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Schwartz & Ballen LLP was formed in 1995 by Gilbert T. Schwartz
and Robert G. Ballen. With over fifty years of combined public
and private sector experience in nearly all areas of financial services law, Messrs. Schwartz and
Ballen are highly regarded for their contributions to significant legal developments now governing
the financial services industry. The firm represents financial institutions before federal and
state legislatures as well as regulatory agencies including the Federal Reserve, Comptroller of
the Currency, Federal Deposit Insurance Corporation, Office of Thrift Supervision, National Credit
Union Administration and state banking departments. We represented clients in connection with
Congressional action resulting in the enactment and implementation of the Gramm-Leach-Bliley Act,
widely considered the most important financial services legislation in recent years.
Our clients include financial institutions such as banks, insurance companies and securities firms. We also represent clearing houses involved in the processing and settlement of checks, electronic payments and other transactions. Our clients also include technology companies and other providers of services to financial institutions. Business Plans, Transactions and Approvals We counsel our financial institution clients on the legal issues relating to their business plans and transactions, including review and preparation of operating procedures, analysis of transactions, the relationship between banking and non-banking operations, preparation and/or review of transactional or other documentation, resolution of capital issues, and securing approval from federal and state agencies. We work closely with our clients on developing electronic banking products and services, assist in the preparation of applications to government agencies, and provide counsel on how best to structure transactions to facilitate application approval. We also maintain an active practice in the regulatory impact of securitization transactions, including the effects of various structures on bank capital requirements. Regulatory Examinations We actively assist our clients with the regulatory examination process by conducting comprehensive pre-examination reviews of their operations to identify areas where improvement is needed, and we then facilitate the implementation of changes. We advise clients on how to respond to examiners in order to resolve issues raised during the course of an examination, as well as assist clients in responding to regulatory and other enforcement actions. Compliance We work with our financial institution clients to ensure compliance with all applicable U.S. banking laws, including consumer laws such as the Truth-in-Lending Act, Fair Credit Reporting Act, Electronic Fund Transfer Act, anti-tying prohibitions, the USA Patriot Act, the Bank Secrecy Act and related money laundering statutes, lending limitations, the Bank Holding Company Act, and other laws and regulations that affect the activities of financial institutions. E-Commerce We provide counsel on issues relating to proposed and developing electronic commerce laws including federal and state digital signature legislation, the Uniform Computer Information Transactions Act (UCITA) and the Uniform Electronic Transactions Act (UETA). In addition to regulatory and legislative counseling, we have drafted operating agreements and system rules, and we are working on stored value products and smart card for universities and transit systems. We advise clients on new and emerging electronic commerce systems including digital signature and certificate authorities. Expert Witnesses We serve as expert witnesses in cases relating to banking, financial institutions and payments law. We also advise trial counsel on developing legal strategies and theories. |
| Updated: 06/19/2003 |