Regulatory Examinations

BuckleySandler attorneys possess an unparalleled level of knowledge and experience in representing clients in financial services-related regulatory examinations. Every day, our attorneys are assisting banks and other financial institutions in connection with regulatory examinations and supervision matters initiated by state and federal regulatory agencies.  Our clients benefit from the depth and breadth of our regulatory and enforcement practice as we help to guide them through the examination process. That experience also allows us to provide practical advice regarding day-to-day compliance matters raised by examination concerns and to provide effective litigation risk management strategies.

Our attorneys:

• Assist with pre-examination preparation
• Work with in-house counsel to coordinate responses to routine examinations; “cause” examinations; “sweep” or special examinations; and “oversight” examinations
  • Conducting internal investigations to fully understand relevant facts
  • Assisting with document review and production, including privilege review and determining whether to produce the privileged documents under Section 18(x) of the FDIC Act 
  • Understanding the strength of the legal basis for the regulator’s concern
• Facilitating engagement with regulators throughout the examination process to ensure the most favorable outcome, including interim status reports and exit interviews
  • Drafting detailed submissions to explain why bank activities were legal and consistent with safe and sound operations
  • Representing individual employees being interviewed by the regulators
• Preparing and coordinating the response to the examination report
• Recommending, coordinating and monitoring corrective action steps

BuckleySandler helps clients in responding to regulatory examination from various financial services regulators, including:

• Federal Reserve Board (FRB)
• Office of the Comptroller of the Currency (OCC)
• Federal Deposit Insurance Corporation (FDIC)
• Consumer Financial Protection Bureau (CFPB)
• Federal Trade Commission (FTC)
• Securities and Exchange Commission (SEC)
• Department of Justice (DOJ)
• State bank regulators
• State mortgage banking regulators, including under the new multi-state exam procedures

We routinely handle regulatory examination matters involving:

• Fair and Responsible Lending
• Unfair or deceptive acts or practices (UDAP)
• Mortgage servicing
• Servicemembers Civil Relief Act (SCRA)
• Privacy and data security