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Ken Achenbach solves problems.

Ken’s deep experience in the regulated financial services industries as well as his experience with the tools of risk mitigation make Ken uniquely positioned to assist his clients in overcoming obstacles and meeting their business objectives - particularly, to:

  • Identify, evaluate and manage regulatory risks through periods of regulatory change and uncertainty;
  • Counsel and advocate for clients facing scrutiny from financial services regulatory authorities;
  • Develop implementation strategies for novel financial products and services to allow his clients to address regulatory requirements while meeting business goals;
  • Evaluate and implement fintech, regtech and other technological solutions to practical challenges in the financial services space;
  • Counsel and advise clients with respect to director and officer indemnification, advancement, and insurance matters in anticipation of or in response to liability claims;
  • Diligence business practices for regulatory risks in connection with the purchase of or investment in financial services companies; and to
  • Negotiate and structure complex corporate indemnity provisions for both buyers and sellers, including the use of transactional insurance products such as representations and warranties insurance.

Ken’s practice routinely involves colleagues across a variety of traditional industry verticals and Ken’s background and depth of experience allows him to understand and to be responsive to the needs of his clients, regardless of whether they are a commercial bank, non-bank financial service provider, financial technology company, or non-financial company exploring opportunities in the financial services space.  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

Speaking Engagements

  • Ken is a frequent guest on “The Bank Account,”  a semi-regular podcast discussing issues relevant to the commercial bankig and financial services industries.
  • “Financial Technology and Regulatory Update,” Georgia Banker’s Association CECL Workshop, Macon, April 2018
  • "Regulatory Compliance in 2017," Bank Director Magazine's Bank Board Training Forum, Atlanta, September 2017
  • “Cover Your Assets: Advancement, Indemnification and D&O Insurance,” 2018 In-House Counsel CLE Institute, Denver, November 2017
  • "CFPB, Regulatory Outlook: An Insider’s View," Panelist, BayPay, Atlanta, June 2017
  • “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
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Ken’s unique combination of transactional and insurance and risk management experience make him uniquely suited to advise clients in connection with transactions using representations and warranties insurance, transactional tax insurance or other solutions.  Ken’s understanding of his clients’ business objectives and risk appetite allow him to advise is clients so that they may achieve an indemnity and risk management structure that is right for them, whether in connection with a prospective acquisition or in structuring an exit.

Ken has been involved in the negotiation of dozens of transactional insurance policies over the past 3 years, including both representations and warranties and transactional tax insurance policies, on behalf of buyers, sellers, and finance lenders, across a variety of industry verticals.   Ken has experience working with both private equity firms and strategic acquirers and understands the variability in views with respect to risk that each may face, and has assisted both experienced users of the product and those going through the underwriting process for the first time with running a smooth, efficient and timely process focused on achieving the best coverage possible.  Ken also regularly assists clients with the investigation and preparation of claim notices under transactional insurance policies

In addition to his work in the transactional insurance space, Ken also regularly represents clients with respect to a number of critical insurance and risk management issues, including:

  • Serving as independent counsel to directors and board of directors facing potential litigation or dealing with adverse business circumstances, including in connection with bank failures and FDIC receiverships and in connection with bankruptcy and distressed sales and restructurings,
  • Evaluating and preserving coverage with respect to various contingent risks in the face of diminishing coverage or resources,
  • Evaluating and structuring corporate indemnification, advancement and insurance programs for boards of directors of public and private companies, funds, and partnerships,
  • Claims investigation and reporting, including investigation and recovery of financial fraud under financial institution bond policies, and

Evaluating coverage under D&O, E&O, fiduciary, management liability, cyber risk, and financial institution bond policies.

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
Read More

Publications

Speaking Engagements

  • Ken is a frequent guest on “The Bank Account,”  a semi-regular podcast discussing issues relevant to the commercial banking and financial services industries.
  • “Financial Technology and Regulatory Update,” Georgia Banker’s Association CECL Workshop, Macon, April 2018
  • "Regulatory Compliance in 2017," Bank Director Magazine's Bank Board Training Forum, Atlanta, September 2017
  • “Cover Your Assets: Advancement, Indemnification and D&O Insurance,” 2018 In-House Counsel CLE Institute, Denver, November 2017
  • "CFPB, Regulatory Outlook: An Insider’s View," Panelist, BayPay, Atlanta, June 2017
  • “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