News and Resources

FDIC Exceeded its Enforcement Authority with Temporary Cease-and-Desist Order

Jeremiah S. Buckley & Liana R. Prieto

July 8, 2010

In a rare challenge to the FDIC, a bank sued to prevent enforcement of a temporary cease-and-desist order seeking to halt its voluntary liquidation. Jerry Buckley and Liana Prieto's commentary reviews Advanta Bank v. FDIC, 684 F.Supp.2d 17 (D.D.C. 2010) (2010 U.S. Dist. LEXIS 16415), including the infrequency of challenges to FDIC enforcement authority, standards under which the FDIC may issue temporary cease-and-desist orders, and implications for future use of temporary cease-and-desist orders.

To see this Emerging Issues Analysis, please see 2010 Emerging Issues 5154 (July 1, 2010). Non-Lexis subscribers may email info@buckleysandler.com for a copy of the document.


Published by Corporate Law Emerging Issues Analysis, LexisNexis Communities
Copyright 2010, Matthew Bender & Company, Inc., a member of the LexisNexis Group.