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    Banking and Financial Services Law
    Practice Area

    Banking and Financial Services Law

    Washington, DC
    Multi-State Practice
    Overview

    Counsel from attorneys who have been on the inside

    Cogent Law provides expert legal counsel to financial institutions, fintech companies, and businesses navigating the complex and rapidly evolving landscape of banking regulation, consumer finance law, and regulatory compliance.

    Banking and financial services law sits at the intersection of federal oversight, state regulation, and rapid industry innovation. Whether you are a community bank managing examiner relationships, a fintech navigating licensing requirements, or a lender structuring complex financing arrangements, having experienced legal counsel is essential to operating safely and profitably.

    Our banking attorneys do not just know the regulations. They have lived them. With backgrounds that include serving as general counsel, chief risk officer, chief compliance officer, BSA officer, state bank regulator, and director of compliance at institutions ranging from community banks and credit unions to national banks and global card and payment systems operations, our team brings firsthand institutional experience to every engagement. We have appeared before the Federal Reserve, the OCC, the FDIC, and state banking authorities, and we understand what regulators expect because we have worked alongside them.

    One of our attorneys spent over a decade inside a financial institution, building and growing a high-risk banking program from the ground up into a significant, sustainable revenue source while maintaining full regulatory compliance. That kind of experience, gained not in a law office but on the floor of a compliance department, shapes how we advise clients on program strategy, examiner readiness, and long-term risk management.

    That depth of experience, combined with over 35 years advising clients across banking, consumer finance, and financial services regulation, means we deliver practical, strategic guidance grounded in how institutions actually operate.

    Counsel in this practice: Chris Van Dyck, Mark Dabertin.

    Who We Serve

    Who needs banking and financial services legal counsel?

    01Banks and credit unions — Community banks and credit unions navigating examiner expectations, BSA/AML obligations, third-party oversight, and evolving federal and state regulatory requirements.
    02Fintech companies — Payment processors, digital lenders, e-wallet providers, and other fintech innovators seeking licensing, compliance, and regulatory guidance across jurisdictions.
    03Non-bank lenders and MCA providers — Marketplace lenders, merchant cash advance companies, and alternative finance providers managing true lender issues, securities compliance, and state usury exposure.
    04Mortgage and consumer lenders — Lenders requiring counsel on TRID, Regulation Z, ECOA, HMDA, CFPB compliance, and consumer protection obligations across federal and state frameworks.
    05Bank-fintech partnerships — Banks and fintech companies structuring sponsor bank arrangements, participation-based lending programs, and third-party relationships requiring robust compliance frameworks.
    06Cryptocurrency and digital asset businesses — Crypto exchanges, custody platforms, and blockchain-based businesses navigating money transmission laws, licensing, and federal regulatory frameworks.
    07Financial institutions exploring high-risk or specialized banking programs — Institutions evaluating whether to launch or expand programs that require elevated due diligence, robust BSA/AML infrastructure, and documented FinCEN guidance compliance. Our team has built these programs from within and understands what it takes to make them both compliant and profitable.
    Our Approach

    How Cogent Law can help

    Cogent Law provides comprehensive legal support across the full scope of banking and financial services law. Our services include:

    01Regulatory compliance and safety and soundness — Compliance management system development, BSA/AML program design, and risk management frameworks aligned with OCC, FDIC, and Federal Reserve examiner expectations. We regularly advise boards of directors and executive management on governance obligations and regulatory duties.
    02Bank examination support — Preparation for and management of regulatory examinations conducted by the OCC, FDIC, Federal Reserve, and state banking authorities. We counsel clients through the full examination cycle, from pre-exam preparation through response strategy and remediation planning.
    03Consumer finance law — Guidance on the Truth in Lending Act, RESPA, ECOA, HMDA, Fair Credit Reporting Act, UDAP, CFPB regulations, and the full range of federal and state consumer protection requirements affecting lenders, servicers, and card issuers.
    04Bank-fintech arrangements — Structuring and documenting sponsor bank relationships, participation-based lending programs, and third-party fintech arrangements. We advise on OCC, FDIC, and Federal Reserve guidance governing these relationships and help clients build compliant, durable program structures.
    05Regulatory enforcement defense — Representation in regulatory enforcement proceedings, including response to consent orders, memoranda of understanding, cease and desist orders, civil investigative demands, and government investigations. We counsel institutions facing troubled condition determinations and prompt corrective action directives.
    06Complex contracts and commercial lending — Drafting and negotiation of deposit and loan agreements, MCA agreements, ACH and treasury management agreements, participation arrangements, and other complex financial services contracts across consumer and commercial contexts.
    07Cards and payment systems — Legal counsel on card program compliance, payment systems regulation, Electronic Funds Transfer Act obligations, and the structuring of retail banking products and services, drawing on direct experience managing compliance for large-scale card and payment operations.
    08BSA/AML and FinCEN compliance — Development and implementation of BSA/AML programs, know-your-customer policies, suspicious activity reporting frameworks, and FinCEN guidance interpretation. We advise institutions on building compliance infrastructure that satisfies examiner expectations and supports the responsible growth of programs serving higher-risk account holders. We represent financial institutions before the Department of Justice, FinCEN, and state law enforcement agencies on anti-money laundering matters.
    09High-risk banking program strategy and implementation — End-to-end counsel for institutions launching or expanding programs that require elevated due diligence and specialized compliance infrastructure. Our attorneys have built these programs from the inside, with direct responsibility for regulatory compliance, examiner relationships, program growth, and profitability strategy. We advise on depository account agreements, lending covenants, onboarding frameworks, fee structures, and return on investment analysis.
    Key Benefits

    Banking and Financial Services Legal Services

    Compliance management system development
    BSA/AML program design and review
    Bank examination preparation and management
    Third-party and vendor oversight frameworks
    True lender and valid-when-made analysis
    Merchant cash advance structuring and compliance
    CFPB regulatory response and enforcement defense
    Federal and state consumer lending compliance
    Bank-fintech partnership documentation
    MCA securities law compliance
    Cards and payment systems compliance
    ACH, treasury management, and deposit agreements
    Consent order and MOU response and remediation
    Board and management governance advisory
    FinCEN guidance interpretation and implementation
    High-risk banking program design and growth strategy
    Depository account agreements and lending covenants for specialized programs
    Fee structure and ROI analysis for new or expanded banking programs
    Free Resource

    How to Successfully Launch and Grow Your Cannabis and Hemp Banking Program

    A practical roadmap for financial institutions building or scaling compliant cannabis and hemp banking programs.

    Download Free Guide
    Our Process

    What to Expect When Working With Cogent Law

    Step 01
    Initial consultation

    We begin with a thorough review of your business model, regulatory posture, and legal objectives to assess your needs and identify the right strategy.

    Step 02
    Tailored legal strategy

    Based on your specific goals, we develop a customized compliance and legal plan addressing your regulatory exposure, contractual needs, and operational priorities.

    Step 03
    Transparent pricing

    Wherever possible, we offer flat-fee arrangements so you know upfront what to expect, with no surprises.

    Step 04
    Collaborative engagement

    We act as your strategic partner, maintaining clear and consistent communication at every stage of your legal and regulatory engagement.

    Step 05
    Ongoing support

    As regulations evolve and your business scales, we remain by your side to provide continued legal guidance, compliance updates, and regulatory counsel.

    Step 06
    Availability

    Attorneys that answer the phone when you call.

    Explore Further

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    FAQ

    Frequently Asked Questions: Banking and Financial Services Law

    We represent banks and credit unions, fintech companies, non-bank lenders and MCA providers, mortgage and consumer lenders, bank-fintech partnerships, cryptocurrency and digital asset businesses, and institutions exploring high-risk or specialized banking programs.

    Our attorneys have held the roles our clients hold. Their backgrounds include general counsel, chief risk officer, chief compliance officer, BSA officer, state bank regulator, and director of compliance at community banks, credit unions, national banks, and global card and payment systems operations.

    Yes. We counsel clients through the full examination cycle for the OCC, FDIC, Federal Reserve, and state banking authorities — pre-exam preparation, examiner communications, response strategy, and remediation planning.

    Yes. We represent institutions in regulatory enforcement proceedings, including consent orders, memoranda of understanding, cease and desist orders, civil investigative demands, and government investigations, including troubled condition determinations and prompt corrective action directives.

    Yes. We develop and review BSA/AML programs, KYC policies, and suspicious activity reporting frameworks, interpret FinCEN guidance, and represent institutions before the Department of Justice, FinCEN, and state law enforcement agencies on anti-money laundering matters.

    Yes. We structure and document sponsor bank relationships, participation-based lending programs, and third-party fintech arrangements consistent with OCC, FDIC, and Federal Reserve guidance.

    Yes. Our attorneys have built these programs from inside financial institutions. We advise on program design, elevated due diligence and onboarding frameworks, depository account agreements, lending covenants, fee structures, examiner readiness, and ROI analysis.

    Call Cogent Law at 202-644-8880 or submit the contact form and we will follow up to discuss your compliance needs, examination strategy, or regulatory challenges.