Bank Regulatory

Overview

We represent numerous regulated financial services companies, including national and state-chartered commercial banks, federal and state-chartered thrifts and savings banks, insurance companies, mortgage companies and other finance companies. Our representation and advice covers the full range of regulatory and corporate matters, including: mergers and acquisitions; corporate formations and restructurings; bank powers; the development of new financial products and services; corporate governance; trust activities; bank mutual fund matters; Bank Secrecy Act, Patriot Act, and antimoney laundering compliance; consumer compliance; electronic banking; information technology and outsourcing matters; community reinvestment and general business and strategic planning matters.

Our banking and financial institutions regulatory experience includes the following:

  • Preparation and review of regulatory applications and notices, including applications related to de novo national- and state-chartered banks and thrifts; non-banking activities; trust activities and mergers and acquisitions;
  • Advising financial institutions and underwriters regarding capital raising and corporate restructuring matters, including initial public offerings, trust preferred securities, and asset securitizations;
  • Advising financial institutions and underwriters in mergers, acquisitions, divestitures, and joint ventures;
  • Advising public and private institutions regarding fiduciary duty and corporate governance-related matters, including those arising as a result of the enactment of the Sarbanes-Oxley Act, as well as other director and officer responsibilities;
  • Advising financial institutions with respect to statutory and regulatory provisions affecting the operations of holding companies and their depository and non-depository subsidiaries, including with respect to Regulation Y regarding non-banking activities, Section 23A and 23B of the Federal Reserve Act regarding affiliate transactions, capital and leverage requirements, and the acquisition and disposition of OREO and other “debts previously contracted” property;
  • Negotiation of technology outsourcing agreements and other vendor contracts; and
  • Counseling financial institutions in supervisory and enforcement matters.

In addition to our regulatory practice, we counsel banks and other financial institutions through our consumer financial services practice on various laws affecting consumer lending (such as the Truth in Lending Act and Regulation Z, the Consumer Leasing Act and Regulation M, the Truth in Savings Act and the Fair Credit Reporting Act) and through our commercial finance practice in a wide spectrum of financing and lending activities (such as commercial lending, real estate and construction lending, private capital markets, public finance, creditors’ rights / troubled investments and securitizations).

Through our extensive experience in advising banks and financial institutions, we seek to provide the best possible advice to our clients in an era of rapid change in the financial services industry.

Speaking Engagements