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NERA’s litigation and business experts are leading advisors for financial institutions and the banking industry. We provide clients with trusted guidance on complex regulatory issues, securities, and financial procedures using detailed reports and reliable data analytics. The regulation and supervision of financial services is ever changing, but NERA has remained a thought leader by having a clear understanding of financial market participants and helping clients navigate bank failures, litigation, and regulatory reform. 

NERA works with financial institutions in litigation and business contexts, providing economic and financial consulting and expert testimony. Our experts have hands-on experience working at key government regulatory bodies such as the Federal Reserve, the Office of the Comptroller of the Currency, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Federal Trade Commission, the International Monetary Fund, and the President’s Working Group on Financial Markets. We have experience and expertise in the core capabilities critical to helping financial institutions operate in the new competitive environment and manage emerging regulatory and enforcement challenges.




Consumer Protection in Financial Services

NERA provides analysis, assessments, and testimony on consumer protection litigation issues within financial markets. Our experts’ considerable experience ranges across the financial industry, including banking, investment products, credit cards, and mortgage origination and securitization. Many NERA experts have regulatory experience that expands their understanding of the relevant laws and regulations. We have handled litigation issues including false advertising cases, excessive credit card fees, and consumer protection regulations. 

Regulatory Enforcement and Compliance

We provide regulatory entities—such as the Division of Enforcement at the SEC, DOJ, offices of state attorneys general, and self-regulatory organization such as FINRA—reports and analyses during formal investigations and advise specialist firms involved in civil and criminal proceedings. Our capabilities include the construction and analysis of large and complex transaction databases, the analysis and implementation of computerized surveillance procedures, and preparation of summary materials responsive to regulators’ requests. NERA’s financial regulation expertise enables us to support clients in all aspects of regulatory policy, including responding to market abuse investigations, defending enforcement actions, providing expert testimony, and quantifying regulatory impacts and risks. 

Financial Risk Management

NERA recognizes the necessity of evaluating risks holistically to successfully mitigate them. Our financial risk management experts assist clients in measuring individual risk exposures by modeling and analyzing the effects of combined risks to financial and non-financial institutions. We have assisted various industry bodies, such as the Group of Thirty, the International Swaps and Derivatives Association, and the Treasury Management Association, in developing risk management principles and evaluating best practices. Our experts have a distinct ability to evaluate the trends that are likely to be the best practices of tomorrow. 

Accounting Issues at Financial Institutions

NERA’s experts help clients make informed accounting decisions by utilizing historical data and information in accordance with the economic environment. Our experts stay up to date on relevant reporting and regulatory requirements so they can develop an assessment of current conditions. They provide appropriate direction in areas including fair value measurement and disclosures, other-than-temporary impairment determinations and accounting for loans acquired with deteriorated credit quality, loan loss allowance, troubled debt restructuring, and trading, available-for-sale, and held-to-maturity securities. 

Bank Secrecy Act and Anti-Money Laundering

NERA provides financial institutions with the necessary information and analysis to determine next steps when dealing with the Bank Secrecy Act (BSA) and other Anti-Money Laundering (ALM) regulations. With knowledgeable and experienced experts familiar with these laws and regulations, we provide clients with highly rigorous, clear, objective, and defensible analysis. 

Fiduciary Duty and Conflicts of Interest

NERA addresses common litigation issues including allegations of breach of fiduciary duty and conflict of interest. We examine these claims by analyzing subsequent actions and understanding overall regulations and industry standards. Past advisory work has included the duties of bank boards and individual directors and officers, the duties of registered investment advisors and broker-dealers, the duties of investment fund trustees, conflicts of interest and non-public information, and the separation of proprietary versus consumer accounts. 

Financial Services Transfer Pricing

Our economists utilize analytical skills to determine arm’s length pricing for financial service firms’ transactions. NERA’s capabilities span all areas of transfer pricing for financial services firms, including structuring of service flows, cost allocation arrangements, asset- and equity-related valuation, capital structure consideration, and other financing-related issues, such as Intra-Group Financing Transactions. Our economists understand the value creation process of the financial services sector, including investment and wealth management, insurance, banking and capital markets, private equity, and real estate. 

Safety and Soundness Standards of Financial Institutions and Banks

The safety and soundness of financial institutions have taken center stage in regulatory scrutiny in the wake of the financial crisis. NERA has been on the forefront of litigation and regulatory consulting, helping clients navigate the complex regulatory landscape and respond to legal challenges. Our experts have assisted financial institutions by evaluating their historical risk management and compliance practices, as well as building out sustainable safety and soundness frameworks going forward. In addition, as directors and officers of failed institutions continue to face legal scrutiny over business strategies and underwriting practices employed prior to and during the financial crisis, NERA experts have provided objective assessments of these practices and professional conduct, and helped parse out different contributing causes of the institutions' failures. As the post-Dodd-Frank Act regulatory environment is taking shape, NERA can assist financial institutions in managing emerging regulatory risks and enforcement challenges.

As many of NERA's experts have held key positions at the US regulatory agencies and leading financial and advisory institutions, we are uniquely positioned to help our clients assess and manage safety and soundness standards at their institutions. Our expertise covers a wide range of related areas, including: corporate governance and enterprise risk management; loan underwriting standards and risk rating assessment; regulatory loan portfolio standards and requirements; loan concentration limits/guidance; capital requirements; and duties of bank boards and directors and officers.