Areas of Practice

Banking Regulation

 

Advised scores of regional and community banks on:

  • Dividends and other capital distributions.

  • Affiliate and insider relationships.

  • Retail sales of non-deposit investment products.

  • Risk-weighting of assets.

  • CARES Act, including participation in the PPP program.

Fintech

 

For both banks and fintech firms,

  • Drafted and reviewed contracts for compliance with requirements for third-party relationships.

  • Advised on investments in both banks and technology providers.

  • Advised on the availability and terms of bank charters for fintech firms and other nonbanks.

Corporate

 

For banks in the transactional markets,

  • Reviewed the terms of M&A agreements.

  • Led the application and regulatory review process for a variety of mergers and acquisitions.

  • Helped design securities offerings to ensure appropriate capital treatment.

  • Advised on structure of non-controlling investments.

  • Reviewed regulatory discussions in SEC filings.

Directors and Officers

 

Advised boards of directors on:

  • Responses to matters raised by examiners and supervisors.

  • Appropriate organizational structure for oversight of bank operations.

  • Insider transactions and relationships.

  • Duties of loyalty and care, particularly where bank may be subject to an enforcement action or is in troubled condition.

Enforcement

 

Represented individuals and institutions in:

  • Discussions with regulators on possible forms of informal enforcement actions.

  • Adversarial proceedings with banking agencies and CFPB.

  • Negotiation of consent orders.