Bradley’s Banking & Financial Services Practice Group counsels finance clients on their unique and particularly complex legal needs, whether these pertain to litigation, regulations and compliance, or other corporate matters. Representing a broad range of banks, lenders, and financial services institutions across the U.S., we provide experienced, proactive guidance on a broad spectrum of legal issues, including litigation, regulatory compliance, enforcement & investigations, privacy & cybersecurity, licensing, corporate governance, banking, and bankruptcy.
Bradley’s Banking & Financial Services practice is nationally ranked by:
Our Financial Services Litigation team represents some of the nation’s largest banks and lenders in complex litigation matters across the country. We have deep experience in disputes involving mortgage servicing and origination, auto lending, and a broad range of retail banking issues. Our attorneys regularly defend claims brought under federal statutes such as TILA, RESPA, FCRA, FDCPA, and SCRA, as well as a variety of state law tort and contract claims. With experienced litigators admitted in nearly every state, we are uniquely positioned to manage high-volume and high-stakes matters efficiently and effectively.
We are known for our ability to navigate the evolving regulatory landscape and aggressively defend against individual and class action lawsuits. Our team is particularly skilled at developing litigation strategies that minimize risk while aligning with our clients' business objectives. Whether handling a single dispute or coordinating nationwide litigation portfolios, we bring practical insight and consistent execution to every case. Clients rely on us not only for our legal knowledge but also for our industry-specific experience. Our goal is to deliver results that protect our clients' reputations and bottom lines.
Bradley assists providers of consumer financial products and services, their service providers, and national trade associations in understanding, analyzing, and complying with applicable laws, regulations and investor/agency guidelines.
Our team regularly analyzes the impact of proposed and recently enacted laws, drafts comment letters, and assists with implementation and change management projects for entities of all sizes. From large national banks to new non-bank startups, our team partners with clients to ensure their operations comply with applicable state and federal laws, agency expectations, and other mandates. These services include analyzing unique and challenging compliance inquiries, quantifying risk in the decision-making process, and drafting policies, procedures, and consumer-facing notices.
We also assist financial institutions before, during, and after state and federal agency examinations and other third-party reviews as our clients undergo the unavoidable exercise of having to demonstrate and prove how they comply with applicable laws. From running mock examinations, providing support when responding to information and document requests, or responding to allegations of non-compliance, we provide our clients with support and guidance at all stages of their examinations.
Our nationwide practice has experience with the laws of all U.S. states and territories across nearly all financial products and services. Our strategic footprint allows us to conduct and provide reasonably priced research and regulatory change management services so that our clients can confidently navigate the increasingly complex and challenging landscape. In an era of heightened regulation and regulatory oversight, Bradley is a trusted partner for all compliance needs.
Bradley represents financial institutions in various government enforcement actions and investigations, such as federal and state investigations; banking and regulatory examinations; audits by the Fannie Mae, Freddie Mac, FHA, VA, and USDA; civil investigative demands (CIDs) and subpoenas; examinations and enforcement actions by the Consumer Financial Protection Bureau (CFPB), Office of the Comptroller of the Currency (OCC), and Federal Deposit Insurance Company (FDIC); and qui tam actions, particularly related to the False Claims Act (FCA). We resolve most investigations prior to the issuance of a consent order or filing of a lawsuit, often working directly with the relevant agencies. Notable work includes representing a major subservicer to identify and implement corrective actions in response to a consent order issued by the OCC and representing a nonbank subservicer to resolve multiple cease and desist orders issued on the same day.
If a lawsuit becomes unavoidable, our attorneys are ready to litigate forcefully. For example, Bradley achieved summary judgment after a two-month FCA trial. Additionally, we conduct confidential internal investigations to address compliance and government inquiries, efficiently managing voluminous documentation; identifying necessary corrective actions to address the root cause of any issues; and responding to requests appropriately. Our activities include investigating allegations, interviewing witnesses, and documenting findings, auditing existing documentation and correspondence, presenting findings and recommending corrective actions, and liaising with agencies. We handle cases involving multistate banking regulators, HUD, federal banking agencies (OCC and FDIC), and CFPB examinations. Moreover, we assist clients with inquiries from state attorney generals, the Department of Justice (DOJ), HUD’s Office of the Inspector General (OIG), and U.S. attorneys. We also help clients navigate increased regulator focus on servicer oversight of third-party vendors, ensuring compliance with standards required by entities such as the Office of the Comptroller of the Currency (OCC)and Federal Reserve System, Fannie Mae and Freddie Mac, and the Federal Housing Authority (FHA).
At Bradley, our Cybersecurity & Privacy Practice Group delivers pragmatic solutions to help clients effectively manage cybersecurity risks and privacy concerns. Combining deep knowledge with a multidisciplinary approach, we guide clients through mitigating risk, limiting liability, and addressing complex IT security challenges. Our team is led by one of the nation's first board-certified privacy and information security attorneys, alongside ANSI-certified privacy professionals, and members of state bar committees who shape cybersecurity legislation. With backgrounds in regulatory agencies and financial institutions, our advisors provide insights grounded in current legal frameworks and adaptive to the evolving business, legal, technology, and regulatory environments. We bring together attorneys from various practice groups across multiple states and the District of Columbia, forming targeted teams to offer customized counsel. This ensures clients receive precise guidance suited to their industry sector and regulatory needs at every stage of the data management life cycle. Bradley’s Cybersecurity & Privacy Practice Group helps clients stay ahead in the rapidly shifting legal landscape, ensuring their strategies are proactive and robust.
Bradley’s well-regarded Financial Services Licensing team provides comprehensive state law and licensing solutions across the financial industry. Our attorneys assist a variety of types of financial services companies, including residential mortgage lenders, brokers, and servicers, commercial mortgage lenders, brokers, and servicers, consumer finance companies, motor vehicle finance companies, sales finance companies, real estate brokers, student loan lenders and servicers, debt collectors, appraisal management companies, money service businesses, and fintech innovators working across the financial spectrum. The practice is routinely hired to assist with some of the most complex and noteworthy transactions in the financial services space. Professionals in the group regularly counsel clients on the licensing aspects pertaining to formation of financial services companies and strategic acquisitions. In addition, Bradley’s Financial Services Licensing team regularly interacts on behalf of financial services companies with federal and state regulatory agencies, both in adversarial and non-adversarial matters. Finally, the team is well equipped to assist companies in obtaining new licenses to ensure that their licensing footprint matches the goals and compliance obligations of the business.
Our Corporate Governance team is dedicated to providing clients with comprehensive and practical guidance to ensure effective management and compliance within their organizations. We understand the importance of strong corporate governance frameworks in fostering ethical conduct, risk management, and sustainable growth. Our services encompass advice on the development and implementation of governance structures, policies, and procedures that align with best practices and regulatory requirements. We assist clients in drafting and reviewing board charters, bylaws, and governance policies to ensure clarity and compliance. Bradley's team supports boards and executive management with strategic governance planning, helping to establish effective decision-making processes and oversight mechanisms. We offer counsel on board composition, director responsibilities, and succession planning to enhance the capability and diversity of leadership teams.
We also advise clients on compliance with federal and state corporate governance regulations, including the Sarbanes-Oxley Act, Dodd-Frank Act, and Securities and Exchange Commission (SEC) requirements. Our guidance extends to risk management practices, including developing internal controls and audit functions that mitigate risks and ensure accountability. For public companies, Bradley provides detailed insights into shareholder relations and prepares for annual meetings, proxy statements, and shareholder communications, ensuring transparency and adherence to regulatory standards. We have extensive experience navigating complex governance issues that arise during mergers and acquisitions, providing due diligence and integration support to maintain governance continuity and integrity.
Bradley’s corporate governance attorneys combine meticulous attention to detail with a forward-thinking approach, ensuring our clients are well-equipped to address current challenges and anticipate future needs in the ever-evolving corporate governance landscape.
Bradley's Banking practice offers comprehensive support for financial institutions, covering every aspect of operations from transactional and corporate issues to lending, compliance, and interactions with government programs. We assist with state and federal regulatory compliance matters, capital market activities, and the chartering and formation of new banks, including de novo banks. Our team is adept at facilitating public and private capital raising methods, such as bank note offerings and regulatory capital creation, and boasts one of the nation's most active M&A practices for the acquisition and sale of financial institutions.
We are skilled in managing tax credits, particularly Low-Income Housing Tax Credits, New Market Tax Credits, and tax increment financing. Our lending focus includes healthcare and mortgage warehouse transactions, while we also handle the sale and purchase of distressed debt. Additionally, Bradley attorneys identify and manage environmental risks associated with lending and branch acquisitions and sales, ensuring clients are fully aware of potential liabilities. We leverage our extensive experience and proactive approach to help clients navigate the complex and dynamic banking landscape effectively.
Our Bankruptcy Compliance & Consumer Bankruptcy Litigation team has represented almost every major financial services company in the country. Through our deep bankruptcy experience and grasp of the relevant facts in each case, we work to negotiate early resolutions with opposing counsel. When an early resolution is not feasible, we zealously represent our clients’ positions before the bankruptcy court while containing costs as much as possible. Our attorneys have extensive experience in representing financial services clients in litigation in bankruptcy courts, having handled hundreds of matters for them over the years in an efficient and effective manner. These matters include defending adversary proceedings, Rule 2004 examinations, discharge violations, violations of an automatic stay, violations of confirmation orders, and violations of numerous other bankruptcy statutes and rules, as well as non-bankruptcy claims, including FCRA, FDCPA, RESPA, and TILA allegations. Many of our attorneys have also been seconded as in-house counsel, where they gained unique perspective, knowledge, and experience.
Bradley also has significant experience working with the Executive Office for United States Trustees (EOUST), individual United States trustees, and working groups of Chapter 13 trustees. These discussions involve nationwide practices where we advocate for our clients’ positions, focusing on the realities of operational challenges. We have also negotiated nationwide settlements regarding servicer bankruptcy practices with the EOUST. Additionally, we work hand in hand with our clients to prepare for meetings or examinations with state or federal agency examinations or other third-party reviews to assist our clients with demonstrating how they comply with applicable laws.
Bradley’s banking and financial services attorneys have demonstrated their preeminence and leadership in a number of prominent professional organizations, including:
