We advise our clients on a full range of regulatory matters, keeping current on changing industry rules and ensuring compliance with all applicable statutes, rules, and regulatory interpretations and guidance. We help our clients avoid regulatory and compliance issues, and when they arise, assist them in resolving these issues with federal and state regulatory agencies.
We counsel boards and management on strategic decisions to resolve regulatory matters, including 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.
Our team includes attorneys with prior government service with financial services regulatory agencies, enabling us to reach decision-makers at the highest levels of government. We handle high-level regulatory negotiations at hearings and in formal and informal proceedings. We also are involved in civil enforcement and criminal investigations, including Securities and Exchange Commission (SEC), Department of Justice (DOJ), and grand jury proceedings.
We represent clients pursuing controlling or non-controlling equity investments, de novo bank formations, and in connection with the formation and licensing issues related to fintech companies and other non-bank financial services providers. We have assisted scores of clients with the formation of new bank charters, and specialty charters including new trust companies. We provide the regulatory, capital formation, corporate governance, and related advice necessary for the successful formation of all types of financial institutions, fintech companies, and other financial services providers.
In our global economy, substantial risk is associated with money transfers, counterterrorism, and international sanctions. We represent clients in avoiding and responding to regulatory criticism regarding AML and terrorist financing matters, including money transmitters, cross border creditor transactions, and associated special investigations. Similarly, we have many years of hands-on experience in every facet of counseling and 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 related 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 areas of regulation, compliance, and litigations, we have experienced attorneys who can promptly address these issues and provide immediate assistance.
Our long history of corporate, securities, and regulatory work has been recognized by publications such as The American Banker, Chambers, Best Lawyers in America, Thomson Financial, Legal Elite, and Super Lawyers, which consistently list our firm’s financial services attorneys as leaders in the industry.
We provide legal and regulatory advice regarding the scope of new and existing laws, regulations and interpretations, as well as counsel to financial institutions, fintech companies, and other financial services providers regarding relationships with federal and state regulatory agencies. Our practice includes a former federal agency regulator with Washington, D.C., and regional office experience at the Federal Deposit Insurance Corporation (FDIC). The group also includes attorneys with vast experience representing financial institutions, fintech companies, and other financial services providers in investigations conducted by the Department of Justice, the Securities and Exchange Commission (SEC), and the FDIC. Our attorneys have also developed strong relationships with state and national associations that represent the interests of financial institutions, fintech companies, and other financial services providers in legislative and rulemaking processes.
We have advised on the formation of new banks throughout the United States, including newly formed state-chartered banks, national banks, and special purpose charters. Our extensive experience allows us to advise clients on the types of charters that work best for the organizers’ long-term, institutional goals. We advise clients engaged in new charter and holding company formations, helping them understand the nuances of the bank regulatory regime and the impact they can have on determining the type of charter best suited for an organizing group.
We represent troubled fintech companies and other financial services providers facing challenges as a result of subprime loans or problem loans, management issues, alleged violations of law or regulation, capital deficiencies, liquidity problems, board difficulties, or other issues. Our attorneys have extensive experience negotiating and implementing regulatory agreements on behalf of regulatory agencies and our clients, including formal agreements, cease and desist orders, removal and/or prohibition orders, orders for prompt corrective action, memoranda of understanding, informal agreements, and other federal and state regulator-required actions.
Financial institutions increasingly need guidance in connection with troubled assets, capital issues, and examinations and proposed actions by bank regulators, including closures and receiverships. We have extensive experience negotiating and implementing regulatory agreements on behalf of regulatory agencies and financial institutions, including formal agreements, cease and desist orders, removal and/or prohibition orders, orders for prompt corrective action, memoranda of understanding, informal agreements, and other federal and state regulator-required actions. Our ability to provide this firsthand experience separates us from many other firms and provides a level of comfort for our clients during what can be a tumultuous time.
Our anti-money laundering (AML) and international trade sanctions team includes attorneys with decades of experience providing clients guidance in establishing appropriate controls and advising on specific transactions such as lending arrangements, inter-bank activity, import/export trade restrictions, currency transfers, and customer relationships.
We regularly handle AML and sanctions-related financing matters for financial institutions, investment banks, insurance companies, money service businesses, mutual funds, fintech companies, and other financial services providers across the United States, and have assisted international companies with cross-border AML and sanctions-related financing issues. The team also has significant experience conducting investigations required or necessary because of law enforcement involvement, regulatory agency actions, pending or contemplated litigation or board of directors/senior management mandates.
Podcasts
06.08.23
CFPB's War on Junk Fees
Podcasts
06.06.23
Introducing Payments Pros: The Payments Law Podcast
Firm News
05.04.23
Troutman Pepper Partners Stefanie Jackman and Joseph Reilly Named Fellows of The American College of Consumer Financial Services Lawyers
Firm News
04.26.23
Troutman Pepper Continues to Grow Market-Leading Financial Services Team with Addition of Joseph Reilly in DC
Articles + Publications
04.14.23
FDIC Vice Chair Opines on Regulatory Response to Recent Bank Failures
Articles + Publications
04.13.23
Insights Report: The Secret to Success in Banking as a Service