Joseph Lynyak

Financial Service Regulatory Advice

• Represents clients in matters before the OCC, the Federal Reserve Board, the FDIC, the CFPB and the FTC and comparable state financial service agencies
• Handles the organization, licensing and operation of insured institutions, as well as holding companies, subsidiaries and affiliates
• Counsels clients on the inter-relationships among federal and state statutes and regulations, including the Dodd-Frank Act, the National Bank Act, the Home Owners’ Loan Act, the Gramm-Leach-Bliley Act, the Sarbanes-Oxley Act, the federal Bank and Savings and Loan Holding Company Acts and similar laws and regulations
• Represents foreign banks operating in the United States, and provides regulatory and compliance advice to representative, agency and branch offices, including interfacing with the Federal Reserve Board during the examination process

Compliance and Enforcement

• Advises clients on numerous compliance issues arising from the implementation of the Dodd-Frank Act, including Volcker Rule compliance, revised prudential regulatory requirements, living wills, as well as foreign bank compliance with newly adopted Regulation K obligations
• Actively participates in the preparation for, and conduct of, the examination and supervision of financial institutions by the federal banking agencies, including the new examination oversight by the CFPB
• Regularly defends financial service companies and their affiliates in enforcement actions, including administrative hearings, the negotiation of cease and desist orders, UDAAP actions and proposed imposition of civil money penalties

Consumer and Retail Financial Products and Operations

• Advises on the Consumer Financial Protection Bureau and its Regulations B, C, E, Z, CC and DD, among others, special statutes applicable to mortgage lenders such as RESPA, the Fair Credit Reporting Act and the Fair Housing Act, as well as comparable state statutory and regulatory requirements
• Provides guidance and has extensive experience in the complex area of fair lending
• Drafts state-compliant lending and deposit documents, including the preparation of state consumer compliance surveys

Mortgage Lending

• Advises financial institutions and mortgage bankers on compliance matters with respect to federal consumer mortgage protection statutes and implementing regulations, such as the Truth-in-Lending Act, the Real Estate Settlement Procedures Act, the Equal Credit Opportunity Act, the Home Mortgage Disclosure Act, the S.A.F.E. Act, the Community Reinvestment Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, as well as with the statutes and regulations of all 50 states dealing with residential mortgage lending
• Advises and coordinates obtaining state mortgage lending licenses, including S.A.F.E. Act compliance for lenders and mortgage originators

GSE Representation

• Experienced in legal issues presented by the mortgage GSEs, as well as several of the Federal Home Loan Banks
• Advises on Charter Act issues and evolving Federal Housing Finance Agency examination and supervision concerns, including housing goal requirements, electronic underwriting systems and reputational legal concerns

Commercial Lending

• Advises clients throughout the U.S. in regard to commercial licensing, structures and operational considerations
• Represents large and small portfolio lenders, structured finance entities and factoring companies

Litigation

• Defends financial intermediaries in a variety of administrative enforcement actions, including cease and desist, civil money penalty actions, as well as the defense of fair lending allegations
• Defends officers and directors of failed FDIC-insured banks (and holding companies) against claims brought by the FDIC as receiver
• Defends lending class actions for financial intermediaries in the retail financial service arena
• Coordinates national and local defense strategies for clients

Innovative and Emerging Delivery Systems

• Counsels clients on legal issues presented by the emerging alternative payment and product delivery systems
• Advises clients regarding interstate lending and deposit concerns, electronic underwriting systems, interstate licensing, Internet payment alternatives and similar electronic media legal issues

Legislation

• Analyzes proposed federal and state legislation, the negotiation of proposed solutions with consumer groups, trade associations and lobbyists, and similar activities

• Defense representation of former officers and directors of failed FDIC banks