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BANKING AND FINANCIAL SERVICES REGULATORY

The attorneys in our Banking and Financial Services Regulatory practice group provide services for banks and other financial institutions on regulatory issues, business transactions, corporate governance, and enforcement actions. 

Our goal is to provide our clients with solid, practical legal advice and services to help them succeed in the fast-changing financial services industry while addressing the increasingly complex web of state and federal regulatory requirements.

Our Banking and Financial Services Regulatory attorneys include former federal and state bank regulators and other seasoned practitioners who bring valuable knowledge and experience to help our financial services clients in achieving their business goals.  

This group works with larger, nationwide banking organizations as well as regional and community banks located throughout the country. We also represent various other types of financial institutions (such as trust companies, loan companies, savings associations, insurance agencies, investment advisors and broker-dealers) and services providers for the financial industry. The lawyers in the group regularly interact with financial regulators, including the FDIC, Federal Reserve, OCC, CFPB, SEC, FINRA and state banking and financial services regulators around the nation, and maintain valuable contacts and working relationships with government officials in these agencies.  

Comprehensive Services 

Our Banking and Financial Services Regulatory group provides services in areas that include: 

Regulatory counsel. We provide services ranging from guidance on basic banking and financial services law issues to procuring regulatory approvals of the latest cutting edge services, products and transactions. Our regulatory counsel services include handling:

  • Regulatory applications and filings
  • Bank activities and investment issues, e.g., securities and insurance “networking” sales arrangements, repurchase and sweep programs, preemption matters, internet banking and e-commerce, brokered deposit programs, swap transaction requirements, electronic payment systems issues
  • Anti-money laundering issues
  • Financial technology (“Fintech”) issues
  • Consumer finance regulation 
  • Financial privacy
  • State and federal requirements for licensed lenders, money transmitters and prepaid product providers

Corporate and financial transactions. The group handles transactions from simple branch sales to complex, multistate bank deals. This transactional work includes:  

  • Mergers and acquisitions
  • Financial service provider relationships
  • De novo federal and state bank charters and holding company formations
  • Deposit account arrangements, deposit insurance issues, and cash management
  • Equity, debt and hybrid securities offerings 
  • Failed bank transactions, including whole bank and asset acquisitions from the FDIC
  • Interstate banking transactions and issues

Corporate governance and internal investigations. Attorneys at the Firm, including former regulators and prosecutors, provide advice on corporate governance matters and internal investigations, such as:

  • Bank policies, procedures and internal controls
  • Insider and affiliate transaction issues
  • Internal corporate investigations, including investigations of fraud and other illegal activities

Enforcement actions. The group handles matters including:

  • Examination and regulatory investigation matters
  • Bank regulatory actions, e.g., consent orders, cease and desist orders and memoranda of understanding
  • Criminal referrals, investigations and proceedings
 

Blog Posts

A follow-up summary of the Regulation ZZ final rule

Banks and financial institutions targeted in a wave of patent lawsuits for supporting Samsung Pay

CFPB provides additional guidance on “Unauthorized Electronic Fund Transfers”

Recent amendments to South Carolina’s low-income housing credit statute provides potential investment opportunities for financial institutions

Nine Bankruptcy Code amendments included in latest appropriations bill

Proposed bill may ease access to financial services for California cannabis businesses

FinCEN guidance looks to enhance availability and transparency of financial services to hemp companies

COVID-19: When a bank loan restructure may not be a troubled debt restructuring (revised)

Cannabis banking bill heads to U.S. House for a vote

Modernization of fintech regulation: Analyzing state regulatory solutions for banks and nonbanks

Publications

An introduction to the Adjustable Interest (LIBOR) Act: The federal response to LIBOR replacement

Update – SOFR and LIBOR Replacement

IBA confirms cessation of LIBOR tenors

The current status of LIBOR replacement and what financial institutions and their customers need to know now

SEC denies applications for ETFs: Will traditional Wall Street banks step in?

Shoring up the PBGC’s insurance program for multiemployer plans: An update

TCLE

The State of Cannabis in the States: A Federal Overview

The Dodd Frank Rollback: Easing the Rules for Commercial Real Estate (HVCRE) Lending

Partner
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Garrett counsels banks, financial institutions and other businesses on a variety of tax credit, commercial transaction and regulatory issues.

Garrett counsels banks, financial institutions and other businesses on a va...

Garrett Fischer
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Greg counsels entrepreneurs, investment advisors and major institutional investors on a wide range of securities offerings and transactions while providing comprehensive ...

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Greg Patterson
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Sarah represents lenders, banks and borrowers in complex financing transactions and provides in-depth regulatory counsel to clients in two of the most heavily regulated i...

Sarah represents lenders, banks and borrowers in complex financing transact...

Sarah Wade