May 28, 2023

Volume XIII, Number 148


May 26, 2023

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May 25, 2023

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Silicon Valley Bank Fails After Run on Deposits

"The Federal Deposit Insurance Corporation took control of the bank’s assets on Friday. The failure raised concerns that other banks could face problems, too."

In light of the news this morning that Silicon Valley Bank (SVB) has been closed by the California Department of Financial Protection, which appointed the Federal Deposit Insurance Corporation as SVB’s receiver, it's fair to ask if this is the beginning of a trend among regional banks or an isolated incident. SVB, while unique in the banking industry, since it would lend against illiquid (pre-IPO) securities, mainly issued by ventured-backed companies, faced challenges in a rising interest rate environment that are not unique and which, many similarly situated regional banks, are still facing.

As the Federal Reserve considers whether to raise interest rates by 0.25% or 0.5%, in order to combat inflation, a key factor in their analysis will be the impact these interest rate hikes have on regional banks and their portfolios. Regional banks, unlike their Fortune 100, multi-national counterparts, derive their value from vast portfolios of bonds, which are very sensitive to interest rate hikes (as interest rates rise, the value of these bonds fall). For instance, the S&P Regional Banks Select Industry Index is down 3.69% today, 19.92% month-to-date, and 13.02% year-to-date.

Therefore, in the coming days, it will be crucial to watch both the Federal Reserve’s Federal Open Market Committee meeting on March 21-22 and whether SVB’s collapse signals a contagion among the regional bank sector. SVB’s closure is the biggest bank collapse since the financial crisis and many start-up/early-stage companies will be very interested to see if it is the last or the first of many.

Read the New York Times article (Free Subscription Required)

© 2023 ArentFox Schiff LLPNational Law Review, Volume XIII, Number 71

About this Author

Aaron H. Jacoby Los Angeles Managing Partner ArentFox Schiff LLP
Los Angeles Managing Partner

Aaron is one of the most forward-thinking lawyers in the automotive sector, focused on cutting-edge and disruptive developments, including autonomous vehicles, ride-sharing, online sales, and direct manufacturer sales. His practice includes federal and state regulatory matters, government investigations, class actions, business litigation, and transactions. Aaron’s exclusive automotive industry focus enables him to counsel clients on a wide variety of operational, regulatory, business, and litigation issues and offer pragmatic solutions for the legal challenges they face...

Justin A. Goldberg Corporate and Securities Lawyer Los Angeles ArentFoxSchiff

Justin represents clients in various industries, including food and beverage, sports, insurance and reinsurance, cannabis, and automotive, in a wide variety of commercial transactions, including corporate structuring, finance, joint ventures, mergers and acquisitions, corporate compliance, real estate, sponsorships, and general corporate law. Justin’s clients include international corporations, food and beverage companies, auto industry companies, emerging growth companies, cannabis companies, select startups, collegiate sports entities, and prominent individuals. Justin...