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Bank & Financial Company Regulation

  • Bank and Financial-Company Regulation: Regulation by the FDIC, OCC & Federal Reserve (FED), including administrative enforcement actions--cease & desist and civil money penalty (CMP) actions--against officers and directors of financial institutions and professionals providing services to such institutions (attorney, accountants, and appraisers), post-employment contract matters (golden-parachute law under 1828(k)), capital sufficiency law, prompt corrective action and capital restoration plans, written agreements, consent orders, and more.
  • FDIC Receivership Law: Grounds for appointment of FDIC as receiver, post-receivership administrative-claims procedures for banks & thrifts including jurisdictional timeliness issues, anti-injunction statute, permissible damages for proven claims, contract repudiation authority and limitations, qualified financial contracts (QFCs), bridge banks, pass-through receiverships, deposit-insurance coverage matters, transfer of assets and liabilities, D'Oench doctrine and its statutory corollaries, payment of claims priority issues, stay of pending legal proceedings, directors & officers liability suits, professional malpractice suits, fraudulent conveyance law, and more.
  • FDIC Orderly Liquidation Authority under the Dodd Frank Act: FDIC's orderly liquidation authority (OLA) for systemically important financial institutions (SIFIs) whose failure might trigger a financial crisis if they are resolved under the Bankruptcy Code.
  • Regulation of Systemically Important Financial Institutions under Dodd Frank: Designations by the Financial Stability Oversight Council (FSOC), enhanced SIFI regulation, and living wills.
  • Consumer Financial Protection Actions: We have expertise in litigating financial consumer protections claims within the jurisdiction of the Consumer Financial Protection Bureau (CFPB), including regulations promulgated by the CFPB, and consumer statutes overseen by the CFPB, including, but not limited to, suits under the Equal Credit Opportunity Act (ECOA), Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Right to Financial Privacy Act, Electronic Funds Transfer Act, Credit and Debit Card Receipt Clarification Act, and other similar statutes.

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