On May 6, 2021, the American Bar Association’s Business Law Section published a two-part series of articles authored by Ryan Scarborough concerning enforcement actions brought against financial institutions.   
 
His first article, “A Litigator’s Thoughts on Protecting Financial Institutions From Enforcement Actions,” identifies lessons that in-house counsel at banks and credit unions may find helpful as they advise their institutions.  Ryan draws these lessons from his own experiences representing financial institutions under investigation or in enforcement litigation, augmented by a review of other publicly filed actions and consent orders.  Click here to read the full article. 
 
Ryan’s second article, “How In-House Counsel Can Protect Themselves from SEC Enforcement Actions and Criminal Prosecutions,” focuses on threats that in-house counsel may face personally from government agencies, and what lessons can be drawn from prior enforcement actions and criminal prosecutions brought against such individuals.  As part of this discussion, Ryan draws from an unpublished analysis prepared by Williams & Connolly partner John Villa that examines non-insider trading SEC actions and DOJ criminal prosecutions against corporate in-house counsel over the past two decades.  Click here to read this article.