A Debrief on SVB plus Legal Takeaways for the Future

Kimberly W. Klayman | Ballard Spahr LLP

Kimberly W. Klayman has broad experience representing privately held emerging companies, as well as venture capital, private equity funds, family offices and corporate venture groups that invest in high growth companies. She works with companies through the entire corporate life cycle, including pre-formation and general corporate counseling, venture capital financings, and mergers and acquisitions. Kimberly also counsels investors and platform companies in strategic acquisitions of high growth companies.

[email protected]

Scott Coleman | Ballard Spahr LLP

For 30 years, Scott Coleman has represented banks and bank holding companies in connection with mergers, stock purchase transactions, branch purchase and assumption transactions, capital raising, corporate restructuring, branching, non- bank acquisitions, changes in bank control, and charter conversions. He has also represented organizers seeking to form bank holding-companies, apply for deposit insurance, and charter new depository institutions. Scott has significant experience in a wide range of regulatory matters, including Reg O, Reg W, Reg Y, interstate banking, and branching, lending limits, Basel III, and regulatory capital guidelines. He also represents bank stock lenders and subordinated debt purchasers.

[email protected]

I. What Happened at SVB | 11:00am – 11:20am

• Overview of SVB collapse and government response – Scott Coleman
  • Why did SVB collapse?
  • Scope of FDIC Insurance
  • Effect of government response
• A depositor/customer’s perspective –Kim Klayman
  • Initial reactions to the news
  • Employment law risks
  • Protecting raised capital
  • Assuring investors
• Rights of others – Scott Coleman
  • Vendors, Landlords, Qualified Financial Contracts and general creditors
  • Use of a bridge bank
  • Asset sales/loss share and retained assets
• How does the failure affect borrowers – Kim Klayman
  • Who now is the lender?
  • Will my relationship change?

II. What Were the After Effects | 11:20am- 11:40am

• An Update on the Banking Industry – Scott Coleman
• Government investigations  – Kim Klayman
• An Update on ECVC Trends – Kim Klayman

III. What Can I Do Going Forward to Mitigate Risk | 11:40am – 12:00pm

• General guidance on navigating these risks moving forward – Scott Coleman and Kim Klayman