The FDIC is currently seeking comments on proposed changes to its Guidelines for Appeals of Material Supervisory Determinations. The suggested revisions, if adopted, would make the Guidelines similar to those presently utilized by the OCC.

In this legal update, we provide an overview of the proposed revisions and explain how they fail to adequately address one of the most troubling aspects of the FDIC’s policy - namely, its practice of foreclosing an institution’s access to the appeal process on the basis that the subject of the appeal “relates” to a speculative formal enforcement action. Read the full update here. 

This update was also published as an "Expert Analysis" in Law360 under the title, "FDIC Plan To Improve Appeal Process Doesn't Go Far Enough."