Regulation, Compliance and Litigation

The financial institutions industry is complex and heavily regulated. Troutman Sanders has a well established reputation in representing banks, holding companies, and other institutions in this industry in the most complex and challenging regulatory and compliance matters. Our attorneys resolve supervisory issues with federal and state regulatory agencies and counsel boards and management on strategic decisions to resolve regulatory matters and return the institution to safety and profitability. We also represent boards of troubled banks and their directors and officers in connection with civil and criminal government investigations and provide strategic counsel in the defense of shareholder claims or third party litigation.

Troutman Sanders also represents clients pursuing controlling equity investments and new charter formations. Although recent regulatory policy has prevented de novo bank formation, we have over the years, assisted scores of clients with the formation of new bank charters. Trust company chartering continues to occur, and we have represented a number of clients in connection with new trust company charters. We provide the regulatory, capital formation, corporate governance and related advice necessary for the successful formation of new bank structures.

In our global economy, there is substantial risk associated with money transfers, counterterrorism and international sanctions. Troutman Sanders attorneys represent clients in AML and terrorist financing matters, including money transmitters, cross border transactions, and associated special investigations. Similarly, our attorneys have many years of hands-on experience in every facet of counseling and litigation involving financial institutions litigation, including individual and class action lawsuits for consumer claims under a broad range of laws and regulations, including FCRA, FDPCA, ECOA and Reg. B, TILA and Reg. Z, RESPA, HOEPA and state law compliance. We try cases in federal and state courts on these issues in more than 40 states and handle administrative hearings if the matter is assigned to a case officer. Regardless of a client’s needs in the regulation, compliance and litigation areas, we have experienced attorneys who can promptly address these issues and provide immediate assistance.

Additionally, our team regularly provides advice regarding matters of critical importance to financial institutions, including the following: