Nixon Peabody’s Bank Regulatory team provides a full spectrum of legal services to banks and non-bank providers of financial services. We have successfully designed and executed a wide variety of complex banking, finance, and corporate transactions and represented financial institutions in a broad array of complex matters. Clients receive customized services on their schedule with maximum efficiency.
Regulated financial institutions
We have assisted holding companies, banks, thrifts, and trust companies on a wide variety of regulatory issues involving privacy, data breach, CRA, corporate governance, enforcement matters, branching, consumer credit, new powers, and other federal and state operational regulatory matters. We have also assisted clients with state and federal legislative representation.
Bank mergers and acquisitions
Our attorneys have represented holding companies, banks, thrifts, and trust companies in connection with their formation and merger with other institutions, the acquisition and sale of entire banks or bank assets, sale of subsidiaries, sale of loan and lease portfolios, and sale of participation interests in loans. We have also assisted banks and bank holding companies in raising new capital through public offerings and private placements of debt and equity and worked on transactions involving Subchapter S issues and considerations.
Insurance regulatory
Our experienced, interdisciplinary attorneys represent all sectors of the insurance industry, including health maintenance organizations, reinsurers, third-party administrators, agents, brokers, rate-making organizations, insurance pools, risk purchasing and risk retention groups, and risk managers. Our clients include many of the nation’s largest insurance companies.
Credit card programs
We have helped establish credit card programs, including private label and affinity credit cards.
Additionally, attorneys from a variety of legal disciplines come together to work jointly on matters such as:
- Corporate trust and issuer services—we work with a broad spectrum of corporate trust and issuer services matters. For one client, a major regional bank, we have served as outside general counsel for essentially all of its corporate trust/issuer services work for 90 years.
- Commercial and real estate lending—our attorneys are routinely involved in the preparation and negotiation of all types of loan arrangements, including real estate projects, asset-based lending, loans to ESOPs, direct and third-party lease financings, and industrial development bond financings.
- Litigation—we regularly represent financial institutions and lenders in both state and federal court on matters ranging from lien law disputes to data breach litigation.
Update on the Kilgore Ninth Circuit appeal: California's public injunction exception escapes for another day, but the en banc court reads the exception to arbitration narrowly and rejects plaintiffs' attempt at artful pleading
Class Action Alert | April 16, 2013
CFPB proposes amendments to the ability-to-repay and qualified mortgage rules
Regulated Financial Institutions Alert | March 15, 2013
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Gabelli v. SEC
Securities Litigation Alert
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March 1, 2013
Don't "put the cart before the horse": Supreme Court rejects Amgen's argument that securities fraud plaintiffs must prove materiality of alleged misrepresentations at the class certification stage
Class Action Alert
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February 28, 2013
Can a company director always obtain access to the advice of counsel that was provided to the company?
Commercial Litigation Alert
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February 27, 2013
Qualified mortgages vs. qualified residential mortgages
Regulated Financial Institutions Alert
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February 26, 2013
RMBS repurchase litigations — how to win or lose the war of the experts when proving breach and damages at trial
Corporate Trust and Banking and Financial Services Litigation Alert
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February 15, 2013
Federal banking regulators issue proposed guidance and seek comments on use of social media by banks, credit unions, and savings associations
Privacy Alert
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February 11, 2013
Collateral manager vindicated as SEC drops claims alleging disclosure violations in $1.1 billion CDO Squared offering
Securities Law Alert
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November 21, 2012
First Circuit faults bank for "one-size-fits-all" approach to cyber security measures
Banking and Financial Services Litigation Alert
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August 1, 2012
The enforceability in bankruptcy proceedings of waiver and assignment of rights clauses within intercreditor or subordination agreements
Bankruptcy Law Alert
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January 24, 2012
SSAE 16 replaces SAS 70 as the new service auditor standard
Privacy Alert
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July 8, 2011
Extensive audits for data transfers involving the EU
Privacy Alert
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July 8, 2011
U.S. Supreme Court strikes down Vermont’s Prescription Confidentiality Law
Privacy Alert
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July 1, 2011
Governor Chafee signs law to protect social security numbers
Privacy Alert
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June 14, 2011
SEC charges brokerage executives with failing to protect confidential customer information
Privacy Alert
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April 12, 2011
Court decisions hint at approval of forum selection clauses in corporate bylaws
Corporate Responsibility Alert
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February 1, 2011
Department of Commerce proposes sweeping privacy reforms
Privacy Alert
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December 20, 2010
Legislation aimed to protect the privacy of Social Security numbers cleared Congress
Privacy Alert
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December 13, 2010
Red Flag Program Clarification Act of 2010 passes in the House
Privacy Alert
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December 10, 2010
New York Court of Appeals affirms in pari delicto doctrine to prevent lawsuits against outside advisors
Banking and Financial Services Litigation Alert
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October 27, 2010
The role and construction of risk committees
Corporate Responsibility Alert
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August 11, 2010
Dodd-Frank Act's creation of the Consumer Financial Protection Bureau leads to enhanced privacy safeguards for consumers and their pockets
Privacy Alert
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August 3, 2010
Dodd-Frank Act alters preemption rules for national banks and federal thrifts
Banking and Financial Services Litigation Alert
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July 28, 2010
Employer's right to audit text messages upheld
Privacy Alert
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June 22, 2010
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