T +1 212 819 8239
Mr. Cuccinello represents US and non-US banks, bank holding companies and other financial institutions in a wide range of regulatory matters, including: securities-related activities by banking institutions; impact of the Volcker Rule and other Dodd-Frank requirements on the activities of US and non-US banks; financial holding company activities and non-compliance issues; establishment of US banking offices and acquisitions of US bank subsidiaries by non-US banks; impact of US laws and regulations on direct and indirect activities of, and investments by, non-US banks in the United States; regulatory aspects of mergers and acquisitions; regulatory issues affecting financing transactions, including margin regulations, reserve requirements, anti-money laundering requirements and anti-tying requirements; affiliate transaction restrictions under Sections 23A/23B and Regulation W; fiduciary and custody activities; insolvencies of depository institutions; account agreements; and cross-border provision of financial services by non-US institutions.
Representations include: a Chinese bank in acquiring a US subsidiary bank (the first transaction of its kind); a Chinese bank in establishing a branch in the United States; European and Asian banks in connection with their securities-related activities in the United States; a private equity fund in connection with proposed acquisitions of equity stakes in US banks; a European bank and its domestic bank holding company subsidiary in connection with the US regulatory aspects of bank acquisitions and mergers; a European bank in structuring a financing transaction in light of the New York Banking Law's insolvency provisions; a domestic bank holding company in issuances of subordinated debt and trust preferred stock; an Asian bank in connection with the US regulatory aspects of its merger with another Asian bank, including the establishment of multiple branches in the United States; an Asian bank in a US supervisory enforcement matter; an Asian bank in connection with the liquidation of its New York trust company subsidiary; an Asian bank in connection with the downgrading of its US branch to representative office status; and a US investment adviser in establishing a New York trust company subsidiary.
ICBC's Agreement to Acquire a Controlling Stake in a US Bank Is a Major Development for the US and Chinese Banking Markets, February 2011
FDIC Adopts Final Policy On Private Equity Investments In Failed Banks, August 2009
FDIC Proposes Stringent New Rules For Private Equity Investors In Failed Depository Institutions, July 2009
The Troubled Asset Relief Program: Issues for Financial Institutions and Other Entities Covered by the TARP, October 2008
Fed Eases Rules for Minority Equity Investments in Banking Organizations, September 2008
Fed's Role In Financial Markets Evolves And Increases As Financial Crisis Deepens, September 2008
Is the Dual Banking System Obsolete? New York's Streamlined Approval for National Bank Activities, January 30, 2008
Fed and SEC Issue Final Regulation Implementing Push-Out Requirement for Bank Brokerage Activities, October 1, 2007
Bank Regulators Ask Servicers to Help Subprime Borrowers Who Risk Default, September 6, 2007
'Let's Form a Committee'— Issues Facing Financial Institutions in Implementing the Latest Guidance on Complex Structured Finance Transactions, Futures & Derivatives Law Report, July/August 2007