Pryor Cashman Partners Dustin N. Nofziger, Pinchus D. Raice, and David Abramowicz co-authored the article, “The Federal Deposit Insurance Corporation Significantly Revises Intra-Agency Appeals Guidelines by Instituting an Independent, Standalone Office of Supervisory Appeals,” published in the June 2026 edition of The Banking Law Journal.

The article examines the FDIC’s newly adopted 2026 Guidelines for Appeals of Material Supervisory Determinations and highlights how the revised framework expands and strengthens supervisory appeal rights for insured depository institutions.

Dustin, Pinchus, and David explain that the reforms establish a new independent Office of Supervisory Appeals, staffed by officials who are not otherwise employed by the FDIC, thereby providing institutions with a more impartial review process. They also discuss how the Guidelines broaden the categories of appealable determinations, increase transparency in the appeals process, and require reviewing panels to apply a non-deferential standard of review.

In addition, the article highlights the FDIC’s clarification that institutions may share confidential supervisory information (“CSI”) with outside counsel in connection with appeals without prior FDIC approval, a significant shift from the agency’s prior position.

The authors conclude that the new Guidelines create a more favorable environment for institutions challenging adverse supervisory determinations. They recommend that institutions engage counsel early and develop comprehensive appeal records to maximize their chances of success.

Read the full article using the link above.