Legal Practice at the FDIC
The practice of law at the FDIC reflects the broad nature of the FDIC's work as well as its unique statutory powers. Unlike many federal agencies, the FDIC has independent litigating authority and our attorneys are able to practice before all courts as well as administrative tribunals. FDIC attorneys develop case strategy, write briefs, and appear in court for arguments on behalf of the Corporation. FDIC attorneys maintain active practices in the following areas:
Bank regulatory matters
- Developing, drafting, and providing legal opinions on legislation, regulations, and policy statements relating to insured depository institutions;
- Providing advice on deposit insurance coverage, and assessments of insured depository institutions, and consumer protection laws;
- Providing advice and technical assistance to foreign countries that are developing deposit insurance programs;
- Working closely with examiners to ensure compliance with banking and consumer protection laws and regulations, while maintaining the continued safety and soundness of insured depository institutions;
- Providing advice to bank innovators and fintechs in deploying new technology and innovative solutions;
- Working on the development of new “reg-tech” strategies to meet the supervisory challenges of evolving technological advances in payment systems, digitalization, machine learning and artificial intelligence; and
- Preparing and litigating enforcement cases before administrative law judges and in federal courts.
Litigation
- Litigating multimillion dollar actions against financial institution directors, officers, attorneys, accountants and other parties when negligence and/or malpractice contributed to the failure of insured depository institutions;
- Managing large, complex commercial litigation arising out of the business lines of failed institutions, as well as civil and other claims owned by receiverships;
- Coordinating the FDIC's anti-fraud efforts with the Department of Justice, prosecutors, and FBI agents across the country in the investigation and prosecution of criminal conduct in insured depository institutions;
- Defending the FDIC against challenges to its statutory authority and appeals from its administrative determinations; and
- Serving as the agency’s subject matter experts on E-Discovery, including supporting the E-Discovery work of the Legal Division, as well as other FDIC divisions and offices consistent with FDIC and Legal Division policies, and developing policy and training on E-Discovery best practices (both for the FDIC and as lead of the Federal E-Discovery Working Group).
Complex Financial Institutions
- Providing legal advice on the FDIC’s responsibilities under the Dodd Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) involving complex financial institutions;
- Supporting the FDIC’s execution of policies and program initiatives concerning the development of resolution strategies and resolution planning for complex financial institutions;
- Reviewing and assessing resolution plans developed by complex financial institutions under the Dodd-Frank Act; and
- Participating in the FDIC’s international outreach and coordination efforts with regard to the resolution of complex financial institutions.
Resolution and Receivership Matters
- Providing legal advice on the FDIC’s receivership, conservatorship, and bridge depository institution responsibilities under the Federal Deposit Insurance Act;
- Developing, drafting, and providing legal opinions on legislation, regulations, and policy statements relating to the FDIC’s activities as receiver of an insured depository institution or covered financial company;
- Developing resolution, receivership, and marketing strategies for failed banks involving hundreds of millions of dollars in deposits and loans; and
- Providing legal advice and counsel on a wide variety of transactional and oversight matters related to the FDIC’s receivership authorities, including loan and asset sales and securitization, franchise sales, securities sales, tax law, structured financial transactions, corporate law, commercial law, real estate law, mortgage servicing rights, and environmental law.
Corporate practice
- Providing legal opinions on a wide range of topics, including statutory powers of the FDIC, the role of the FDIC as a federal agency, and corporate governance;
- Handling all labor and employment issues, including administrative hearings on employee-related matters and negotiations with the bargaining unit representative;
- Providing high ethical standards by providing advice and guidance on avoiding conflicts of interest, and supporting and providing a variety of dispute resolution and conflict management services in conjunction with other FDIC divisions and offices;
- Handling FDIC contracting, including contracting for the services of outside counsel; and
- Addressing Legal Division information technology needs and issues.
For more information, email your questions to HonorsAttorneyProgram@fdic.gov