Arif H. Ali
Washington, D.C. +1 202 261 3307
London +44 20 7184 7557
Dechert is a trusted advisor to financial institutions worldwide, with extensive sector experience built upon a century-long heritage of bank representations. Our experience and track record is well chronicled with regard to M&A transactions and contests for control, marketplace lending and financial technology, federal and state bank regulation, systemic stability regulation and bank enforcement and litigation.
Dechert’s financial institutions and bank regulatory practice is built on the decades of experience our lawyers have in advising large, regional, foreign and community financial services companies, their holding companies and investors, private and registered funds, and asset managers with regard to the most complex transactional, regulatory, litigation and enforcement challenges that confront them.
Our practice includes former government officials and regulators who, throughout their careers, have been at the forefront of developments in the industry.
Financial services companies value our practical experience in guiding their compliance with regulatory challenges and the development of alternative structures, transactions and operations impacted by the hundreds of rules stemming from the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) and the balance of federal and state regulation which impact nearly every aspect of their business structuring controlling and non-controlling investments in banks, pursuing de novo bank charters, and interpreting the scope and application of the Volcker Rule and the Federal Reserve Board’s (FRB) merchant banking rules.
We appear for our clients before the:
We assist banks and trust companies with the establishment of collective trust funds, but most often work with investment managers that partner with banks or trust companies in order to make their investment management services available to retirement plan investors. In addition, our lawyers:
The Volcker Rule imposes substantial compliance requirements on a banking entity’s board of directors and management. Our lawyers are uniquely positioned to advise clients on these matters.
The Bank Holding Company Act (BHCA) and the Change in Bank Control Act (CBCA) each impose requirements on banks and their parent holding companies and affiliates with respect to filing obligations and permissible activity limitations. Our lawyers have broad experience in interpreting these statutes and related regulatory agency guidance and are uniquely positioned to assist clients on these matters:
Top-ranked for M&A by the most prominent league tables and legal directories, Dechert advises clients engaged in mergers, tender and exchange offers, leveraged buyouts, cross-border transactions, going-private transactions, strategic alliances, collaborations and joint ventures, acquisitions, divestitures, proxy contests, and special committee assignments.
During the planning phase, we analyze tax and regulatory implications and conduct risk assessments.
Our interdisciplinary team handles every aspect of complex regulated transactions, including mergers between healthy banks, controlling and non-controlling investments in banks by private equity or hedge funds and FDIC-assisted acquisitions of failed institutions.
Whether advising a target or acquiring a company regarding sale, responding to an unsolicited “bear hug”, implementing a corporate restructuring, devising anti-takeover measures, conducting a proxy contest or consent solicitation, or litigating the many issues that arise in such contested situations, Dechert lawyers have been there on behalf of clients.
Dechert’s bank regulatory lawyers have extensive experience in working on corporate transactions which require regulatory approvals.
We regularly handle many of the most complex bank and financial institution enforcement cases, whether working to prevent charges from being filed, mounting a proactive defense, negotiating a settlement, or handling pretrial and trial advocacy.
Similarly, with an experienced regulatory eye, we handle internal investigations on behalf of companies and their boards of directors relating to regulatory violations, disclosure issues, accounting irregularities, whistleblower matters, money laundering, insider transactions, financial statement irregularities, regulatory filings, market timing and insider trading issues, among others.
We also assist our clients in navigating related complex issues, particularly where third party lawsuits have been brought or are threatened, and whistleblowers, criminal prosecutors or grand juries complicate the investigation.
Our lawyers have handled dozens of ground-breaking lawsuits in a variety of federal and state courts involving a wide range of bank regulatory policies, actions, transactions and regulations.
We have extensive experience consumer financial services and payments matters and have represented banks and companies in investigations and proceedings brought by the CFPB, other bank regulatory agencies and the DOJ.
Dechert lawyers have deep experience advising on federal receivership issues related to the FDIC. Additionally, we possess a thorough understanding of the impact of FDIC receivership rules on the claims and counter-claims that arise when a bank’s parent holding company files for bankruptcy. We regularly represent creditors, investors and borrowers in the claims and receivership resolution process, as well as related lawsuits against FDIC Receivers.
Our lawyers have appeared before the Financial Stability Oversight Council (FSOC) and its various subcommittees, commented on or challenged its pronouncements and designations regarding systemically important financial institutions (SIFIs) on behalf of large insurance companies, non-depository financial institutions and private as well as registered investment funds and managers.
We have also submitted a variety of comments to the FSOC and the Financial Stability Board (FSB) on a wide range of systemic issues and policies impacting our clients and their potential designation. We have also participated in the first litigation against FSOC, filing an amicus brief in support of MetLife’s challenge to its designation as a SIFI.