Bryan Cave Leighton Paisner Banking Blog

Bank BCLP

Georgia

Main Content

The Football Fan’s Guide to M&A Transactions

September 20, 2018

Authors

Jonathan Hightower

The Football Fan’s Guide to M&A Transactions

September 20, 2018

by: Jonathan Hightower

With both college and professional (not to mention fantasy) football in full swing, we find many conversations with clients drifting to topics from the gridiron at this time of year.  Given that many of us are devoting a significant amount of our personal time to following our favorite teams, many times business points are best illustrated at this time of year by using football

Read More

Changes in Georgia’s Law on Director Duties

June 30, 2017

Authors

Michael Carey

Changes in Georgia’s Law on Director Duties

June 30, 2017

by: Michael Carey

On July 1, 2017, significant amendments to the director and officer liability provisions of Georgia’s Financial Institution Code and Business Corporation Code will take effect.  These amendments, adopted as House Bill 192 during the 2017 General Assembly session and signed into law by Governor Deal in May, enhance the protections available to directors and officers of Georgia banks when they are sued for violating their duty of care to the bank.  The amendments also apply to directors and officers of Georgia corporations,

Read More

Georgia Supreme Court Weighs in On Guarantor Liability for Deficiencies

May 9, 2017

Authors

Mica Germain and Jay Latzak

Georgia Supreme Court Weighs in On Guarantor Liability for Deficiencies

May 9, 2017

by: Mica Germain and Jay Latzak

On April 17, 2017, the Supreme Court of Georgia made yet another critical decision in a line of cases which together, create the framework for a guarantor’s liability for a deficiency after a foreclosure has been conducted. The case styled York et al. v. Res-GA LJY, LLC came before the Supreme Court in consideration of the questions of (i) the extent and limitations of guarantor waiver of rights under O.C.G.A. §44-14-161; and (ii)  whether a creditor may pursue a guarantor for a deficiency after judicial denial of confirmation of a foreclosure sale.

Read More

Analysis of FDIC v. Loudermilk Decision

April 25, 2017

Authors

Michael Carey

Analysis of FDIC v. Loudermilk Decision

April 25, 2017

by: Michael Carey

The FDIC’s lawsuit against former directors and officers of the failed Buckhead Community Bank, one of the most closely watched Georgia corporate governance cases in years, went to trial in October, 2016.  The jury returned a verdict of nearly $5 million against the defendants for their role in the approval of four large commercial development loans that later defaulted.  FDIC v. Loudermilk, No.

Read More

Bank Website ADA Litigation Update

April 4, 2017

Authors

Merrit Jones

Bank Website ADA Litigation Update

April 4, 2017

by: Merrit Jones

Court Dismisses Website Accessibility Case as Violating Due Process, Since DOJ Still Has Not Issued Regulations

Recent court decisions from California and Florida may provide ammunition to retailers battling claims that their websites and mobile applications are inaccessible in violation of Title III of the Americans With Disabilities Act (the “ADA”). As we reported in a previous blog post, banks

Read More

Georgia on my Mind: Changes in Banking Laws

March 29, 2017

Authors

Robert Klingler

Georgia on my Mind: Changes in Banking Laws

March 29, 2017

by: Robert Klingler

the-bank-accountthe-bank-accountOn March 28, 2017, Jonathan and I sat down with Bryan Cave Colleagues Ken Achenbach and Crystal Homa in the latest episode of The Bank Account for a discussion focused on legislative changes in Georgia affecting banks, including modifications to Georgia’s business judgement rule and the Department of Banking & Finance’s Housekeeping Bill.

While the bills we discuss await the Governor’s signature (and subsequent effectiveness – July 1 for the business judgement

Read More

Parents, not Banks, Should Aim For Empty Nests

March 2, 2017

Authors

Crystal Homa

Parents, not Banks, Should Aim For Empty Nests

March 2, 2017

by: Crystal Homa

I recently happened to find myself among a group of young professionals who had grown up in the same rural area of Georgia, but had dispersed to not only different parts of the state, but also different parts of the country and even at times, the world. At some point in the evening, it became the topic of conversation that one of

Read More

Reduce Potential ADA Liability by Making ATMs and Websites Accessible

October 25, 2016

Authors

Merrit Jones and Marcy Bergman

Reduce Potential ADA Liability by Making ATMs and Websites Accessible

October 25, 2016

by: Merrit Jones and Marcy Bergman

Banks and credit unions are among the most recent targets of a wave of demand letters and lawsuits alleging violation of the Americans With Disabilities Act of 1990 (the “ADA”). The most common allegations concern inaccessible ATMs and websites, despite the fact that the ADA and its implementing regulations do not yet address website accessibility.

Title III of the ADA prohibits discrimination against individuals “on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation,” 42 U.S.C. § 12182(a), which includes banks and credit

Read More

Pointers for Bank Recipients of Demand Letters Asserting ADA Non-Compliance

October 18, 2016

Authors

Jerry Blanchard and Dan Wheeler

Pointers for Bank Recipients of Demand Letters Asserting ADA Non-Compliance

October 18, 2016

by: Jerry Blanchard and Dan Wheeler

Community banks have recently been on the receiving end of demand letters from plaintiffs law firms alleging that the banks’ websites are in violation of the Americans With Disabilities Act of 1990 (the “ADA”).  Interestingly, there are currently no specific federal standards for websites under the ADA. The Department of Justice (“DOJ”) is in the process of developing regulations for website accessibility, but has announced it will not finalize these regulations until 2018 at the earliest. Even so, the DOJ has emphasized that businesses should make websites accessible to the disabled. While the regulations are being developed, many businesses have been applying

Read More

Survey of 2015 Georgia Corporate Case Law Developments

March 31, 2016

Authors

Bryan Cave Leighton Paisner

Survey of 2015 Georgia Corporate Case Law Developments

March 31, 2016

by: Bryan Cave Leighton Paisner

The annual survey of decisions by state and federal courts during 2015 addressing Georgia corporate and business organization issues is now available.

This survey covers the legal principles governing Georgia businesses, their management and ownership. It catalogs decisions ruling on issues of corporate, limited liability company and partnership law, as well as transactions and litigation issues involving those entities, their governance and investments in them.

In 2015, there were a number of noteworthy decisions spanning a wide variety of corporate and business law issues. There were two significant decisions involving directors of corporations who simultaneously serve as trustees

Read More
The attorneys of Bryan Cave LLP make this site available to you only for the educational purposes of imparting general information and a general understanding of the law. This site does not offer specific legal advice. Your use of this site does not create an attorney-client relationship between you and Bryan Cave LLP or any of its attorneys. Do not use this site as a substitute for specific legal advice from a licensed attorney. Much of the information on this site is based upon preliminary discussions in the absence of definitive advice or policy statements and therefore may change as soon as more definitive advice is available. Please review our full disclaimer.