Ken Achenbach helps his clients with regulatory compliance, risk management, de-escalation and governance issues, with a primary focus on the banking, FinTech, and financial services industries.
Ken regularly works with his clients to evaluate compliance risks, particularly with respect to novel products and services, and to anticipate and respond to regulatory actions, agency investigations, and adverse examination findings. Ken has assisted clients facing threatened enforcement from various state and federal authorities and has represented his clients before the Federal Reserve, FDIC, OCC, DOJ, IRS, NCUA and state regulatory agencies. Ken has also helped his clients prepare for and respond to the evolving landscape of consumer compliance laws and regulations as a result of the Dodd-Frank Wall Street Reform and Consumer Protection Act and CFPB oversight. Ken is particularly adept at navigating the complex universe of financial regulation and finding practical solutions for his clients in the context of the unique, ongoing regulatory relationships within which they, as regulated institutions and their institution-affiliated parties, must continue to operate after a particular matter has been resolved.
Ken also assists his clients with developing and implementing strategies for mitigating risk and possible exposure to liability, including analysis of insurance coverage and implementation of strategies to maximize coverage for institutions and their officers and directors facing potential claims or other adverse action. Ken has helped his clients investigate and recover fraud losses under fidelity bond insurance policies and deal with the regulatory implications of those fraud schemes. Ken regularly works with insurance professionals to negotiate the terms and placement of both liability (e.g., D&O) and transactional (e.g., representations and warranties) insurance policies and other tools to mitigate economic risks in M&A transactions and works with individuals seeking indemnification, advancement or insurance coverage for expenses incurred in connection with litigation, regulatory enforcement, or other adverse action.
Ken also provides counsel to his financial services clients regarding raising capital, strategic planning, asset purchases and sale, M&A and other transformative, strategic transactions.
Ken has spoken to a wide range of groups and trade associations on diverse topics affecting the financial services industries.