Clients benefit from the deep experience our lawyers have gained while holding senior positions at major banking agencies, which enables them to address the full range of financial services regulatory matters.


Banks, their holding companies and other financial services clients depend on WilmerHale's insight while navigating regulatory matters governed by US and non-US banking laws, including issues involving transaction structure and execution, regulatory filings and applications, control determinations, permissible activities, affiliate transactions, recovery and resolution planning, the Volcker Rule, and foreign banking organizations. Since the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act, WilmerHale has been an active participant in rulemaking and other aspects of regulatory reform.

Our lawyers have counseled clients on issues initiated by a range of regulatory agencies, including the Department of Justice (DOJ), Consumer Financial Protection Bureau (CFPB), Federal Reserve Board of Governors (FRB), Financial Crimes Enforcement Network (FinCEN), Office of the Comptroller of the Currency (OCC), Federal Deposit Insurance Corporation (FDIC), Securities and Exchange Commission (SEC), Office of Federal Housing Enterprise Oversight, Commodity Futures Trading Commission (CFTC), Department of the Treasury and Federal Trade Commission (FTC).

Contacts

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Brown, Reginald J.

Reginald J. Brown

Chair, Financial Institutions Group

+1 202 663 6430 (t)

reginald.brown@wilmerhale.com

Gutierrez, Franca Harris

Franca Harris Gutierrez

Vice Chair, Financial Institutions Practice Group

+1 202 663 6557 (t)

franca.gutierrez@wilmerhale.com

Experience

With our help, clients achieve their business objectives efficiently and cost-effectively, prevent or resolve regulatory issues and investigations, and litigate high-stake cases to favorable outcomes. Over the past 30 years, we have built a practice of extensive breadth and depth in regulatory, transactional, litigation and enforcement matters for banks and other financial institutions. 

In recent years, we have:

  • represented financial institutions in dozens of internal and DOJ investigations, and represented clients in numerous formal and informal enforcement actions brought by or before the CFPB, OCC, FRB, FDIC, FinCEN, Office of Foreign Assets Control, Federal Housing Finance Agency, FTC, SEC, CFTC and agency inspectors general;
  • assisted domestic and foreign banking entities in all aspects of their relationships with federal and state bank regulators, including charter, license and other applications, reporting requirements, requests for interpretive and exemptive relief, and responses to examination reports and supervisory correspondence. We also frequently counsel foreign banks on issues under the US banking laws;
  • represented many of the world's leading financial firms in investigations by the House Financial Services Committee, Senate Banking Committee, Permanent Subcommittee on Investigations and Financial Crisis Inquiry Commission;
  • counseled banks on entering into and renegotiating outsourcing and other services agreements. We have represented clients in acquiring and divesting credit card portfolios (bankcard and private label), and in establishing long-term strategic alliances for private label card programs and card association relationships. We have also advised both issuers and merchants on the preparation and negotiation of co-branding agreements, and have assisted financial institutions in raising capital through various complex debt and equity offerings;
  • represented banking institutions and insurance companies in dozens of class action matters and other key litigation at all levels of the federal and state court systems. Before the US Supreme Court, we have represented financial institution parties in recent terms on preemption, jurisdictional and substantive banking matters, and represented financial institution trade groups as amici in additional cases;
  • advised numerous players in FinTech, from early-stage startups to major banks developing new technology-driven platforms and products to leading venture capital firms in the investor community;
  • played a role in nearly all of the largest anti–money laundering investigations to date, either as client counsel or as regulators and prosecutors, including all stages of enforcement actions brought by the DOJ, FDIC, Federal Reserve, FinCEN, Financial Industry Regulatory Authority, New York Department of Financial Services, OCC, SEC and others;
  • represented plaintiffs and defendants in civil litigation and class actions arising under anti-discrimination and fair lending laws, including defending an investment bank in ongoing litigation brought by a purported class asserting disparate impact and discrimination claims relating to the investment bank's purchase and securitization of mortgage loans. We also represent clients, including large financial institutions, in fair lending inquiries, examinations, investigations and enforcement matters conducted by the CFPB, DOJ, and other federal and state regulators;
  • played a leading or supporting role in nearly every CFPB enforcement action since the bureau's inception. We have also advised numerous clients on compliance with new and revised regulations issued by the CFPB, and have helped banks and nonbanks prepare for and respond to CFPB examinations; and
  • in the area of retail finance, counseled banks, credit card issuers, finance companies, auto lenders, mortgage lenders, originators and servicers, retailers, payment processors, debt collectors, consumer reporting agencies, consumer finance companies, mortgage lenders, and small business lenders on a wide range of issues arising from applicable statutes, rules and regulations.