Closely regulated, vulnerable to intense government scrutiny, and subject to litigation, financial institutions must persevere to succeed and grow in a difficult, often hostile regulatory environment.
Pryor Cashman’s Financial Institutions Practice provides comprehensive representation to banks and other financial institutions. Co-led by a former federal bank regulator and a former member of the U.S. Attorney’s office, we couple an insider’s perspective with decades of experience handling negotiations with bank regulators. Our team includes skilled banking litigators with experience handling intra-agency appeals, regulatory enforcement proceedings and receivership lawsuits, government criminal investigations, and internal investigations.
What We Do
The lawyers in our Financial Institutions Practice advise on and assist with:
- Forming and growing banking businesses
- Maintaining the good standing critical for ongoing investment and growth in a highly regulated environment
- Advising on mergers and acquisitions
- Responding appropriately to regulatory inquiries
- Defending against enforcement actions
- Handling government investigations
- Litigating receivership lawsuits
Guidance Through the Regulatory and Administrative Maze
We guide clients through the regulatory process for controlling and noncontrolling acquisitions, structuring investments to comply with the government’s rigorous requirements, and additional regulatory matters. Our practice has substantial experience dealing with bank regulatory and administrative issues, including supervision and examination of federally chartered and state-chartered commercial banks, savings banks, foreign banks, and their domestic branches, and financial technology companies.
Advising on Mergers and Acquisitions
We help clients identify and evaluate strategic and financial acquisition targets and suitors and provide the legal support needed to expand into markets dominated by large banks. Additionally, we prepare and submit all necessary regulatory filings, including change-in-control and bank merger applications, and guide clients through the regulatory approval process.
Advocating in Administrative Proceedings and Civil Litigation
When banks, their boards of directors and senior management face investigations and enforcement actions, we defend them before federal banking agencies, including the Federal Deposit Insurance Corporation (FDIC), the Office of the Comptroller of the Currency (OCC) and the Federal Reserve Board (FRB), as well as state agencies.
In many cases, we have defeated unwarranted enforcement actions and have enabled clients to flourish in a heated regulatory environment.
Our lawyers also represent directors and officers of troubled and failed banks in FDIC receivership and enforcement actions seeking civil money penalties and bar and prohibition orders.
Representing Targets and Witnesses in Criminal Actions
Our team has substantial experience representing individuals in complex criminal cases from investigation through trial. This depth of experience in the most serious of criminal matters allows us to advise individuals and institutions in every phase of government investigations, including challenging parallel civil and criminal investigations.
In addition to representing targets of investigations and neutral witnesses, we also represent victims of criminal activity who are seeking government assistance.
Internal Investigations
We regularly represent banks and boards of directors who are conducting internal investigations into potential misconduct by officers or directors. In addition, we represent individuals who are the subject of an internal investigation. In any investigation, we advise our clients concerning the potential collateral consequences of the internal investigation on potential civil or criminal government investigations.
