The proliferation of federal and state laws—and government agencies tasked with implementing and enforcing them—presents unprecedented challenges for financial institutions. We provide informed, insightful advice on regulatory, transactional, legislative, and strategic planning matters as well as litigation.
Our attorneys counsel clients on the development and marketing of new financial products, chartering and charter conversions, branching and branch closures, lending limits, insider lending and Regulation O, affiliate transactions and Regulation W, Bank Secrecy Act and OFAC compliance, foreign exchange and other swaps issues arising out of Title VII of Dodd-Frank, the Volcker Rule, CRA and public investment issues, strategic planning, and risk management issues.
We prepare internal compliance policies and procedures, conduct internal investigations, provide guidance on compliance and safety and soundness issues, and assist in a broad variety of transactional areas, including bank mergers and related transactions, domestic and international wire transfer arrangements (including remittance transfers in compliance with the new CFPB regulation), trade financing using letters of credit, bankers acceptances, and documents of title. We also defend clients in administrative investigations, judicial proceedings, and administrative enforcement proceedings brought by state and federal regulatory agencies.
Bank and Thrift Holding Companies
We advise on the diverse regulatory requirements that apply to bank holding companies, financial holding companies, and savings and loan holding companies, as well as holding companies exempt from regulation at the holding company level. These include capital adequacy regulation, affiliate transactions restrictions, acquisitions of banking and nonbank interests, and merchant banking activities.
Officers and Directors Services
We advise officers and directors on compliance issues, matters involving bank supervision and examination, government investigations, and crisis management. We also defend them in administrative enforcement proceedings and D&O liability claims. We assist with strategic planning, transactions, and challenges to agency rulemaking, and in litigation.
Alan S. Kaplinsky