What We Do

Provide regulatory and compliance advice to banks, credit unions, financial services and financial technology companies, and third-party service providers

• Help clients prepare for and manage regulatory exams

• Draft management responses to Supervisory Letters and Reports of Examination

• Advise clients on regulatory questions pertaining to the Equal Credit Opportunity Act (ECOA), Fair Housing Act (FHA), Truth in Savings Act, Fair Credit Reporting Act (FCRA), Electronic Fund Transfer Act (EFTA), Federal Trade Commission Act (FTC Act), Dodd-Frank Act provisions prohibiting unfair, deceptive, and abusive acts and practices (UDAAP), Bank Secrecy Act (BSA), and other consumer protection laws and regulations

• Response to preliminary finding letters, 15-day letters and other pre-enforcement correspondence

• Advise clients on strategies for disputing or restoring CRA, compliance and CAMELS ratings with their examiners

• Draft formal and informal supervisory appeals

• Advise clients on fair and responsible banking issues, including matters that involve disparate impact, disparate treatment, redlining, pricing, underwriting, steering, product development, sales and marketing, social media, overdraft and other deposit account practices, credit reporting, servicing, collections, loss mitigation, and unfair, deceptive, or abusive acts and practices

• Provide fair and responsible banking training to staff, executives and boards of directors

• Build and maintain fair lending monitoring and testing programs

• Advise clients on regulatory expectations and best practices for corrective action and remediation for self-identified program weaknesses and regulatory violations

• Develop Special Purpose Credit Programs

• Conduct fair lending and UDAAP risk assessments

• Assist clients in their interactions with consumer groups and civil rights groups

• Assist clients in developing, assessing, and enhancing compliance management systems, compliance programs, vendor management programs, and complaint management programs

• Draft and revise policies and procedures governing compliance with consumer protection statutes and regulations

• Perform due diligence of companies in connection with a potential acquisition and represent clients that are the subject of a due diligence in connection with a potential business partnership or acquisition

• Advise clients on board governance and management issues

• Advising clients on bank regulatory issues, including supervisory appeals and relations, merger and acquisition strategy, affiliate transactions, brokered deposits, federal preemption and rate exportation, and industrial loan company matters, including questions pertaining to the Federal Reserve Act (FRA), Federal Deposit Insurance Act (FDIA), National Bank Act, Bank Holding Company Act (BHCA), and other banking laws and regulations

• Assist banks with transition into Consumer Financial Protection Bureau jurisdiction upon crossing $10 billion in assets or other thresholds for becoming a supervised entity

• Advise clients on de novo banking applications, branch applications, merger and acquisition applications, licensing applications, and applications to change primary bank regulators

We represent financial service clients in state and federal government investigations involving alleged violations of consumer protection statutes and regulations, BSA/AML obligations, safety and soundness requirements and licensing requirements

Assist clients with responses to government requests for data and documents and interrogatories

Prepare responses to preliminary finding letters, 15-day letters and NORA letters

Provide strategic advice to companies negotiating terms of Memorandums of Understanding and consent orders with state and federal regulators and enforcement agencies

Conduct internal investigations involving employee complaints, whistleblower allegations, BSA/AML matters and enterprise-wide compliance issues

Prepare reports of internal investigations for delivery to boards of directors, regulators, enforcement agencies and consumer advocacy organizations

Defend and advise financial service providers in a broad array of complex litigation issues, including RICO, TILA, FDCPA, BSA/AML, ECOA, UDAAP laws, and common-law torts

Defend mortgage lenders and servicers in complex litigation, class actions, and appellate litigation

Defend clients in individual and class action cases involving labor and employment law claims

Defend mortgage servicers and lender-placed insurance providers in dozens of putative class actions and parallel government investigations (including state regulatory agencies) regarding lender-placed insurance practices

Defend executives of publicly traded companies in securities class actions and parallel SEC investigations into securities fraud issues

We provide strategic legal and business advice to fintechs in a start-up phase to help them evaluate their business model, licensing requirements, and other requisite foundational requirements for launching their business

Perform state law surveys of licensing and other legal requirements

Facilitate introductions of clients to potential bank partners and service providers

Serve as fractional outside counsel to fintech companies through all stages of development from formation to exit on a broad array of corporate, regulatory, legal, strategic, and investor matters

Assist clients in navigating and complying with the complex maze of federal and state banking and financial services laws and regulations, as well as develop and strengthen their compliance processes and practices

Represent clients during investor and bank regulatory due diligence reviews

Develop compliance management systems, compliance programs, vendor management programs, complaint management programs

Draft policies and procedures to govern regulatory compliance, business operations, credit risk and third-party relationships

Advise clients, explore, negotiate, and implement relationships with banks, lenders, third-party service providers, and other financial services companies

Draft and negotiate contracts and other written agreements with business partners and service providers

Advise clients on the development and launch of their products, services and technology in a manner that complies with state and federal regulations and leverages strategies that get them to market as quickly as possible

Advise clients on a variety of state and federal lender, servicer, broker, and money transmission licensing and registration matters in the context of novel products, services, and business models

Assist clients in preparing licensing and registration applications, draft communications with licensing authorities, and oversee necessary steps to obtain agency approvals

Represent fintechs in pre-enforcement matters, voluntary information requests, third party investigative demands, investigations and enforcement actions brought by federal and state regulatory and enforcement authorities, including the CFPB, DOJ, FTC, state departments of financial services and state Attorneys General

We assist clients in structuring, negotiating, documenting and closing mergers, stock and other equity interest purchases and sales, asset purchases and sales, spin-offs and other transactions, as well as transition services and other agreements related to those transactions.

We assist clients in raising funds through the offering, issuance and sale of equity and other securities, in purchases and sales of minority interests in other companies, and in joint venture initiatives.

We advise both buyers and sellers in purchases and sales of loans and servicing rights (including mortgage loans and mortgage servicing rights), receivables, and other assets across a broad spectrum of companies operating in the financial services industry.

We represent service providers and their counterparties in the negotiation and documentation of all manner of services contracts, program and platform agreements, including master services agreements, program agreements, servicing and subservicing arrangements, SaaS and PaaS agreements, and private-label solutions. We leverage our deep knowledge of regulatory expectations and guidance related to many aspects of these services arrangements.

Together with our Fintech group, we advise clients exploring, negotiating, and implementing relationships with banks, lenders, third-party service providers and other financial services companies, and negotiate and document the necessary agreements to get the product to market while navigating a dynamic regulatory environment. Our client engagements include both banks and Fintechs seeking collaborative business relationships.

We provide guidance to clients in choosing the right structural approach to a new business or potential acquisition, be it a limited liability company, corporation or other entity, and on selecting the right management and governance structure to manage business and regulatory risks. We also partner with our Fintech, Regulatory Compliance and Mortgage Regulatory practice groups in counseling clients on considerations with respect to ownership and control that may be of unique concern in the regulated financial services industry.

Mitchell Sandler’s foundation is built on serving financial institutions, mortgage lenders, other financial service providers, and the fintech industry.  The White Collar Defense and Corporate Investigations Group builds on that expertise by helping those same organizations:  (1) implement robust compliance programs; and (2) defend against high-stakes criminal proceedings, government investigations, and enforcement actions.  Our team of former federal prosecutors, regulators, and seasoned defense attorneys brings decades of experience representing clients in government inquiries and defending them against actions initiated by the:

• U.S. Department of Justice (DOJ)

• U.S. Securities and Exchange Commission (SEC)

• U.S. Department of Housing and Urban Development (HUD)

• Financial Industry Regulatory Authority (FINRA)

• Consumer Financial Protection Bureau (CFPB)

• Commodity Futures Trading Commission (CFTC)

• Office of the Comptroller of the Currency (OCC)

• Federal Reserve Board (FRB)

• Federal Trade Commission (FTC)

• Financial Crimes Enforcement Network (FinCEN)

• Federal Deposit Insurance Corporation (FDIC)

• Small Business Administration (SBA)

• Office of Foreign Assets Control (OFAC)

• State Attorneys General

Our team also has extensive experience leading complex internal investigations aimed at uncovering potential wrongdoing, mitigating its impact, and strengthening future compliance.   

For banks and credit unions, we focus on Bank Secrecy Act and Anti-Money Laundering (BSA/AML) compliance and enforcement matters often involving Suspicious Activity Reports (SARs), Know Your Customer (KYC) protocols, and beneficial ownership requirements.  We are also highly attuned to the Trump administration’s emphasis on combating government program fraud affecting banks and credit unions, including issues related to the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) program.

For mortgage lenders, banks and other financial service providers, we enhance the firm’s core fair lending and consumer protection practices by representing clients in cases involving allegations of fraud and serious misconduct, as well as cybersecurity and data privacy issues.  For example, we represent mortgage lenders in defending against government allegations of misstatements or omissions involving the Federal Housing Authority (FHA), Department of Veterans Affairs (VA), Department of Agriculture (USDA), and other government-backed loan programs.  We also represent financial services clients in cases involving:  (1) straw borrower schemes tied to money laundering; (2) illegal kickback schemes related to improper business referrals; (3) misleading borrowers or investors about the allocation and use of funds; and (4) other similar fraud schemes.  These illicit activities can lead to severe penalties, including substantial fines, loss of licensure, and, in extreme cases, imprisonment. 

For fintech and digital asset clients operating at the forefront of finance and innovation, our team provides strategic, forward-looking counsel to navigate evolving regulatory landscapes.  We advise and defend crypto and digital asset companies on complex AML and data security compliance requirements as they adapt to heightened scrutiny.  When serious allegations arise—such as misleading investors, customers, or regulators through Ponzi schemes, pump-and-dump schemes, misstated financial performance, or money laundering—we deliver experienced defense to protect our clients’ operations, reputation, and future.

Fortune 500 companies, corporate executives, and public officials turn to our White Collar Defense and Corporate Investigations team to lead thorough, independent internal investigations into potential misconduct, regulatory violations, and corporate governance failures.  Drawing on decades of experience as former federal prosecutors, regulators, and seasoned defense attorneys, we uncover critical facts, advise boards and executive teams, and develop strategies to manage risk, respond to regulators, and strengthen compliance frameworks.  

Our team regularly handles investigations involving the Department of Justice (DOJ), Securities and Exchange Commission (SEC), and virtually every other federal agency with investigative authority.   We also have broad capabilities and extensive experience handling matters at the state level, including investigations by State Attorneys General and enforcement agencies. 

Our team conducts internal investigations across a broad spectrum of issues, including whistleblower complaints, governance and ethics reviews, anti-bribery and corruption matters, and other legal and regulatory violations.  We also handle healthcare and construction fraud cases, accounting and disclosure matters, securities trading reviews, and code-of-conduct inquiries.  Our approach is discreet, efficient, and aligned with our clients’ business priorities.

Mitchell Sandler regularly advises boards of directors, audit committees, and special committees in connection with their most sensitive and complex matters.  Our work includes independent investigations into allegations of corporate misconduct, oversight of financial reporting and internal controls, and counsel on fiduciary duties and regulatory compliance.

With deep experience advising at the board level, our attorneys bring both legal acumen and strategic insight to help clients navigate crises, mitigate liability, and uphold good governance.  We are frequently retained as independent counsel to conduct internal reviews involving senior management and regulatory risk, and we partner closely with management, in-house counsel, and external auditors to ensure integrity and transparency throughout the process.

Our team represents financial institutions, mortgage lenders, fintech companies, digital asset platforms, and all other manner of publicly and privately traded businesses in complex securities and commodities enforcement actions.  With deep experience, we offer strategic defense in matters involving securities fraud, Anti-Money Laundering (AML) violations, market manipulation, insider trading, and disclosure failures.   We routinely advise clients navigating scrutiny from the DOJ, SEC, FINRA, CFTC, FinCEN, CFPB, and state regulators, especially in the fast-evolving areas of cryptocurrency, DeFi, stablecoins, token offerings, and mortgage-backed assets.

Our team guides financial institutions, public and private companies, hedge funds, accounting firms, investment advisers, and individuals through complex investigations, regulatory hearings, litigation, and enforcement actions.  We are skilled negotiators adept at securing favorable settlements, and when litigation is unavoidable, our seasoned trial lawyers bring a strong record of success in the courtroom.

Our FINRA enforcement and arbitration team represents broker-dealers, registered representatives, investment advisers, and other financial services professionals in regulatory investigations, disciplinary proceedings, and customer disputes.  From responding to Wells Notices and 8210 information requests to defending against allegations of breach of fiduciary duty, unauthorized trading, and churning, our attorneys understand the nuances of complex trading environments and the challenges associated with FINRA actions.

We offer strategic counsel and vigorous defense to companies, financial institutions, and individuals facing government scrutiny or internal compliance challenges involving BSA/AML rules and regulations.  Under Trump 2.0, BSA/AML compliance remains top-of-mind for enforcement regulators and prosecutors.  We work closely with clients to manage examinations and pre-enforcement inquiries, respond to subpoenas and other government inquiries, and, when necessary, defend against criminal or civil proceedings brought by DOJ, FINRA, FinCEN, bank regulators, or state authorities. 

We also work closely with clients to strengthen their compliance programs, offering tailored training, strategic guidance, and hands-on support in drafting and refining internal policies and procedures.  Our team helps financial institutions and financial service providers navigate the often-complex landscape of AML compliance, ensuring that their programs meet evolving regulatory expectations.  We also represent clients in state criminal and civil investigations and provide practical counsel on voluntary and mandatory self-disclosures, helping mitigate risk and protect institutional reputation.

Our corporate clients are, from time to time, targeted by embezzlement and other forms of corporate theft.  These incidents often involve sophisticated financial schemes and raise critical compliance and governance concerns.  Our team has deep experience conducting discreet internal investigations to uncover the full nature and scope of the misconduct.   We are also highly skilled at preparing comprehensive investigative reports, which frequently serve as effective roadmaps for law enforcement in pursuing criminal prosecution against the wrongdoers.

Corporate theft strikes at the core of a company’s integrity and trust.  Those responsible should be held accountable, and a clear message should be sent to others within the company that embezzlement and similar misconduct will not be tolerated.   At Mitchell Sandler, we are fully committed to standing with our clients to uphold their values, protect their reputation, and ensure a culture of accountability and compliance.Item description

At Mitchell Sandler, we help companies navigate some of their most sensitive internal matters.  Our attorneys conduct independent, thorough investigations into potential ethics violations, fraud, conflicts of interest, and other forms of employee misconduct.  We are frequently called upon by boards and senior leadership to assess facts, manage risk, and report findings with credibility and discretion.

In addition to investigations, we work with clients to strengthen compliance programs and foster a culture of accountability.  Whether responding to whistleblower allegations, preparing for regulatory review, or enhancing existing compliance infrastructure, our team brings deep regulatory knowledge and practical insight to every engagement.

The health care industry makes up a huge piece of the U.S. economy; nearly one in every five dollars spent.  Our team of former federal prosecutors, regulators, and seasoned defense attorneys represent key sectors of that industry, including providers, hospitals, executives, and other stakeholders in high-stakes government investigations and enforcement actions.  We regularly defend clients in matters involving the False Claims Act (FCA), Anti-Kickback Statute (AKS), Stark Law, and allegations of billing fraud, upcoding, off-label marketing, and improper financial arrangements.  We also assist with internal investigations, subpoenas and Civil Investigative Demand (CID) responses, and voluntary self-disclosures, always focusing on minimizing disruption and protecting our clients’ businesses, reputations, and professional licenses.

In the life sciences space (including biotechnology, pharmaceutical, diagnostics, and medical device companies), we bring a nuanced understanding of the unique regulatory and competitive challenges companies face across all stages of growth.  Whether responding to government inquiries or proactively managing compliance, we deliver tailored, practical solutions grounded in deep industry knowledge and enforcement experience.

Our team has extensive experience defending clients in complex matters under the False Claims Act (FCA), including high-stakes whistleblower lawsuits (known in legal circles as “Qui Tam” actions).  We represent health care providers, government contractors, financial institutions, and other entities facing allegations of fraud, improper billing, kickbacks, and violations of federal funding requirements.

We regularly respond to Department of Justice (DOJ) and Office of Inspector General (OIG) investigations, conduct internal reviews, and advise clients on voluntary disclosures and corporate compliance programs.  Whether negotiating favorable resolutions or mounting a robust defense in litigation, our attorneys draw on our enforcement experience to guide clients through every stage of an FCA matter.

We also closely monitor the Trump administration’s new Civil Rights Fraud Initiative, which encourages prosecutors to pursue FCA cases against companies that promote Diversity, Equity, and Inclusion (DEI) policies, even when there is no allegation of fraud or other wrongdoing relating to the government funding program.  This unprecedented application of the FCA raises significant legal and constitutional questions. Mitchell Sandler’s attorneys are well-positioned to defend clients against these novel enforcement actions.

Our White Collar Defense and Corporate Investigations team has significant experience representing government contractors and subcontractors in criminal, civil, and administrative matters involving allegations of procurement fraud.   We routinely defend clients in cases involving bid rigging, bribery/kickbacks, corporate theft, and violations of the Buy American Act and Trade Agreements Act, in addition to our core False Claims Act (FCA) practice.   Our attorneys understand the complexities of government procurement and the high stakes involved in defending against fraud allegations.  We guide clients through internal investigations, responses to subpoenas and Civil Investigative Demands (CIDs), and parallel proceedings involving DOJ and virtually every other investigative agency.  We also advise contractors on voluntary and required disclosures, suspension and debarment risks, and developing or enhancing compliance programs to mitigate enforcement exposure and maintain eligibility for future government work.

Our corporate oversight practice is recognized by judges and other stakeholders for its experience representing clients as court-appointed fiduciaries.  We serve as independent monitors, receivers, and trustees, providing strategic counsel to corporations and individuals subject to such oversight.  We handle matters involving complex financial fraud, conflicts of interest, corporate theft, and other allegations of wrongdoing.  Whether conducting court-sanctioned fraud investigations, overseeing asset recovery in a receivership, or ensuring compliance with a deferred prosecution agreement, we bring a commitment to integrity, independence, and result-driven strategies to every engagement.

Over the past decade, whistleblower complaints have risen dramatically, driven in large part by government financial reward programs that incentivize individuals to report potential misconduct.  These programs include both confidential submissions to regulatory agencies and private lawsuits filed under the False Claims Act (FCA) (commonly known in legal circles as “Qui Tam” actions) that allow whistleblowers to share in any government recovery. 

Our attorneys have significant experience defending clients against these claims and guiding them through the often-opaque investigative processes used by whistleblowers and government enforcement agencies.  We regularly represent clients in matters involving the Department of Justice’s (DOJ) Qui Tam program, the Securities and Exchange Commission’s (SEC) whistleblower program, and similar initiatives run by the Internal Revenue Service (IRS) and the Commodity Futures Trading Commission (CFTC). 

Whether a corporate matter is raised internally or disclosed by government agencies, we guide clients from the outset.  Our team conducts thorough internal investigations, evaluates the credibility and scope of allegations, and provides counsel on potential disclosure obligations.  We also take a strategic approach to minimize enforcement risks, safeguard privilege, and, when appropriate, engage proactively with regulators to resolve matters confidentially and favorably.

At Mitchell Sandler, we represent corporations, executives, and public officials in connection with congressional investigations and oversight inquiries.  These matters often unfold under intense public scrutiny and can carry significant legal, regulatory, and reputational consequences.  We help clients prepare for Congressional hearings, respond to document requests and subpoenas, and engage strategically with committee staff to manage the scope and impact of the inquiry.

Congressional investigations often run in parallel with enforcement actions by federal agencies, and we are skilled at crafting unified defense strategies that account for potential criminal or regulatory exposure.  We also bring a comprehensive understanding of the political, legal, and procedural dynamics that shape these investigations.  We protect our clients not only from legal liability, but from reputational and operational harm that can follow public inquiries at the highest levels of government.Item description

We handle a broad spectrum of cybersecurity and data privacy challenges—from routine compliance matters to complex, high-stakes issues where the legal landscape is unsettled and enforcement risks are significant.  Navigating the evolving patchwork of federal, state, and international data protection laws, including the General Data Protection Regulations (GDPR), Health Insurance Portability and Accountability Act (HIPPA), and Federal Information Security Modernization Act (FISMA), requires a well-designed compliance framework.  We help clients develop and implement programs and strategies that mitigate risk, ensure regulatory alignment, and protect sensitive information.

In the event of a data breach or cybersecurity incident, we provide strategic counsel at every stage; from initial detection and containment to regulatory disclosure and post-incident remediation.  Our team works swiftly and effectively to minimize legal exposure, protect brand reputation, and ensure compliance with breach notification requirements.  We also handle enforcement actions brought by the Federal Trade Commission (FTC), Department of Health and Human Services (HHS), Consumer Financial Protection Bureau (CFPB), State Attorneys General, Federal Reserve, and other regulators, defending against allegations of non-compliance with data privacy laws and deficiencies in cybersecurity practices.

We represent companies, senior executives, and boards of directors in high-stakes environmental investigations and enforcement actions initiated by federal and state regulators, including the U.S. Department of Justice (DOJ) and the Environmental Protection Agency (EPA).  Our team has substantial experience against alleged violations of the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and other key environmental statutes.  Our environmental defense practice also includes a strong criminal component.  We have successfully represented high-ranking public officials in complex criminal proceedings such as the nationally significant Flint Water crisis litigation.

We understand how environmental cases are built; from civil penalties to criminal prosecutions.  We guide clients through every stage of the enforcement process, including responding to EPA subpoenas, DOJ Civil Investigative Demands (CIDs), State Attorney General investigations, and grand jury proceedings.  We also assist clients in conducting internal investigations, making voluntary or required disclosures, and engaging with regulators to negotiate favorable settlements or non-prosecution agreements. When necessary, our trial-ready team is equipped to defend against criminal charges or civil claims involving environmental violations.

As federal enforcement priorities shift under the Trump administration, State Attorneys General and other state and local authorities have increasingly stepped in to fill the void, expanding their oversight role across a broad range of regulatory and criminal matters.  Our team is well equipped to meet this challenge, with years of experience defending clients in state and local enforcement actions across the country.

Whether responding to routine fraud allegations or navigating complex, multi-jurisdictional investigations, we understand how to manage state-specific legal frameworks and regulatory regimes to protect our clients’ interests and achieve favorable outcomes.  For example, we successfully represented senior public officials in the widely publicized Flint Water crisis prosecutions brought by the Michigan Attorney General’s Office.  As a result of our defense, one client was not charged and the other client’s charges were entirely dismissed.

The Trump administration’s focus on foreign investment and U.S. interests abroad has brought sanctions and export control laws to the forefront.  Our team is expert in navigating the complex and overlapping frameworks enforced by the Department of the Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry and Security (BIS), and the State Department’s Directorate of Defense Trade Controls (DDTC).

We help clients understand and comply with U.S. sanctions and export regulations, including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR).  We also design and implement robust compliance programs tailored to the client’s industry, geographic reach, and risk profile.  When potential violations arise, we conduct privileged internal investigations, assess risk exposure, and guide clients through voluntary self-disclosures to regulatory agencies thereby minimizing or avoiding penalties.  Whether clients are entering new markets, responding to an inquiry, or facing a full-scale enforcement action, our team offers responsive, strategic counsel backed by years of experience at the intersection of global trade and white collar defense.

Our FCPA and Anti-Corruption attorneys represent companies and executives across a range of industries in complex and bet-the-company matters involving the FCPA and other anti-bribery and corruption laws.  Our team has extensive experience advising clients on risk mitigation, compliance program development, and internal investigations, as well as defending against government investigations and enforcement actions brought by the Department of Justice (DOJ), Securities and Exchange Commission (SEC), and foreign regulators.

We assist clients with the complexities of navigating cross-border anti-corruption challenges, offering proactive counsel on international business transactions, third-party due diligence, and corporate governance practices.  When investigations arise, we provide strategic guidance throughout the process, ranging from responding to subpoenas and Civil Investigative Demands (CIDs) to negotiating settlements or defending clients in court.  Our deep understanding of the FCPA’s requirements allows us to offer clients pragmatic, tailored solutions to prevent and address violations of anti-bribery and corruption laws.