Overview
Our seasoned interdisciplinary group combines law firm, in house, and regulatory experience to deliver advice financial institutions can actually use to meet their objectives within today’s complex regulatory, business, and operating environments.
We counsel clients on matters involving state and federal regulators, including the Board of Governors of the Federal Reserve (FRB), Office of the Comptroller of the Currency (OCC), Federal Deposit Insurance Corporation (FDIC), Consumer Financial Protection Bureau (CFPB), and Federal Trade Commission (FTC), as well as state banking departments and attorneys general.
Our experience spans the full panoply of state and federal banking, wealth management and consumer financial laws and regulations. From state licensing and usury laws, to the web of federal regulation, our group advises financial institutions on complex questions, including preemption analysis under the National Bank Act and the Federal Deposit Insurance Act, as well as other state-specific requirements applicable to their businesses. At the federal level, we regularly counsel clients on the National Bank Act, the Bank Company Holding Act, the Volcker Rule, Dodd Frank, the Community Reinvestment Act (CRA), and the Equal Credit Opportunity Act (ECOA). We also cover Regulation B, the Electronic Funds Transfer Act (EFTA) and Regulation E, the Fair Credit Reporting Act (FCRA) and Regulation V, the Fair Debt Collection Practices Act (FDCPA). Within our group, we provide advice on pending Regulation F, the Gramm-Leach-Bliley Act (GLBA) and Regulation P, the Home Mortgage Disclosure Act (HMDA) and Regulation C, the Real Estate Settlement Procedures Act (RESPA) and Regulation X, as well as the Truth in Lending Act (TILA) and Regulation C. Lastly, we are experienced in compliance with prohibitions on unfair, abusive, and deceptive practices (UD(A)AP) under the Consumer Financial Protection Act (CFPA) and the FTC Act, including the Telemarketing Sales Rule.
Wide Range of Experience
We have successfully handled matters relating to:
- Bank Holding Company Shareholder Management
- Bank Safety and Soundness compliance, including Risk Data Aggregation and Heightened Standards
- Cannabis Regulatory Compliance
- Compliance and Legal Risk Management and Governance
- Comprehensive Capital Analysis and Review (CCAR)
- Flood Insurance Compliance
- International Regulatory Management and Coordination
- LIBOR Transition
- Recovery and Resolution Planning
- Volcker and Regulation W Compliance
- Wealth Management Compliance
Representative Work
Representative Work
- Advising a Fortune 50 financial institution on its compliance with a consent order with certain U.S. regulatory authorities. Assisting lender and mortgage servicer in responding to inquiries from its regulator related to federal flood insurance requirements
- Reviewing advertising strategies and marketing materials for compliance with fair lending, UDAAP, and TILA/ Regulation Z requirements and other applicable consumer financial laws
- Providing legal and regulatory counsel on innovation and financial inclusion initiatives, including related to underwriting and credit decisioning models, consumer credit terms, capital markets arrangements, and use of electronic or digital platforms
- Advising on marketplace lending arrangements, including state usury and licensing requirements (and applicability of federal preemption based on valid-when-made and true lender analysis), on- going compliance with consumer financial laws and related due diligence, and receivables management and enforceability strategies
- Advising signficant financial institution on the restructuring of its conduct management and employee relations programs
- Counseling mortgage brokers and mortgage lenders on compliance with consumer mortgage laws, including RESPA, TILA, HMDA, and fair lending laws, and reviewing loan portfolios to identify potential collection issues and litigation risks
- Advising on brokered-deposit requirements and related considerations in connection with third party prepaid card, deposit account, and sweep account programs
- Advising on ongoing and scenario driven litigation loss analysis for CCAR
- Regularly conducting compliance reviews on the applicability of key regulations, including Regulation B, Regulation C, and Regulation Z, to existing and proposed products and processes, including applicability of consumer finance regulations to institutional and wholesale lending
- Advising financial institution on its Recovery and Resolution Planning requirements, including drafting governance and bankruptcy playbooks, consulting on training for their boards of director, reviewing the adequacy of legal analysis on potential creditor challenges, and reviewing draft bankruptcy filings
- Advised on drafting living wills and developing necessary governance
- Advising on the structure and governance of risk data aggregation
- Advising on compliance with Regulation W and Regulation O
- Advising on digitalization and the rise of artificial intelligence
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Co-head of Litigation and White Collar, Regulatory Defense & Investigations
Co-head of White Collar, Regulatory Defense & Investigations; Co-head of DEI Advice, Audits & Assessments
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The Moore & Van Allen White Collar Defense, Investigations, and Regulatory Advice Blog provides in-depth analysis and up-to-date information to companies and individuals to help navigate the rapidly evolving and challenging areas of regulatory and criminal enforcement, as domestic and international government authorities increasingly subject companies to the complexities of overlapping investigations and parallel proceedings.