United Western Bancorp Inc (fka UWBKQ)

[iPrelude]

I agree maxoliver

From BuckleySandler LLP website (http://www.buckleysandler.com/) after searching for "United Western" in their search engine


"Your search for united western returned the following results:

PRACTICES
2
Bank Director & Officer Defense
Troubled Banks
OUR EXPERIENCE
2
United Western Bank v. Office of the Comptroller of the Currency, et al.
In re United Western Bancorp, Inc."




PRACTICES
2
Bank Director & Officer Defense

http://www.buckleysandler.com/practice-detail/bank-director-officer-defense

"Bank Director & Officer Defense
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Bank Directors and Officers are increasingly facing the prospect of personal liability for actions that they took during a more benign economic and regulatory environment. Bank regulatory and other government agencies, including the Department of Justice, Securities and Exchange Commission and state Attorneys General, have become more proactive in investigating possible wrongdoing by bank insiders.

When a bank fails or becomes troubled, bank directors and senior officers face heightened scrutiny and risk. As receiver of a failed bank, the FDIC may sue individual directors and officers civilly for having failed to meet their fiduciary duties. The FDIC also aggressively pursues directors and officers of both failed and open banks for reckless lending and other actions considered unsafe or unsound. Such actions are normally preceded by formal investigations characterized by sworn statements and document subpoenas. Bank directors and officers can face significant civil money penalties, prohibition orders and restitution orders.

BuckleySandler counsels bank directors, bank boards, and bank officers on how to establish a decision-making process that will minimize personal liability, and defends them against enforcement and civil actions filed by banking agencies and other governmental authorities. The defense begins at the time that the director or officer is put on notice by the government agency that it has initiated an investigation or has provided a letter to the insider providing an opportunity to respond to certain allegations. The Firm also advises bank boards and management on how to protect themselves against personal liability through D&O insurance policies, charter and bylaw indemnification provisions, and individual indemnification agreements with individual directors.

Once a bank is at risk of being closed, BuckleySandler will conduct a thorough review of facts and circumstances that might place directors and officers at risk and counsel them as to how to minimize that risk and prepare for potential litigation or enforcement action.

Once a bank is closed, BuckleySandler will assist directors and senior officers in responding to demand letters from the FDIC, prepare for sworn depositions, advance arguments to the FDIC why civil or enforcement action is not warranted, sue to challenge the seizure and if a suit or enforcement action is initiated, defend the client or negotiate a settlement.

BuckleySandler has represented a number of bank directors and officers in a variety of enforcement and civil action matters. Representative experience includes:

Defense of directors of failed banks against threatened civil suits and enforcement actions by the FDIC
Preparation of defense of various directors of troubled banks prior to bank failure
Amicus brief for the American Association of Bank Directors defending the right of directors of failed banks to have access and copies of bank records to defend themselves see. FDIC v. BryanCave
Suit on behalf of former directors of United Western Bank challenging the closing of United Western Bank by the OTS and FDIC
Members of the D&O Defense practice group include former bank regulators and experienced civil and criminal litigators and the Executive Director of the American Association of Bank Directors, a nonprofit trade association representing the interests of bank and savings institution directors."


Troubled Banks

http://www.buckleysandler.com/practice-detail/troubled-banks

"Troubled Banks
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BuckleySandler’s troubled bank practice advises clients on the myriad issues that banks as well as their holding companies, directors, and officers face when a bank experiences threats to its continued operation. This includes banks that have received a composite CAMELS rating of 3 or worse. We have extensive experience counseling such clients on the full range of complex regulatory, transactional, litigation, and personal liability issues that they may confront. BuckleySandler also works closely with investor clients to identify, negotiate, and close on investment opportunities with troubled financial institutions and their regulators.

Directors and Officers
BuckleySandler counsels bank directors, bank boards, and bank officers on how to establish a decision-making process that will minimize personal liability, and defends them against enforcement and civil actions threatened or filed by banking agencies and other governmental authorities. The Firm also advises bank boards and management on how to protect themselves against personal liability through D&O insurance policies, charter and bylaw indemnification provisions, and individual indemnification agreements with individual directors.

If a bank is facing risk of closure, BuckleySandler conducts a thorough review of facts and circumstances that might place directors and officers at risk and counsels them as to how to minimize that risk and prepare for potential litigation or enforcement action.

When a bank is closed, BuckleySandler helps directors and senior officers respond to demand letters from the FDIC, prepares individuals for depositions, advances arguments to the FDIC as to why civil or enforcement action is not warranted, sues to challenge the seizure, and if a suit or enforcement action is initiated by the FDIC, defends the client or negotiates a settlement.

BuckleySandler has represented a number of bank directors and officers in a variety of enforcement and civil action matters. Representative experience includes:

Defense of directors of failed banks against threatened civil suits and enforcement actions by the FDIC
Preparation of defense of directors of various troubled banks prior to bank failure
Amicus brief for the American Association of Bank Directors supporting the right of directors of failed banks to have access and copies of bank records to defend themselves
Suit on behalf of United Western Bank and its holding company, officers, and directors, challenging the closing of United Western Bank by the OTS and FDIC
Members of the Firm’s Troubled Bank practice group include former bank regulators, experienced civil and criminal litigators, and the Executive Director of the American Association of Bank Directors, a nonprofit trade association representing the interests of bank and savings institution directors.

Litigation, Enforcement, and Compliance with Administrative Actions
BuckleySandler represents banks and other financial institutions and their directors and officers in litigation and enforcement matters related to troubled banks. Our attorneys have defended and advocated for clients on matters involving the FDIC, the OCC, the Federal Reserve, the SEC, the U.S. Department of Justice, and other regulatory and enforcement authorities.

Our experience in the troubled bank context includes the following:

Disputes over the findings in reports of examination
Litigation of enforcement actions initiated by federal banking agency in administrative courts
Negotiation of the form and content of an administrative action against a bank or its institution-affiliated parties
Assistance in a bank's efforts to comply with administrative actions
Analysis of D&O and E&O insurance policy issues and making claims
Disputes with the FDIC and other agencies over the ownership of certain assets, including, among others, tax refunds
Lawsuits concerning corporate fiduciary duties and corporate waste
Lawsuits concerning accounting fraud
Defense of institutions and their officers and directors in grand jury investigations
Defense of institutions and their officers and directors in SEC enforcement proceedings
Defense of institutions and their officers and directors in class actions, individual and derivative lawsuits brought by shareholders and other private parties
Lawsuits to remove the FDIC as receiver of the bank
Special Investigations
The need for a bank or its holding company to conduct a special, internal investigation arises in both troubled and healthy bank contexts. However, troubled banks can be more susceptible to the need for a special investigation given the increased risk of bank regulatory actions, shareholder derivative suits, and SEC and Department of Justice investigations.

BuckleySandler's experience in special, internal investigations includes:

Conducting investigations into improprieties of senior and other bank officers
Conducting investigations into matters required by a banking agency in the context of an enforcement action for review by the board of directors and/or its audit committee
Conducting investigations into compliance with consumer laws and regulations
Conducting investigations into compliance with securities laws and regulations
Conducting investigations to ensure compliance with AML/Bank Secrecy Act standards
Bankruptcy Trustee
BuckleySandler represents Chapter 7 trustees of insolvent bank and thrift holding companies in fulfilling their responsibilities to creditors seeking to recover their interests through the Chapter 7 process. We provide trustees with legal advice as special counsel, including:

Conducting or assisting investigations concerning the financial affairs of the debtor holding company and the failure of its underlying bank or thrift
Assessing and litigating claims against insiders and third party advisors of the debtor holding company
Assisting or conducting investigations and litigation of avoidable transfers
Defending or assisting the defense of government enforcement and civil actions naming or otherwise involving the debtor holding company
BuckleySandler, as special counsel, also handles similar matters for Debtors in Chapter 11 proceedings.

Corporate and Transactions
BuckleySandler advises troubled financial institutions and their holding companies on a wide variety of transactions and strategies which, if successful, can help the institution increase capital levels, maintain compliance with capital maintenance requirements, avoid or delay the imposition of regulatory enforcement actions and receivership for the institution, including:

Recapitalization
Through public or private offerings
Issuance of debt or equity securities
Mergers and whole institution sales
Asset and branch sales
Conversion or reduction of outstanding debt instruments or trust preferred securities
Section 363 sale transactions
BuckleySandler also represents prospective investors in troubled institutions, including:

Management groups unable to obtain de novo charters
Bank bidder on the deposits and assets of failed banks
Private equity acquisitions of troubled banks
BuckleySandler’s corporate and transactional practice is characterized by not only proficiency on the transactional analysis and documentation, but also a deep understanding of the regulatory requirements and hurdles applicable to the transaction."


OUR EXPERIENCE
2
United Western Bank v. Office of the Comptroller of the Currency, et al.

http://www.buckleysandler.com/experience-detail/united-western-bank-et-al-v-office-of-thrift-supervision-et-al

"United Western Bank v. Office of the Comptroller of the Currency, et al.
Practice Area(s): Bank Director & Officer Defense, Bank Regulatory, Complex Civil Litigation, Government Enforcement, Litigation
Attorney(s): Sandler, Andrew L.; Buffone, Samuel J; Saul, Benjamin P.; Prieto, Liana R.
Case Date(s): 2011
Court: D.D.C.
Judge: Jackson, Amy Berman
State: Dist. of Columbia
Docket No. 1:11-CV-00408-ABJ
On behalf of United Western Bank, filed suit against the OTS and FDIC claiming a wrongful seizure and appointment of a receiver. The lawsuit asserts the bank was, in fact, "economically viable" and the seizure was "arbitrary and capricious." It demands that the court order the OCC, the OTS' successor, to remove the FDIC as receiver of United Western Bank. The Court denied a motion to dismiss by the OCC and granted United Western Bank leave to take discovery from the OCC to ascertain whether documents had been improperly excluded from the administrative record. The Court dismissed the FDIC from the case, but the FDIC has since intervened in the case in an attempt to block the release of FDIC documents identified as responsive in the course of discovery. "

In re United Western Bancorp, Inc.

http://www.buckleysandler.com/experience-detail/in-re-united-western-bancorp-inc

"In re United Western Bancorp, Inc.
Practice Area(s): Banking, Bankruptcy Trustee, Litigation
Attorney(s): Sandler, Andrew L.; Buffone, Samuel J; Saul, Benjamin P
Court: D. Col.
State: Colorado
Represented debtor-in-possession as special counsel for several litigation and regulatory matters."


My question here is

Why do they state "has represented"(instead of is representing), is the case and their representation over?


TIA