Joseph Lynyak
PEOPLE

Joseph Lynyak

Partner
lynyak.joseph@dorsey.com

Overview

JOE IS A LONG-TIME ADVISER TO THE FINANCIAL SERVICES INDUSTRY, WITH A DEPTH OF EXPERIENCE THAT ALLOWS HIM TO “CONNECT THE DOTS” FOR CLIENTS IN THE COMPLEX (AND SOMETIMES CONFLICTING) REGULATORY AND STATUTORY SCHEMES CONFRONTING FINANCIAL INTERMEDIARIES.

Joe is a partner in the Firm’s Finance & Restructuring Group and a member of the Banking Industry Group. He practices in both the Firm’s Washington, D.C. and Southern California offices. Joe possesses a broad knowledge base regarding foreign banks and domestic banks, savings associations, bank holding companies, finance companies, mortgage banking companies and their subsidiaries and affiliates. His practice includes providing financial intermediaries advice in the areas of regulatory and strategic planning, application and licensing, legislative strategy, commercial and consumer lending, examination, supervision and enforcement, and general corporate matters. Joe’s FDIC-insured financial institution clients benefit from his experience in the special state and federal statutory and regulatory requirements—including safety and soundness issues—that apply to regulated financial intermediaries. He regularly counsels clients on matters such as retail operations, privacy, identity theft, consumer compliance, application and underwriting, payments systems, Internet, electronic commerce, examination, supervision and enforcement, operational and strategic planning matters. Joe is a frequent lecturer on legal topics involving the operation and regulation of financial service companies. Specific regulatory topics upon which Joe has advised clients and spoken at conferences include the Dodd-Frank Act, prudential regulation, the Volcker Rule, the Bank Secrecy Act (and other anti-money laundering provisions), mortgage lending and the CFPB.

Education & Admissions

Georgetown University Law Center (J.D., 1976)

St. Peter's University (B.A., 1973)

Admissions

  • District of Columbia
  • California

Languages

  • French and Italian

Clerkships

  • New Jersey Superior Court, Honorable James J. Petrella, 1976-1977

Experience

Representative Work

Financial Service Regulatory Advice

  • Represents clients in matters before the OCC, the Federal Reserve Board, the FDIC, the CFPB and the FTC and comparable state financial service agencies
  • Handles the organization, licensing and operation of insured institutions, as well as holding companies, subsidiaries and affiliates
  • Counsels clients on the inter-relationships among federal and state statutes and regulations, including the Dodd-Frank Act, the National Bank Act, the Home Owners’ Loan Act, the Gramm-Leach-Bliley Act, the Sarbanes-Oxley Act, the federal Bank and Savings and Loan Holding Company Acts and similar laws and regulations
  • Represents foreign banks operating in the United States, and provides regulatory and compliance advice to representative, agency and branch offices, including interfacing with the Federal Reserve Board during the examination process

Compliance and Enforcement

  • Advises clients on numerous compliance issues arising from the implementation of the Dodd-Frank Act, including Volcker Rule compliance, revised prudential regulatory requirements, living wills, as well as foreign bank compliance with newly adopted Regulation K obligations
  • Actively participates in the preparation for, and conduct of, the examination and supervision of financial institutions by the federal banking agencies, including the new examination oversight by the CFPB
  • Regularly defends financial service companies and their affiliates in enforcement actions, including administrative hearings, the negotiation of cease and desist orders, UDAAP actions and proposed imposition of civil money penalties

Consumer and Retail Financial Products and Operations

  • Advises on the Consumer Financial Protection Bureau and its Regulations B, C, E, Z, CC and DD, among others, special statutes applicable to mortgage lenders such as RESPA, the Fair Credit Reporting Act and the Fair Housing Act, as well as comparable state statutory and regulatory requirements
  • Provides guidance and has extensive experience in the complex area of fair lending
  • Drafts state-compliant lending and deposit documents, including the preparation of state consumer compliance surveys

Mortgage Lending

  • Advises financial institutions and mortgage bankers on compliance matters with respect to federal consumer mortgage protection statutes and implementing regulations, such as the Truth-in-Lending Act, the Real Estate Settlement Procedures Act, the Equal Credit Opportunity Act, the Home Mortgage Disclosure Act, the S.A.F.E. Act, the Community Reinvestment Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, as well as with the statutes and regulations of all 50 states dealing with residential mortgage lending
  • Advises and coordinates obtaining state mortgage lending licenses, including S.A.F.E. Act compliance for lenders and mortgage originators

GSE Representation

  • Experienced in legal issues presented by the mortgage GSEs, as well as several of the Federal Home Loan Banks
  • Advises on Charter Act issues and evolving Federal Housing Finance Agency examination and supervision concerns, including housing goal requirements, electronic underwriting systems and reputational legal concerns

Commercial Lending

  • Advises clients throughout the U.S. in regard to commercial licensing, structures and operational considerations
  • Represents large and small portfolio lenders, structured finance entities and factoring companies

Litigation

  • Defends financial intermediaries in a variety of administrative enforcement actions, including cease and desist, civil money penalty actions, as well as the defense of fair lending allegations
  • Defends officers and directors of failed FDIC-insured banks (and holding companies) against claims brought by the FDIC as receiver
  • Defends lending class actions for financial intermediaries in the retail financial service arena
  • Coordinates national and local defense strategies for clients

Innovative and Emerging Delivery Systems

  • Counsels clients on legal issues presented by the emerging alternative payment and product delivery systems
  • Advises clients regarding interstate lending and deposit concerns, electronic underwriting systems, interstate licensing, Internet payment alternatives and similar electronic media legal issues

Legislation

  • Analyzes proposed federal and state legislation, the negotiation of proposed solutions with consumer groups, trade associations and lobbyists, and similar activities

Representative Litigation

  • Defense representation of former officers and directors of failed FDIC banks

News & Resources

Articles

FinCEN Proposes AML Compliance Obligations for Non-Financed Real Estate Transactions
FinCEN’s Final Regulations to Implement the Corporate Transparency Act
Bank Failure Resource Center
FinCEN Issues Final Regulations to Implement the BSA’s Revised Beneficial Ownership Requirements
FinCEN Urges Financial Institutions to Guard Against Attempts to Evade Sanctions
FinCEN Proposes Regulations to Implement the BSA’s Revised Legal Entity Requirements
The Prudential Bank Regulators Adopt Federal Data Interruption Notice Requirements for FDIC-Insured Institutions and Service Providers
Dorsey Infrastructure Alert No. 1
Round Three of the PPP—The New Stimulus Bill Amendments
A Possible New Bank Crisis—Responding to Bank Capital Directives and Related Enforcement Actions
Termination of U.S. LIBOR Tenors Postponed Until June 30, 2023
Current Bank Capital and Enforcement Action Considerations
The OCC’s CRA Regulatory Reboot
PPP Loan Forgiveness Application: A Discussion of Recent Developments and Implications for Lenders
A Return To Bank Capital Concerns And Enforcement Actions
The Paycheck Protection Program and Health Care Enhancement Act
Federal Reserve Announces $600 Billion Loan Program for Small to Mid-size Businesses
LANDMARK CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT: A Practical Guide
Stimulus Acts
Developments from California: AG Estimates Costs of CCPA Compliance as CCPA Authors Contemplate Round II
California Attorney General Issues Draft Regulations for CCPA
Preparing for LIBOR Substitution-Commercial and Consumer Lending Considerations
The cannabis conundrum: Frank talk about marijuana-related business banking
Work in Progress - Potential CCPA Amendments Advance to Senate Appropriations Committee
National Financial Institutions—Developing A Project Plan To Comply With The California Consumer Privacy Act

News & Press Mentions

Partner Joe Lynyak on Bloomberg Law Podcast Discussing SCOTUS ‘Bank of America v. Cantero’ Arguments
Dorsey Partner Joseph Lynyak on Defunding the CFPB Through the Supreme Court
Dorsey Partner Joseph Lynyak on SBV Customers Who Lost Their Deposits but Loans Remain with First Citizens Bank
Dorsey Partner Joseph Lynyak on Banking Industry Turmoil Turning to M&A
Dorsey Partner Joseph Lynyak Bank Failures in Post-2008 Reforms
Dorsey Partner Joseph Lynyak Weighs In on First Republic Bank Failure and Banking Crisis
Super Lawyers Recognizes Four Dorsey Lawyers in Washington DC
Dorsey Partner Joe Lynyak Discusses How Recent Collapse of US Financial Institutions May Impact Asia Banking
Dorsey Partner Joseph Lynyak Discusses 2nd Circuit Court Ruling that CFPB Funding is Constitutional
Dorsey Partner Joseph Lynyak Weighs in on What Will Likely Happen to Signature Bank Execs
Dorsey Partner Joseph Lynyak Comments on Silicon Valley Bank Bidding
Dorsey Partner Joseph Lynyak on Signature Bank's Closure
Dorsey Parter Joseph Lynyak Comments on Silicon Valley Bank Failure
Dorsey Partner Joseph Lynyak Discusses Silicon Valley Bank's Collapse
Dorsey Partner Joseph Lynyak on Silicon Valley Bank Failure
Dorsey Partner Joseph Lynyak on What to Expect After Silicon Valley Bank's Shutdown
Dorsey Partner Joseph Lynyak Discusses CFPB Not Holding Back Despite Uncertainty Over Supreme Court Decision
Dorsey Partner Joseph Lynyak on the CFPB's Supreme Court Case
Dorsey Partner Joseph Lynyak Discusses the Crypto Industry's Banking Problem
Joe Lynyak Comments on Biden EO to Police Cryptocurrency
Joe Lynyak Discusses Crypto and NFTs for Enterprises
Joe Lynyak Comments on Banking Regulation to Watch in 2022
Joe Lynyak Discusses CFPB Could Increased Enforcement in 2022
Joe Lynyak Comments on US Infrastructure Deal
Joe Lynyak Discusses Chopra Confirmation as New CFPB Director

Events & Speaking Engagements

Webinar Playback: Bank Counsel Roundtable - Regulatory Challenges for 2024
Webinar Playback: FinCEN’s BOI (Beneficial Ownership Information) Rules Under the Corporate Transparency Act: Are You Ready?
Quo Vadis? A Forward-Looking Review and Analysis of the Recent Bank Failures
Webinar Playback: Quo Vadis? A Forward-Looking Review and Analysis of the Recent Bank Failures
Webinar Playback: The Silicon Valley Bank Failure—The Current Status and the Path Forward
Webinar Playback: FinCEN’s New Beneficial Owner Rules and an Update on Russian Sanctions
Webinar Playback: Bank Counsel Roundtable: Cryptocurrency and Banks—Current Developments
Webinar Playback: Bank Counsel Roundtable: The Prudential Banking Regulators’ Joint Proposed Community Reinvestment Act Regulations
Webinar Playback: Bank Counsel Roundtable: ESG and Fair Lending—A Strategic Analysis
Webinar Playback: Bank Counsel Roundtable: -- Electronic UCC Amendments, the Federal LIBOR/SOFR Fix and Commercial TILA State Law Requirements
Webinar Playback: Bank Counsel Roundtable: Recent Developments: (1) Implementation of the New Legal Entity Identification and Registration Requirements; and (2) The Death of LIBOR
Webinar Playback: Bank Counsel Roundtable: Trends at Regulators SEC, FINCEN & CFIUS
Webinar Playback: Bank Counsel Roundtable: Fair Lending Under the Biden Administration: A Reboot or Something Different?
Webinar Playback: Bank Counsel Roundtable: The AML Act of 2020 and Investigating AML Violations
Webinar Playback: Bank Counsel Roundtable: Go West: Expanding Your Bank into California
Webinar Playback: Bank Counsel Roundtable: LIBOR Update; CCPA Class Actions and Standing Requirements
Webinar Playback: Bank Counsel Roundtable: Financial Services Regulation Under the Biden Administration: What Will Change, What Will Remain the Same?
Webinar Playback: Bank Counsel Roundtable: The PPP and Other CARES Act Stimulus Relief—The Revisions
Webinar Playback: Securities Fraud, the Pandemic and Compliance: Protect Your Organization
Webinar Playback: Everything but the Kitchen Sink: Recent Developments in Federal Consumer Law
What to Expect in the Next 6 Months of the COVID-19 Economy
Webinar Playback: Revised Main Street and SBA Stimulus Programs
Webinar Playback: Commercializing Cannabis in the Face of Regulatory Uncertainty
Webinar Playback: The FRB’s Main Street Credit Programs and the Renewed SBA Programs
Webinar Playback: The Stimulus Bills, Federal Regulatory Agencies and the Fed—Bank Challenges and Opportunities

Select Presentations

  • On April 4th, Nick Akerman and Joe Lynyak presented at a nation-wide webinar sponsored by Finastra on the topic of banking cannabis businesses, which was attend by approximately 250 banks and credit unions.
  • On March 31st, Joe Lynyak spoke at the Spring Meeting of the American Bar Association in Vancouver for its Banking Law Committee on the topic of governmental regulation of blockchain.
  • On March 28th, Joe Lynyak spoke at the Spring Meeting of the American Bar Association in Vancouver for its Banking Law Committee on the topic of the California Consumer Privacy Act.
  • On March 28th, Joe Lynyak spoke at the Spring Meeting of the American Bar Association in Vancouver for its Banking Law Committee on the topic of the elimination LIBOR. Speaking along with Joe on the panel was Tom Baxter, the former Chief Counsel of the Federal Reserve Bank of New York.
  • On March 26th, Joe Lynyak spoke to the International Bankers of California on compliance with the recently enacted California Consumer Privacy Act.

Industries & Practices

Bankruptcy & Financial Restructuring
Cybersecurity, Privacy & Social Media
Foreign Banks and Financial Institutions
Securities & Financial Services Litigation & Enforcement
Environmental, Social, Governance (ESG)
  • Banking & Financial Institutions
  • Bankruptcy & Financial Restructuring
  • Cannabis
  • China
  • Consumer Financial Services
  • Cybersecurity, Privacy & Social Media
  • Environmental, Social, Governance (ESG)
  • Financial Services Regulatory
  • FinTech
  • Foreign Banks and Financial Institutions
  • Indian & Alaska Native
  • Investment Management
  • Lending Transactions
  • Mortgage Banking
  • Securities & Financial Services Litigation & Enforcement
  • Securitization

Professional & Civic

Professional Achievements

  • American Bar Association
      • Banking Law Committee
      • Past chair of the Banking Law Subcommittee on Commercial and Real Estate Finance
      • Past chair of the Banking Law Committee’s Retail Subcommittee
      • Past chair of the Banking Law Subcommittee on FDIC Receiverships and Conservatorships
      • Past chair of the Banking Law Committee’s Task Force on Derivatives
      • Consumer Financial Services Committee
  • Mortgage Bankers Association
  • California Mortgage Bankers Association
  • Member of the Board of Regents of the American College of Consumer Financial Services Lawyers
  • Federal Deposit Insurance Corporation – Former Member of the FDIC’s Honors Program in Banking

Accolades

Pro Bono 100 Hours 2022    Contributed 100+ Pro Bono Hours in 2021 Contributed 100+ Pro Bono Hours in 2020

  • Contributed more than 100+ Challenge pro bono hours, 2020-2022
  • Listed in Washington, D.C. Super Lawyers, 2016-2022
Joseph Lynyak