Joseph Lynyak, III

Joseph Lynyak, III




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)


  • District of Columbia
  • California


  • French and Italian


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


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


  • 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


  • 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


FinCEN Guidance on Banking Marijuana—Increased Legal Risk to Banks
BankThink: Pot Banking Crackdown is a Step Backward
“U.S. Sanctions Against North Korea: Implications for Chinese Banks”
Bad News and Good News – The CFPB’s Arbitration Rule
House Leadership May Make Bank-Failure Risk More Widespread
Revisiting the Risk of Banking Marijuana Businesses
Overcoming Obstacles To Financial Reform And Deregulation
The PHH Decision—A Suggested Analysis for Covered Institutions
The Long Arm of the CFPB
"The Long Arm of the CFPB," Corporate Counsel
The New AML Regulations and Their Impact on Banks—Increased Compliance for Lending Transactions with Legal Entities
"The Constitutionality of the CFPB - An Exegesis," Westlaw Journal
BNA INSIGHTS: An Updated Lender's Primer on California's Finance Lenders Law
FASB’s Current Expected Credit Loss Proposal - Capital Recapture Considerations for Loan Documents
Revisiting the CFPB’s constitutionality: Why State National Bank is different from Morgan Drexen
The U.S. Supreme Court’s Decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc.
Supreme Court’s Jesinoski Ruling Provides Clarity on TILA Rescission While Creating Many Questions
The CFPB issues proposed rules on prepaid products-E-Finance & Payments Law & Policy
CFPB Issues Proposed Rules for Prepaid Products
CFPB's Arbitration Study—A Warning to Consumer Financial Service Companies, Law360
Markets Could Help the Fed End TBTF, American Banker
Dealing with Civil Investigative Demands from the CFPB: Rules, Response, and Practice Considerations, The Banking Law Journal

News & Press Mentions

Dorsey Partner Joe Lynyak Discusses Bank Secrecy Act
Cryptocurrency Podcast: Interview with Joe Lynyak
Dorsey Partner Joe Lynyak Remarks on Credit Unions and Cannabis Business
Dorsey Partner Joe Lynyak Discusses Payday Lending Rule
Dorsey Partner Joe Lynyak Weighs in on CFPB Changes
Dorsey Partners Weiner and Lynyak Discuss Sessions Recinding Cole Memo
Dorsey Partner Joe Lynyak Remarks on FSOC Annual Report
Dorsey Partner Joe Lynyak Remarks on CFPB Constitutional Fight
Dorsey Partner Joe Lynyak Comments on Trump Administration Controling CFPB
Dorsey Partner Joe Lynyak Remarks on Impact of Mulvaney as Acting Director
Dorsey Partner Joe Lynyak Discusses CFPB Succession Battle
Dorsey Partner Joe Lynyak Comments on CFPB Acting Directors
"White House Says Mulvaney to Replace Cordray at CFPB Helm," CQ Roll Call
Dorsey Partner Joe Lynyak Comments on Cordray's Departure
Dorsey Partner Joe Lynyak Predicts CFPB Rule Being Rescinded
“Is Arbitration Win a Turning Point for Banks?,” American Banker
Dorsey Partner Joe Lynyak Remarks on Leveraged Loan Decision
Inside payday lenders’ plan to scuttle CFPB rule, American Banker
Can the OCC really grant fintech charter to a Google?
Dorsey Partner Joe Lynyak Comments on States Enforcing CFPB
Dorsey Partner Joe Lynyak Comments on Rewrite of Volcker Rule
Dorsey Partner Joe Lynyak Discusses CFPB Ruling
Dorsey Partner Joe Lynyak Remarks on CFPB Arbitration Rule
Dorsey Partner Joe Lynyak Remarks on Expanding FSOC's Power
Dorsey Partner Joe Lynyak Discusses CFPB Case

Industries & Practices

Bankruptcy & Financial Restructuring
Securities & Financial Services Litigation & Enforcement
  • Banking
  • Bankruptcy & Financial Restructuring
  • Blockchain & Digital Assets
  • Consumer Financial Services
  • Financial Services Regulatory
  • FinTech
  • Foreign Bank Representation
  • 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


  • Listed in Washington, D.C. Super Lawyers, 2016-2017
Joseph Lynyak, III