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Searching for Articles by Matthew D. Rowe
Matthew D. Rowe
Director
Attorney
Wausau Office
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Found 2 Results.

Ruder Ware Launches Banking and Financial Matters blog

Posted on May 13, 2014, Authored by Matthew D. Rowe, Filed under Banking and Financial Matters

Ruder Ware is launching a new blog, Ruder Ware Banking & Financial Matters, which will have posts prepared by members of Ruder Ware's Banking & Financial Institutions Focus Team. Our attorneys handle a wide variety of matters for banks and other financial institution clients, and we plan to publish legal updates focused on the issues most relevant to these clients. We understand how easy it is to be inundated by news these days, so we plan to sort through the information that we believe will have a direct impact on our banking and financial institution clients and post articles that are both timely and relevant. Like many bloggers, we may even try to have some fun while we're at it. For those of you who may not be familiar Ruder Ware, our Banking & Financial Institutions Focus Team is comprised of attorneys who work extensively with banks and other financial institution clients in a variety of areas, including the following: Negotiating secured and unsecured financing transactions on behalf of commercial lenders, including transactions involving syndicate lending and agency relationships Drafting loan and credit agreements, security agreements, mortgages, and other collateral instruments; notes, intercreditor and subordination agreements; participation agreements; and collateral agency and collateral trust agreements Representing state and national banks and bank holding companies, as well as other financial institutions, before state and federal bank regulators to obtain regulatory approval for branch expansion and in connection with other regulatory issues Handling bank and bank holding company formations, acquisitions, and sales, as well as bank and bank holding company merger and other change-of-control transactions Counseling financial institution clients regarding new facility development and related matters requiring regulatory approval Assisting financial institution clients with developing loan underwriting policies and loan documentation policies to comply with safe and sound banking practices mandated by state and federal bank regulators Providing legal advice to financial institution clients regarding capital infusion transactions, as well as structuring and implementing shareholder buyouts Drafting and obtaining regulatory approval for voting trust agreements and shareholder agreements involving financial institutions Negotiating and documenting bank holding company loans Providing regulatory interaction with and representation before the Federal Deposit Insurance Corporation, Federal Reserve Board of Governors, Office of the Comptroller of the Currency, and the Wisconsin Department of Financial Institutions Addressing employment and employee benefit issues affecting financial institutions, including executive employment and noncompete agreements and nonqualified deferred compensation programs Representing secured and unsecured lenders and other creditors in Chapter 7, Chapter 11, and other bankruptcy court proceedings as well as in prepetition negotiations and other types of insolvency proceedings Representing creditors' committees and handling assignments for the benefit of creditors Advising lenders with respect to workouts and restructurings outside of bankruptcy We hope you enjoy Ruder Ware's Banking & Financial Matters Blog, and we welcome your feedback and topic ideas.

Cybersecurity Risk: Latest Guidance from Bank Examiners

Posted on December 1, 2016, Authored by Matthew D. Rowe, Filed under Banking and Financial Matters

The Office of the Comptroller of the Currency has indicated in a recent bulletin that its examiners will gradually incorporate a Cybersecurity Assessment Tool into its examinations of national banks and other institutions under its regulatory purview.  At the same time, the Federal Deposit Insurance Corporation issued a Financial Institution Letter informing banks of a Frequently Asked Questions document relating to the Cybersecurity Assessment Tool, which was recently issued by the Federal Financial Institutions Examination Council (FFIEC).  While use of the Cybersecurity Assessment Tool is optional for banks, the recently-issued guidance makes clear that bank examiners will have an increasing level of focus on cybersecurity at banks of all sizes. The Cybersecurity Assessment Tool was issued in June 2015, and, in its overview for chief executive officers and board members, the FFIEC indicated that boards of directors and bank management teams may want to consider, among other things, taking the following steps to address cybersecurity risk at their institution: Developing a plan to conduct a cybersecurity risk assessment using the Cybersecurity Risk Assessment Tool Establishing a target state of cybersecurity preparedness that best aligns to the board of directors’ approved risk appetite for the institution Approving plans to address any cybersecurity risk management and control weaknesses Implementing changes to ensure that the institution has achieved its desired level of cybersecurity preparedness Monitoring cybersecurity risk on an ongoing basis. In its Frequently Asked Questions document, released in October 2016, the FFIEC addressed a number of issues that had been raised by bankers and other interested parties relating to the Cybersecurity Assessment Tool.  The FAQs make clear that use of the Cybersecurity Assessment Tool is voluntary, and that an institution’s management may choose to use the Tool or another risk assessment process to identify inherent risk and evaluate cybersecurity preparedness.  That said, the FAQ’s summarize a number of benefits that an institution might see from using the tool, including the identification of factors contributing to the institution’s overall cyber risk and providing a framework for determining whether or not the institution’s cybersecurity preparedness is aligned with its inherent risk. As is often the case with regulatory guidance like this, bank management teams may want to give strong consideration to using the Cybersecurity Assessment Tool as a means of evaluating cybersecurity risk at their institutions, particularly in an environment where it appears there will be both an increasing level of regulatory scrutiny in this area and, given the continued influence and use of technology, an increasing level of cybersecurity threats.