As the financial services industry continues to face a once-in-a-generation overhaul, having the right legal counsel on your team can mean the difference between business success or failure. The attorneys at BuckleySandler LLP have decades of experience representing banks, mortgage lenders and servicers, credit card companies, insurance companies, securities firms and other financial services companies in matters affecting their industry.
Our attorneys are among the leading financial services law practitioners in the country and have a track record of successfully assisting clients in regulatory, enforcement, litigation, transactional and public policy matters. Currently, BuckleySandler represents the top 10 largest banks in the United States, nine of the top 10 mortgage lending companies, the top 10 servicing companies, the top 10 credit card issuers, as well as many community banks and non-bank financial services companies. In the past two decades, our attorneys have acted as lead defense counsel in more than 100 high-stakes class actions, represented our clients in a multitude of state and federal enforcement proceedings, and had a hand in commenting on or drafting a majority of the significant laws that impact the financial services industry.
With more than 150 lawyers in Washington, DC, Los Angeles, New York, Chicago, and London focused on financial services law, BuckleySandler helps our clients turn legal, regulatory and legislative challenges into business opportunities.
Our practice includes the defense of leading banks, financial services firms and other companies and their executives in class actions, complex civil litigation, and arbitration proceedings. We defend clients in cases involving allegations of discrimination, predatory lending, unfair competition and deceptive trade acts and practices, fraud, false statements, false claims, and breach of contract, as well as other claimed violations of regulations and laws governing their business activities, including:
- Fair Housing Act
- Equal Credit Opportunity Act
- Civil Rights Acts
- Truth in Lending Act
- Real Estate Settlement Procedures Act
- Civil False Claims Act
- Federal securities laws
- Unfair and deceptive trade practice statutes
- State law consumer protection, sales practices, privacy and antidiscrimination statutes
The mere threat of an enforcement action can stop a company in its tracks and delay or derail important business initiatives. BuckleySandler is sensitive to the business objectives of our clients and adept at helping a company stay on track when faced with real or potential government investigations or enforcement actions. We represent financial services companies before the U.S. Department of Justice, the Consumer Financial Protection Bureau, the Federal Trade Commission, the Securities and Exchange Commission, the Department of Housing and Urban Development, federal bank regulators, state attorneys general and other federal and state regulatory agencies. Our experience, gained over decades, is invaluable in helping to defend the interests of companies and executives in examinations and investigations relating to financial services matters, including:
- Lending and securities sales practices
- Fair lending and fair access – including unfair and deceptive trade practices
- Anti-bribery and anti-corruption (Foreign Corrupt Practice Act, UK Bribery Act)
- Anti-money laundering
- Consumer privacy
- Information security
BuckleySandler often advises banks and other financial institutions in connection with regulatory examinations and supervision matters initiated by state and federal regulatory agencies. Our attorneys, some of whom have served as senior bank regulators, help guide clients through the examination process, provide ongoing advice on day-to-day compliance matters, and review and design effective litigation risk management strategies. We routinely counsel clients on pre-examination preparation, assist them with responding to regulators’ inquiries, and engage with regulators throughout the examination process to ensure the most favorable outcome, both in terms of legal and business objectives.
White Collar Defense
Corporations and their officers and directors turn to our leading White Collar Defense attorneys when faced with grand jury investigations and other white collar criminal matters. With decades of experience handling complex parallel proceedings involving concurrent government enforcement and civil litigation, congressional investigations, and/or multiple class actions, our attorneys have the depth of experience needed to help our clients navigate and emerge from sensitive investigations and litigation with their reputations and businesses intact.
Licensing and Chartering
BuckleySandler assists clients with obtaining new lending, servicing, collection, insurance or money transmitter licenses, or obtaining “change of control” approvals for existing licensees, and assists banks and investment groups in analyzing charter alternatives and obtaining new charters. We assist new entrants, such as private equity investors, as well as ongoing businesses in structuring operations and transactions to minimize regulatory burden and facilitate the closing of transactions.
Counseling and Compliance
Our clients rely on us to provide sophisticated day-to-day compliance and risk management advice to ensure that their existing operations and new programs comply with ever-changing state and federal requirements. BuckleySandler’s extensive enforcement and litigation practice allows us to combine our in-depth understanding of the relevant laws and doctrines with a very current understanding of the views and positions of both regulators and enforcement agencies. We have developed and implemented comprehensive compliance management programs, including the written policies, training and ongoing monitoring needed to ensure compliance with fair lending laws, federal and state consumer protection statutes, consumer financial privacy and information security regulations; as well as the anti-money laundering requirements of the USA Patriot Act, the Bank Secrecy Act, and OFAC.
A complete understanding of the unique legal, operational and financial risks surrounding the acquisition, sale, or financing of assets, businesses and servicing rights in the financial services industry is why clients turn to BuckleySandler for representation in transactional matters. Our focus on the financial services sector gives us a perspective and base of knowledge that few can match, and helps us represent our client more effectively and efficiently.
Additionally, BuckleySandler represents clients in negotiating joint ventures and outsourcing arrangements, as well as licensing and e-commerce agreements. As part of this service, we can conduct regulatory and legal due diligence or other risk assessments for clients considering acquisitions or strategic alliances with other financial services companies. Serving as corporate counsel or special counsel to another law firm, we provide advice and guidance on regulatory issues related to mergers and acquisitions and bankruptcy reorganizations.
BuckleySandler is involved in a significant portion of the legislative developments affecting retail financial services, at both the federal and state levels. The firm assists clients in analyzing and responding to the full range of bank legislative and regulatory initiatives, including the Dodd-Frank Wall Street Reform and Consumer Protection Act, and its implementation by the Consumer Financial Protection Bureau and other federal agencies. BuckleySandler attorneys also have provided analysis and advocacy services with regard to the Fair Housing Act, the Emergency Economic Stabilization Act of 2008, the Troubled Asset Relief Program (“TARP”), the Housing and Economic Recovery Act of 2008, and other related programs. BuckleySandler often supports the public policy and advocacy missions of the major financial services trade associations, including the American Bankers Association, the Mortgage Bankers Association, and the Consumer Bankers Association. The firm is also at the forefront of establishing the legal infrastructure for the electronic delivery of financial services, as well as the broader legal framework for mobile commerce, privacy, and data security.