Attorneys in Morrison & Foerster’s cross-disciplinary Financial Services Enforcement Practice regularly represent depository and non-depository financial services respondents in a wide array of inquiries, investigations, administrative proceedings, and lawsuits initiated by the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), Federal Deposit Insurance Corporation (FDIC), Department of Housing and Urban Development (HUD), Federal Reserve Board, Office of the Comptroller of the Currency (OCC), Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), and state financial regulators and attorneys general. Our clients recognize that the current financial and regulatory environment makes all the more valuable the Firm’s unmatched combination of sophisticated financial regulatory capabilities, industry-specific enforcement and litigation expertise, in-depth understanding of financial markets, and wealth of experience with financial services regulators. Should an inquiry, examination, or investigation give rise to an enforcement or supervisory action, we draw on our deep substantive and procedural knowledge to provide pragmatic assessments of downside risks and prospects for acceptable and efficient resolution. If necessary, we aggressively litigate enforcement matters in administrative and judicial proceedings, as well as in appeals.
Financial services companies increasingly face the need to get ahead of potential violations before regulators initiate action. Our clients look to us to assist them in identifying potential risks and remediating those risks in advance of government action. We regularly work with in-house compliance and legal professionals to review policies and procedures, prepare gap analyses, and conduct unfair, deceptive or abusive acts or practices (UDAAP) reviews. We also assist management, audit committees, and special litigation committees with enterprise, product, or business-line specific risk assessments and internal investigations.
Agency actions can create special issues for public companies, and our securities regulatory and litigation lawyers assist companies with the disclosure obligations and regulatory and litigation exposure that may arise. In addition, the expansion in civil regulatory enforcement has led to an increased risk for individual executive liability and for criminal prosecution referrals. We represent corporate and individual clients in all stages of federal and state civil and criminal proceedings, and have resolved numerous complex and highly visible matters through out-of-court advocacy and negotiation with authorities.
We represent and advise clients on a full range of matters, including:
Our attorneys, including several veteran bank regulatory lawyers and litigators, have represented financial institutions before the government and in private litigation for more than 50 years. Our team includes attorneys who formerly held senior positions with the CFPB, the CFTC, the SEC, the Federal Reserve Board, the FTC, and the DOJ.
The Enforcement Blog
“…seamlessly able to mesh its regulatory, litigation and enforcement capability to provide a compelling proposition for clients engaged in high-profile consumer finance disputes.”
(Legal 500 2015)
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(Chambers USA 2014)
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(Chambers USA 2013)
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(Operational Risk & Regulation Awards 2013)
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