Mary Gill was a featured faculty member during this webinar hosted by Strafford. The FDIC recently began issuing civil demand letters and subpoenas to officers and directors of many of the financial institutions that failed in 2009. The actions make it clear the agency is gearing up to file suit against some of these former board members and executives. In addition to the FDIC litigation risk, regulatory agencies can initiate administrative enforcement proceedings against directors and officers of a financial institution, seeking civil money penalties that often are not covered by D&O insurance policies. The panel discussed trends in FDIC litigation and agency enforcement actions against executives of failing or failed financial institutions, reviewed theories of liability and common defenses and suggested best practices for preparing a solid defense.