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Ken Achenbach has spent over a decade helping his clients to evaluate and manage regulatory, enforcement and financial risks, with a primary focus on the banking, FinTech, and financial services industries.

Ken regularly works with his clients to anticipate and respond to regulatory enforcement actions,agency investigations, and adverse examination findings. Ken has assisted clients facing threatened enforcement from various state and federal authorities and has represented his clients before the Federal Reserve, FDIC, OCC, DOJ, IRS, NCUA and state regulatory agencies. Ken has also helped his clients prepare for and respond to the evolving landscape of consumer compliance laws and regulations as a result of the Dodd-Frank Wall Street Reform and Consumer Protection Act and CFPB oversight. Ken is particularly adept at navigating the complex universe of financial regulation and finding practical solutions for his clients in the context of the unique, ongoing regulatory relationsihips within which they, as regulated institutions and their institution-affiliated parties, must continue to operate after a particular matter has been resolved.  

Ken also assists his clients with developing and implementing strategies for mitigating risk and possible exposure to liability, including analysis of insurance coverage and implementation of strategies to maximize coverage for institutions and their officers and directors facing potential claims or other adverse action. Ken has helped his clients investigate and recover fraud losses under fidelity bond insurance policies and deal with the regulatory implications of those fraud schemes. Ken regularly works with insurance professionals to negotiate the terms and placement of both liability (e.g., D&O) and transactional (e.g., representations and warranties) insurance policies and other tools to mitigate economic risks in M&A transactions andworks with individuals seeking indemnification, advancement or insurance coverage for expenses incurred in connection with litigation, regulatory enforcement, or other adverse action.

Ken also provides counsel to his financial services clients regarding raising capital, strategic planning, asset purchases and sale, M&A and other transformative, strategic transactions.

Ken has spoken to a wide range of groups and trade associations on diverse topics affecting the financial services industries.

Professional Affiliations

    • American Bankers Association – Associate Member
    • Community Bankers Association of Georgia – Associate Member
    • Georgia Bankers Association – Associate Member
    • Community Bankers Association of Georgia – Associate Member
    • Georgia Bankers Association – Associate Member
    • Georgia Bankers Association – Associate Member
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Publications

  • "Forming a Game Plan for TruPS," Bankdirector.com, September 2014

Speaking Engagements

  • “Reps and Warranties Insurance: Another Tool in Your M&A Toolkit.” - 2017 In-House Counsel CLE Institute, Atlanta, January 2017
  • "How Great is Your Compliance Culture?" Bank Director Magazine's Bank Board Training Forum, Chicago, September 2016
  • "Duties to Creditors in a Bank Holding Company Bankruptcy and other Insolvency-Related Issues" – Georgia Bankers Association Town Hall Meeting on Trust Preferred Securities, Macon, August 2014
  • "D&O Insurance – Understanding and Negotiating Coverage" – ICLE Georgia Banking Law Symposium, Atlanta, February 2014
  • "Nuts and Bolts of S-Corp Taxation and Conversion" – Subchapter S Seminar, Atlanta, May 2013
  • "Understanding Your Duties as a Bank Director and Mitigating the Risks of Board Service" – North Carolina Bankers Association, Bank Directors’ Assembly, Greensboro, March 2012
  • "The Bid Process Timeline: A Step-by-Step Approach" – Bank Director Magazine’s FDIC-Assisted Bank Deals Conference, Atlanta, September 2011
  • "FDIC Assisted Bank Deals: Opportunity Knocks – Framework of the Deal Structure" - Bank Director Magazine’s FDIC-Assisted Bank Deals Conference, Chicago, May 2011