Federal and state “fair access” or “anti-debanking” laws and regulations have been evolving quickly over the last five years, closely tracking the changing U.S. political climate. These laws and regulations are designed to ensure that financial institutions make their services available without discriminating against individuals or businesses engaged in lawful activity that may be viewed as controversial or politically sensitive. The “fair access” requirements generally prohibit financial institutions from denying or cancelling services to customers based on factors such as political opinions, religious beliefs, and environmental, social and governance (ESG) standards. While the intent of such laws and regulations is to promote impartiality, they introduce significant challenges to the financial sector.

Financial institutions should prepare for revived activity on fair access laws at both the federal and state levels under the new administration.

Continue reading the full GT Alert.

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Photo of Marina Olman-Pal Marina Olman-Pal

Marina Olman-Pal, Co-Chair of the firm’s Financial, Regulatory & Compliance Practice, advises foreign and U.S. financial institutions on a broad range of regulatory matters including licensing, acquisitions, divestitures, compliance with Bank Secrecy Act (BSA)/anti-money laundering (AML) laws and regulations, and compliance with Office…

Marina Olman-Pal, Co-Chair of the firm’s Financial, Regulatory & Compliance Practice, advises foreign and U.S. financial institutions on a broad range of regulatory matters including licensing, acquisitions, divestitures, compliance with Bank Secrecy Act (BSA)/anti-money laundering (AML) laws and regulations, and compliance with Office of Foreign Assets Control (OFAC) sanctions programs. Marina counsels a wide range of companies in the financial services sector including, domestic and foreign banks, gaming companies, money services businesses including money transmitters, cryptocurrency businesses, Fintech companies and digital payment companies. Throughout her career, Marina has represented clients before U.S. regulators such as the Federal Reserve, OCC, FDIC, FinCEN, OFAC, the Florida Office of Financial Regulation and other state supervisory authorities. Marina also regularly develops anti-money laundering programs for a wide range of financial services businesses and non-financial services businesses including, U.S. and foreign companies active in industries such as real estate, hospitality, automotive and artificial intelligence, among many others.

Photo of Robert Mangas Robert Mangas

Rob is a shareholder in the firm’s Federal Government Law & Policy group. He has represented clients before Congress and federal agencies from a variety of industries and in a number of policy areas, including trade, energy, environment, health care, biotechnology, transportation, financial…

Rob is a shareholder in the firm’s Federal Government Law & Policy group. He has represented clients before Congress and federal agencies from a variety of industries and in a number of policy areas, including trade, energy, environment, health care, biotechnology, transportation, financial services, manufacturing, tax, pensions, defense, and foreign relations. Rob has a depth of understanding of the rules of the U.S. Senate and House of Representatives, and he has deep experience in legislative drafting. He previously served as chief of staff to U.S. Senator Wendell Ford, the former Senate Majority Whip.

Concentrations

  • Health care
  • Energy
  • Biotechnology
  • Manufacturing
  • Foreign affairs
Photo of Jera L. Bradshaw Jera L. Bradshaw

Jera L. Bradshaw is a former state and federal regulator who advises community, regional, and national banks on all aspects of financial regulatory compliance and enforcement, with an emphasis on state and federal enforcement actions; corporate and board governance matters related to regulatory

Jera L. Bradshaw is a former state and federal regulator who advises community, regional, and national banks on all aspects of financial regulatory compliance and enforcement, with an emphasis on state and federal enforcement actions; corporate and board governance matters related to regulatory compliance, bank-fintech partnerships, regulatory applications, enterprise risk; and “troubled” banks.

Jera regularly assists financial institutions of all sizes with examinations, applications, and enforcement matters; has an extensive background advising banks on compliance and remediation programs; and is experienced appearing before the Federal Deposit Insurance Corporation (FDIC), the Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (FRB), the Consumer Financial Protection Bureau (CFPB), and multiple state bank regulatory authorities.

Before joining private practice, Jera served ten years as bank regulatory counsel to the FDIC and the Tennessee Department of Financial Institutions (“TDFI”) where she conducted legal review of regulatory filings such as branch applications, golden parachute payments, mergers, brokered deposit waivers, changes in bank control, and retirement of capital; supported regulatory examinations; oversaw enforcement actions; and advised on legislation, laws, and policies affecting financial institutions.

More recently, she acted as senior counsel of regulatory affairs for a large regional bank advising on intricate legal issues affecting the enterprise including implementation of enhanced prudential standards, affiliate transactions, dividend restrictions, Community Reinvestment Act strategy, and consumer compliance management systems (“CMS”).

Jera leverages her deep bank regulatory experience to deliver practical legal advice on a range of financial regulatory topics including affiliate transactions, deposit products, BSA/AML compliance, lending limits, insider transactions, capital and liquidity risk management, and the Community Reinvestment Act. She counsels clients on regulatory aspects of new product development, including bank partnership models, BaaS relationships, payment systems, fintech deposit platforms and third-party oversight. She also advises bank acquirers and sellers on regulatory approvals for M&A transactions, noncontrolling investments, nonbank activities, and other complex issues.

Jera is chair of the American Bar Association’s Regional and Community Banks Subcommittee, a faculty member of Fundamentals of Banking Law, and a guest lecturer at the SMU Dedman School of Law. In addition to speaking on regulatory issues affecting insured depository institutions, Jera is routinely called upon to train bank boards and management on a wide range of legal and risk management topics.

Photo of David C. Ashburn David C. Ashburn

David C. Ashburn is Managing Shareholder of the Tallahassee Office. He provides state and federal regulatory counsel and administrative litigation representation to clients in the health care, managed care, financial services and insurance-industries. His understanding of governmental regulatory processes also enables him to…

David C. Ashburn is Managing Shareholder of the Tallahassee Office. He provides state and federal regulatory counsel and administrative litigation representation to clients in the health care, managed care, financial services and insurance-industries. His understanding of governmental regulatory processes also enables him to counsel buyers and sellers of regulated businesses and the lenders and private equity groups that finance those transactions. The types of clients that David advises include:

  • Institutional health care providers such as hospitals, ambulatory surgery centers, assisted living facilities, nursing homes, home health agencies, durable medical equipment providers, sober homes and hospices
  • Continuing care retirement communities
  • Financial services providers, including financial advisers and brokers
  • Insurers, health maintenance organizations (HMOs) and third-party administrators (TPAs)
  • Lenders and investors, including financial institutions, private equity funds and real estate investment trusts
  • Physician practices, including large multi-specialty practices
Photo of Hilary R. Sledge-Sarnor Hilary R. Sledge-Sarnor

Hilary R. Sledge-Sarnor represents businesses and financial institutions in a range of legal matters. Hilary has over 15 years of experience representing financial institutions, corporate borrowers, funds and fund sponsors in a broad range of syndicated cross-border and domestic financings. Hilary is experienced…

Hilary R. Sledge-Sarnor represents businesses and financial institutions in a range of legal matters. Hilary has over 15 years of experience representing financial institutions, corporate borrowers, funds and fund sponsors in a broad range of syndicated cross-border and domestic financings. Hilary is experienced in a wide range of industries, including technology, fund finance retail and entertainment. She regularly provides counsel on secured transactions and UCC Article 9.

Photo of Fred E. Karlinsky Fred E. Karlinsky

Fred Karlinsky is a Shareholder and Global Co-Chair of Greenberg Traurig’s Insurance Regulatory and Transactions Practice Group. Fred has nearly 30 years of experience representing the interests of insurers, reinsurers and a wide variety of other insurance-related entities. He is a recognized authority…

Fred Karlinsky is a Shareholder and Global Co-Chair of Greenberg Traurig’s Insurance Regulatory and Transactions Practice Group. Fred has nearly 30 years of experience representing the interests of insurers, reinsurers and a wide variety of other insurance-related entities. He is a recognized authority on national insurance regulatory and compliance issues and has taken a leadership position in many insurance trade organizations. Recognized as the only Band 1 Florida insurance lawyer by Chambers & Partners and one of the most influential leaders in Florida politics by City & State Florida and INFLUENCE Magazine, Fred has in-depth knowledge of insurance compliance matters and has been a primary strategist in virtually all types of Florida insurance-related legislative initiatives. Fred has also been listed in The Best Lawyers in AmericaSuper LawyersFlorida Trend 500 and Florida Trend’s “Legal Elite” for his work in insurance law. In addition to his role with Greenberg Traurig, Fred has been an Adjunct Professor of Law at Florida State University College of Law since 2008, where he teaches a course on Insurance Law and Risk Management. Fred currently chairs the Florida Supreme Court Judicial Nominating Commission, which he has served on since 2014. Four of the seven current sitting Justices of the Florida Supreme Court have been appointed during Fred’s tenure on the JNC.

Photo of Tiffanie Monplaisir Tiffanie Monplaisir

Tiffanie Monplaisir is a Practice Group Attorney in the Corporate Practice in Greenberg Traurig’s Miami office. She focuses her practice on financial services provider regulation and compliance. Tiffanie counsels U.S. and international financial institutions, non-financial services businesses, and other entities in navigating the

Tiffanie Monplaisir is a Practice Group Attorney in the Corporate Practice in Greenberg Traurig’s Miami office. She focuses her practice on financial services provider regulation and compliance. Tiffanie counsels U.S. and international financial institutions, non-financial services businesses, and other entities in navigating the complex federal and state regulatory landscape governing payments, lending, licensing, and consumer financial services. Tiffanie’s practice includes advising banks, FinTech and digital payment companies, money services businesses, payment processors, cryptocurrency businesses, and digital asset companies on a wide range of regulatory matters including licensing, crafting innovative solutions for Bank Secrecy Act/Anti-Money Laundering (BSA/AML) and Office of Foreign Assets Control (OFAC) compliance programs and related policies and procedures. Tiffanie also works on nationwide state money transmitter, lending, servicing, and other license acquisition projects.