Brian Bartholomay


Washington, D.C.

Brian Bartholomay assists clients in the financial services industry, including national banks, state banks, mortgage companies, servicers and other consumer lenders on a variety of government enforcement, regulatory and compliance matters.

Brian’s experience includes matters initiated by the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), Office of the Comptroller of the Currency (OCC), and U.S. Department of Housing and Urban Development (HUD), as well as state attorneys general and other state regulators. In addition to his enforcement practice, Brian also represents financial services clients in individual and class actions arising under federal and state consumer protection statutes.

Prior to joining Orrick, Brian was counsel at Buckley LLP.

  • Representative matters include:

    • Responding to federal and state enforcement actions, including subpoenas and Civil Investigative Demands (CIDs) from CFPB, DOJ, and state attorneys general
    • Assisting clients with False Claims Act (FCA) and Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) investigations by DOJ and HUD’s Office of Inspector General concerning the origination of loans insured by the Federal Housing Administration
    • Defending banks in Fair Housing Act (FHA) cases brought by municipalities seeking generalized damages from foreclosures
    • Assisting clients in CFPB pre-enforcement matters, including responding to Proposed Action and Request for Response (PARR) and Notice and Opportunity to Respond and Advise (NORA) letters
    • Advising mortgage lenders and servicers on regulatory requirements under the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), and the Homeowners Protection Act (HPA), among others.