We frequently advise local, regional and national banks, bank holding companies, trust companies, thrifts, and other financial institutions on matters ranging from routine operations to transactions, regulatory matters, and litigation.
Our service mix ranges from general counsel type consulting on virtually all types of legal matters affecting banks and other financial institutions to specific, complex lending matters, and everything in between. With both a former bank general counsel and former chief compliance officer among our attorneys in this practice area, we have experience with all aspects of the legal, compliance, and operational environments for such entities. We routinely counsel clients on matters that include bank and regulator interactions, inter-company agreements, federal and state banking laws and regulations, deposit operations, treasury management, commercial and consumer lending, fiduciary and investment activities, branch operations, executive compensation and employment agreements, and D&O and E&O policies.
Regulatory and Compliance Matters
Banks and other financial institutions are facing an ever-increasing regulatory and compliance burden, including the following areas:
Key Regulatory Focus Areas
- Privacy of customer information
- Bank Secrecy Act and anti-money laundering issues, including those under the USA PATRIOT Act
- New and pending mortgage requirements, including qualified and non-qualified mortgages and “Know Before You Owe”
- Health Insurance Portability and Accountability Act (HIPAA) and unauthorized disclosures of protected information
- Non-disclosure and non-solicitation agreements
- Subpoena responses and responses to CFPB and other governmental agency demands
- New product development and implementation
- Vendor due diligence
Troubled Institutions and Financial Challenges
We also have substantial experience in handling matters for institutions faced with troubled loans or financial or regulatory issues themselves, including:
Troubled Loan and Risk Management Support
- Analyzing troubled loans and their collateral packages
- Pre-bankruptcy planning
- Pre-negotiation agreements
- Forbearance agreements
- Amendments to loan documents
- Foreclosures
- Deeds in lieu of foreclosure
- Director and officer consultation
- Analysis of D&O and E&O insurance policies and making claims under those policies
Ongoing Regulatory and Compliance Support
We also help our clients navigate the state and federal laws and regulations, identify and assess their responsibilities under those laws and regulations, and assist them with appropriate tools to ensure compliance. We remain mindful of the particular resource, structural, and market limitations of our clients, and we work to develop solutions that fit our clients’ current circumstances and are also scalable as those circumstances change.
Regulatory and Compliance Services
- Advocacy for our clients’ interests at the outset, through tailored regulatory surveillance programs and comment letters on pending regulatory changes
- Training on legal and regulatory issues from the broader external legal and regulatory environment to product- or business-specific issues
- Risk assessment of current and pending products and services
- Development and implementation of policies, procedures, and processes
- Independent compliance examination and assessment
- Ongoing legal and compliance consultation
Primary Firm Contact(s) for this area of law:
