencies analyze proposed mergers between competitors.    Click here for a copy of the Antitrust, Franchise & Consumer Law Client Bulletin which outlines the signficant changes proposed to the guidelines.

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Media Mentions – April 26, 2010

With attorneys and staff worldwide, Bryan Cave attorneys often make the news.  Sometimes media mentions highlight the firm’s involvement with notable clients, sometimes the individual accomplishments of attorneys and staff.  Recent media mentions of attorneys in Bryan Cave’s financial institutions practice include:

Blanchard in Atlanta Journal-Constitution
Atlanta Partner Jerry Blanchard was quoted April 8 in The Atlanta Journal-Constitution regarding the stepped-up scrutiny of real estate lenders in economic hard times.
Moeling in Atlanta Journal-Constitution, Business Chronicle
Atlanta Partner Walt Moeling was quoted April 17 by The Atlanta Journal-Constitution on recent bank failures in Georgia mountain communities, and how the boom and bust of the vacation home market hit the Ellijay area. Moeling also was quoted April 2 in the Atlanta Business Chronicle regarding Georgia banks venturing into the stock market.
Rinearson, Strahlberg in Paybefore Update
New York Partner Judith Rinearson and Chicago Associate Margo Hirsch Strahlberg authored an article outlining key aspects of the Federal Reserve Board’s final gift card rules in connection with Title IV of the Credit Card Accountability Responsibility and Disclosure Act (the CARD Act) in the March edition of Paybefore Update. Rinearson, Strahlberg and DC Counsel John ReVeal will present a webinar on this topic from 2 to 3 p.m. EST Wednesday, April 28.