In their latest article focusing on bank failures in the aftermath of the recent financial turmoil, Tom Vartanian and Larry Nesbitt describe a number of innovative deal structures that the FDIC has been using to resolve the increasing rate of bank failures. In total, 140 banks failed in 2009, compared to 25 bank failures in 2008. See 2009 Bank Failure Report: FDIC Employs Innovative Approaches as Failures Hit Triple Digits and Counting, 94 Banking Rep. (BNA) 673 (Apr. 6, 2010) . Fried, Frank monitors all bank failures whether the Firm is representing parties in the actions or not in order to develop innovative resolution options.
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