Moore & Van Allen Law Firm, Attorneys

Financial Regulatory Advice and Response

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Moore & Van Allen’s Financial Regulatory Advice and Response Team combines the experience of former general counsels from some of the largest international financial institutions with that of our seasoned regulatory attorneys and our team of white collar and regulatory defense attorneys that defend institutions under investigation by regulators around the world.  Our team understands that advising clients in today’s complex multi-regulator environment requires not only great depth of knowledge about U.S. regulations and the regulators at issue, but also how those challenges relate to and affect other international regulatory regimes and priorities that our clients also face.

Experience

Moore & Van Allen’s Financial Regulatory Advice and Response team advises clients on a wide variety of complex regulatory compliance matters, including Comprehensive Capital Analysis and Review (CCAR), Recovery and Resolution Planning, Risk Data Aggregation, the Volcker Rule, consumer finance regulations, and bank secrecy and anti-money laundering regulations.

We regularly advise clients with matters before or issues regulated by the Federal Reserve, OCC, FDIC, CFTC, SEC, and other government regulators.  We have also prepared clients for interactions with Congress and assisted with drafting proposed legislation.   Our clients rely on our experience and pragmatic approach developed through years of experience managing and advising on the legal and reputational risks financial institutions face.

We can also effectively and efficiently assist when there are challenges to our clients’ regulatory compliance efforts.  We represent clients in high-stakes domestic negotiations, investigations, and disputes involving the Federal Reserve, OCC, SEC, DOJ, CFTC, OIG, DOL, various U.S. Attorneys’ Offices, and the IRS as well as state attorney general’s offices and other state actors such as the New York Department of Financial Services, and other government authorities in the United States.  Our experience with these domestic governmental entities enables us to navigate high-stakes negotiations with the utmost professional judgment.

Fortune Global 500 companies entrust us with some of their most complex, cross border investigations and responses to government inquiries—including those in Canada, Europe, Asia, Latin America, and South America.  Our team regularly represents clients, and partners seamlessly with local attorneys, in matters involving foreign regulatory bodies, including the U.K. Financial Conduct Authority, the European Commission, the Monetary Authority of Singapore, the Hong Kong Monetary Authority, the Japan Financial Services Agency, Banco Central de la República Argentina (the Central Bank of Argentina), the Comissão de Valores Mobiliários (the Brazilian Securities Commission), and the Secretaria da Receita Federal (the Brazilian Federal Revenue Office) to name some.  Our team is also highly proficient in leading thorough, credible, cost-efficient, and confidential internal investigations - often times working across multiple investigating government agencies and countries.  We lead multinational defense and investigatory engagements by working closely with in-country counsel with whom we have long standing relationships to leverage their knowledge and reduce costs while simultaneously applying U.S. style defense strategies.

Representative Matters

Our team members regularly advise clients on a wide range of regulatory matters including:

  • Regularly advising a Fortune 50 financial institution on its obligations under CCAR to estimate potential losses associated with ongoing and scenario driven litigation and regulatory matters.
  • Regularly advising a Fortune 50 financial institution on its Recovery and Resolution Planning requirements, including drafting playbooks, consulting on training for their boards of directors, reviewing the adequacy of legal analysis on potential creditor challenges, and reviewing draft bankruptcy filings.
  • Advising a Fortune 50 financial institution on its compliance with a consent order with certain U.S. regulatory authorities.
  • Providing a legal opinion to a G-SIFI financial institution on its compliance with its Risk Data Aggregation requirements.
  • Advising a financial institution on ensuring compliance of its whistleblower hotline with its obligations under Sarbanes-Oxley.
  • Advising a financial institution on the application of the Volcker Rule to proposed and current business models and products.
  • Reviewing corporate structure and governance for regulatory compliance and efficiency.
  • 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.
  • Reviewing and advising on appropriate structure, governance, and processes for cross border activities, including cross border wealth management and trading, and assessing the impact of bank secrecy and anti-money laundering laws and regulations with regard to such activities in multiple jurisdictions.
  • Advising clients on compliance with flood insurance requirements.
  • Advising fintechs on a wide array of regulatory issues both as start-ups and as vendors to large banks.
  • Advising on appropriate merchant banking activities by financial institutions.
  • Advising clients on cybersecurity regulatory assessments.
  • Advising financial institutions on anti-tying obligations.
  • Advising a client on the implications of the FDIC’s guidance on brokered deposits on a proposed program to facilitate the online and mobile acquisition of deposits.
  • For a G-SIFI, review the regulatory rules, standards and guidance applicable to operational risk programs.  Based on the review, define and describe the requirements of the applicable rules, standards and guidance.

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