Our practice group brings together a global team of lawyers to advise international banks, broker-dealers, hedge funds, investment advisers and diversified financial services companies about their current and prospective activities or investments in the United States. We have experience working with financial service companies from around the world, including companies based in Australia, Belgium Canada, China, France, Germany, Italy, India, Ireland, Japan, Korea, the Netherlands, Pakistan, Portugal, Singapore, Spain, Sweden, Switzerland and the United Kingdom.
We offer our international financial services clients a comprehensive range of transactional and advisory services, including:
- Representation before U.S. federal and state banking regulators;
- Advice on syndicated lending transactions, capital markets and funding initiatives;
- Advice on joint ventures and mergers and acquisitions in the U.S.;
- Assistance in developing new products and services;
- Guidance in conducting international securities sales, underwriting and asset management activities; and
- Advice related to threatened and actual enforcement actions in the United States.
We also advise our global clients on the impact of key U.S. banking laws and regulations, including the U.S. Bank Holding Company Act, the Dodd-Frank Act, the USA PATRIOT Act and the Gramm-Leach-Bliley Act, as well as various EU directives and regulations.
Working cooperatively across offices and in conjunction with other experienced professionals within the firm, our Banking and Financial Services lawyers have assisted our global financial services clients with the following:
- Evaluating and structuring investments in and acquisitions of U.S. banks and non-banking companies.
- Advising on the establishment of U.S. banking and non-banking offices, including branches, agencies, subsidiaries and representative offices.
- Securing regulatory approvals from the Federal Reserve, the OCC, the FDIC and state banking departments, including the New York State Department of Financial Services.
- Structuring the U.S. activities and investments of foreign financial institutions to achieve institutional goals within applicable U.S. regulatory limitations.
- Developing new financial products and services, including internet-based banking services.
- Creating or revising line-of-business and compliance policies and procedures, including those relating to general corporate compliance risk management, anti-money laundering, cybersecurity and vendor management.
- Addressing regulatory agency enforcement actions and instituting remedial measures.
- Establishing global private banking and trust programs.
- Organizing broker-dealer affiliates of banks.
- Developing funding programs, including certificate of deposit, commercial paper and medium-term note programs.
- Developing appropriate hedging, derivatives and securities lending strategies.
- Structuring securities offerings, including Rule 144A offerings, ADRs/GDRs, trust-preferred securities, CDOs, subordinated debt and covered bonds.
Representative Matters
- Represented European, Asian and Latin American banks in their efforts to establish or acquire U.S. operations, and provided ongoing regulatory and compliance advice relating to those operations.
- Worked with foreign bank clients to prepare the extensive policies and procedures required to commence U.S. business operations through U.S. branch offices.
- Assisted global banking clients in analyzing and responding to supervisory actions affecting their operations, including capital and liquidity issues.
- Represented international banks seeking to access U.S. commercial paper and medium-term note markets.
- Represented agent banks in syndicated lending transactions.
- Assisted international banks in developing policies and procedures for trade finance, foreign exchange, lending and Treasury operations in the United States.
- Represented major international banks in responding to enforcement actions initiated by the NYDFS and FRB.
- Provided counsel and advice on issues relating to confidentiality of supervisory information, applicability of U.S. and non-E.S. laws in specific situations and development of cross-border compliance programs.