An extremely talented lawyer and very insightful and thoughtful in her advice … She doesn't just wait for things to happen — she gets right to the heart of the matter … Her ability to translate her knowledge into operational terms that the business can understand is tremendous.Chambers USA
Michelle L. Rogers
Partner
Biography
Michelle L. Rogers represents institutions in a wide range of litigation matters, including government enforcement actions, class action litigation, regulatory examinations, and internal investigations.
A Partner in the Washington, D.C., office of Buckley LLP, Ms. Rogers has represented clients in matters involving the Department of Justice (DOJ); the Consumer Financial Protection Bureau (CFPB); federal and state bank regulators; the Department of Housing and Urban Development (HUD); the Department of Veteran Affairs (VA); the Federal Housing Finance Agency (FHFA); the Government National Mortgage Association (Ginnie Mae); the Small Business Administration (SBA); and state attorneys general, and in cases involving the False Claims Act (FCA); Program Fraud Civil Remedies Act (PFCRA); Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA); Truth in Lending Act (TILA); Fair Housing Act (FHAct); Equal Credit Opportunity Act (ECOA); Civil Rights Act; Community Reinvestment Act (CRA); and unfair, deceptive, or abusive acts or practices (UDAP and UDAAP) statutes under the Dodd-Frank Wall Street Reform and Consumer Protection Act, Section 5 of the Federal Trade Commission (FTC) Act, and various state laws. She also has extensive experience managing complex discovery and production issues, including using advanced analytics.
Her recent work includes:
- Ongoing FCA and FIRREA investigations by the DOJ, various U.S. attorneys’ offices, HUD, VA, and the FHFA concerning compliance with the Fair Housing Administration (FHA) Direct Endorsement Lender program guidelines, VA loan requirements, and Fannie Mae and Freddie Mac origination and servicing guidelines
- CFPB examinations and pre-enforcement and enforcement matters, including managing self-disclosures and responding to Proposed Action and Request for Response (PARR) and Notice and Opportunity to Respond and Advise (NORA) letters
- Multi-agency and multistate investigation and examination matters, including with various state regulators and state attorneys general, and other federal agencies, including the FTC and the Federal Communications Commission (FCC)
- Assisting clients with PFCRA cases, proposed notices of termination, proposed administrative actions and sanctions, and audit responses concerning FHA, VA, and Fannie Mae and Freddie Mac loans, as well as Ginnie Mae securitizations, including before the Office of the Inspector General, Office of General Counsel, HUD’s Mortgagee Review Board and Quality Assurance Division, and the FHFA
- Confidential bank regulator enforcement matters, including referrals to the DOJ for alleged fair lending violations, and challenges to and appeals of supervisory ratings assigned by bank regulators
- Advising both established clients and startups on the application of federal rules governing electronic payments, state and federal money transmitter laws, compliance with Bank Secrecy Act/anti-money laundering (BSA/AML) laws and regulations, and the structuring and negotiation of critical third-party relationships
- Counseling providers of electronic prepaid and stored value products at the beginning stages of program development and throughout the full product life cycle, advising along the way on marketing and consumer protection strategies, state licensing, federal registration, required disclosures, privacy issues, strategic partnerships, and many other areas
Although much of Ms. Rogers’ work is nonpublic, some of her more recent public matters include:
- Representations of three major banks — BB&T, Regions Bank, and IberiaBank — in successful resolutions of multi-year FCA investigations concerning FHA lending, reaching agreements with the DOJ and HUD that included no admission of liability, no administrative sanction, no prospective relief, and of the three matters, two settlement payments that remain the lowest amount paid by any bank to date for comprehensive conduct
- Representation of Verizon Wireless in a settlement with the CFPB, FCC, and 51 attorneys general alleging that Verizon Wireless permitted third parties to place unauthorized charges on consumers’ wireless phone bills
An acknowledged authority in her field, Ms. Rogers is a Fellow of the American College of Consumer Financial Services Lawyers, and is a member of the editorial board of the Consumer Financial Services Law Report. She has been recognized by Chambers USA for Nationwide Financial Service Regulation: Banking (Enforcement & Investigations), Legal 500 for Financial Services: Litigation, Financial Services: Regulation, and Fintech, Super Lawyers for Banking, and Best Lawyers for Litigation - Banking and Finance (2018-2021). She is a member of Buckley’s partner Board. Prior to joining the firm as a founding member in 2009, she was an Associate at Skadden, Arps, Slate, Meagher and Flom, LLP. Ms. Rogers received a J.D. from the American University, Washington College of Law (summa cum laude), and a B.A. from Franklin and Marshall College (magna cum laude, Phi Beta Kappa).
An extremely talented lawyer and very insightful and thoughtful in her advice … She doesn't just wait for things to happen — she gets right to the heart of the matter … Her ability to translate her knowledge into operational terms that the business can understand is tremendous.Chambers USA
In The News
Legal 500 2020 recognizes 21 Buckley attorneys in six practice areas
“Buckley attorneys are incredibly responsive while providing top quality legal services,” is how respondents described the firm in the 2020 edition of Legal 500, which ranked Buckley as a top law firm and recognized it in six categories:
- Corporate Investigations and White ...
Buckley recognized by Chambers USA as a “top-notch” firm in financial services and white collar work
Buckley has once again received top recognition in financial services regulation, white collar crime/government investigations, and fintech from Chambers USA, which ranks the country’s leading firms and lawyers in a range of practice areas based on research and client interviews....
AnnouncementsBuckley files amicus brief in CFPB constitutionality case
Buckley LLP on Dec. 16 filed an amicus brief on behalf of the Mortgage Bankers Association, the National Association of Home Builders, and the National Association of...
AnnouncementsThe Legal 500 2019 recognizes 17 Buckley attorneys in five practice areas
The Legal 500 once again ranked Buckley as a top law firm and recognized it in five categories:
- Corporate Investigations and White Collar Criminal Defense: Corporate – Tier 4
- Corporate Investigations and White Collar Criminal Defense: Individuals – Tier 2 ...
Buckley recognized by Chambers USA as a “first-rate firm” in financial services; “crème de la crème” for White Collar practice
Buckley has once again received top recognition in financial services regulation and white collar crime/government investigations from Chambers USA, which ranks the country’s leading firms and lawyers in a range of practice areas based on research and client interviews.
In total...
AnnouncementsBuckley announces name and leadership changes
WASHINGTON, DC (Jan. 17, 2019) – Buckley Sandler LLP, a premier national law firm focused on financial services, white collar defense, and complex civil litigation, has changed its name to Buckley LLP and reorganized its governance structure and leadership team. The decision to shorten the firm’s...
Press ReleasesBuckley Sandler and its founding profiled in Law360
The firm was profiled in a Law360 article, "Too small to fail?" which discussed the creation of Buckley Sandler and its success over the past decade. Click here to read the full article . Originally published in Law360; reprinted with permission.
In The NewsThe Legal 500 2018 recognizes five practice areas and 17 attorneys at Buckley Sandler
Buckley Sandler LLP again has been noted as one of the nation’s top law firms by The Legal 500 in its 2018 rankings, with recognition in five practice areas:
- Financial Services: Litigation
- Financial Services: Regulation
- Corporate ...
Buckley Sandler recognized by Chambers USA as “an excellent firm” with “a fine stable of expert attorneys”
Buckley Sandler once again has received top recognition in financial services regulation and white collar crime/government investigations from Chambers USA, which ranks the country’s leading firms and lawyers in a range of practice areas by researching the firms and interviewing...
AnnouncementsMichelle L. Rogers Quoted in Reuters Wire story, “U.S. States Gird for Fight as Trump Targets Consumer Finance Watchdog”
Michelle L. Rogers was quoted on December 1, 2017 in a Reuters wire story, “U.S. States Gird for Fight as Trump Targets Consumer Finance Watchdog,” which discussed how changes in Consumer Financial Protection Agency leadership might affect state enforcement initiatives. The article stated, “When it...
In The NewsMichelle L. Rogers Quoted in Reverse Mortgage Daily Article, "Waters’s Reverse Mortgage Foreclosure Bill Unlikely to Pass"
Michelle L. Rogers was quoted on November 20, 2017 in a Reverse Mortgage Daily article, “Waters’s Reverse Mortgage Foreclosure Bill Unlikely to Pass,” which discussed the introduction of a mortgage foreclosure bill that is predicted not to pass. The article stated, “Rep. Maxine Waters brought the...
In The NewsBest Lawyers in America Recognizes 11 Buckley Sandler Partners for 2018
Buckley Sandler is pleased to announce that 11 of its partners have been recognized by their peers for inclusion in Best Lawyers in America® 2018.
Partners Jeremiah S. Buckley,...
AnnouncementsThe Legal 500 2017 Recognizes Four Practice Areas and 20 Attorneys at Buckley Sandler
Buckley Sandler has again been cited as one of the nation’s top law firms by The Legal 500 in its 2017 rankings, with the recognition of four practice areas:
- Financial Services: Litigation
- Financial Services: Regulatory
- Cyber Law (Data Protection and ...
Michelle Rogers Profiled in Law360's Rainmaker Q&A Series
Michelle Rogers was profiled by Law360 in a "Rainmaker Q&A" where she spoke about client service and delivering results on Tuesday, November 22, 2016. Q: What skill was most important for you in becoming a rainmaker? A: Listening — to clients, colleagues and myself. First and foremost, this job...
In The NewsMichelle Rogers Quoted in Inside Mortgage Finance Article, "CFPB Is Now Examining for TRID Compliance. Does This Mean the Grace Period is Over? We'll See"
Michelle Rogers was quoted in Thomas Ressler's Inside Mortgage Finance article, "CFPB Is Now Examining for TRID Compliance. Does This Mean the Grace Period is Over? We'll See," on May 26, 2016. Examination reviews by the Consumer Financial Protection Bureau for compliance with the integrated...
In The News23 Buckley Sandler Attorneys Named To 2016 Washington, DC Super Lawyers and Rising Stars Lists
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations, and peer evaluations. We are proud...
In The NewsBuckley Sandler Hosts Eighth Annual Fair Lending Today Conference
Buckley Sandler LLP hosted its eighth annual Fair Lending Today conference in Washington, DC on March 13-14, 2016. The two-day event featured an evening of interactive roundtable discussions on fair lending issues, followed by a full day of seminars. The sessions were led by Buckley Sandler...
In The NewsBuckley Sandler Hosts 2nd Annual CFPB Today Conference
Buckley Sandler LLP hosted its second annual CFPB Today conference in Washington, DC October 25-26, 2015. The two-day event featured an evening of interactive roundtable discussions on CFPB trends, followed by a full day of seminars and breakout sessions. The roundtables and seminars were led by...
Press Releases
Publications
"Relief or risk?: The hidden costs of government lending" by Michelle L. Rogers, Katherine L. Halliday, and Katherine Brockway Katz (National Law Journal)
There is no longer any question that the economy will take years, not months, to fully recover from COVID-19, and additional funding for government and government-backed loans seems inevitable at some point. Examining the programs from the initial COVID-19 relief package provides context for...
Articles"Educational tools may bring regulatory risk for fintech cos." by H Joshua Kotin, Michelle L. Rogers, and Kathryn R. Goodman (Law360)
Financial services providers are increasingly combining delivery of products and services with advice designed to help consumers make better-informed financial decisions. Fintech companies, which typically rely upon data and analytics as fundamental components of their business proposition, should...
Articles"FHA enforcement: What decreased reliance on the False Claims Act means for FHA lenders and servicers" by Melissa Klimkiewicz, Michelle L. Rogers, and Katherine Brockway Katz (HousingWire)
Top offcials at the U.S. Department of Housing and Urban Development are looking to chart a new course to win back banks that have fled the Federal Housing Administration lending program following a series of multimilliondollar False Claims Act settlements. In the past, HUD has partnered with the U...
Articles"What to expect from increased FTC-state AG collaboration" by Michelle L. Rogers and Katherine L. Halliday (Law360)
In prepared remarks at the winter meeting of the National Association of Attorneys General on March 5, 2019, Federal Trade Commission Chairman Joseph Simons advocated for increased collaboration with state attorneys general and noted that such collaboration is critical to the FTC’s mission. His...
Articles"FTC has big agenda for 2019. How should companies prepare?" by Michelle L. Rogers and Katherine L. Halliday (Bloomberg Law)
Federal Trade Commission Chairman Joseph Simons recently previewed an aggressive and expansive consumer protection agenda for 2019, invoking the commission’s broad powers to pursue unfair or deceptive acts or practices, and adding “fraudulent” to the types of conduct he expects to police. Among the...
Articles"7 tips for surviving FHA’s annual recertification process" by Melissa Klimkiewicz, Michelle L. Rogers, Kathryn L. Ryan, and Kathryn R. Goodman (HousingWire)
The past year brought some good news for Federal Housing Administration mortgagees, as top Department of Housing and Urban Development officials continued to urge the Department of Justice to reduce reliance on the False Claims Act in enforcing FHA program requirements. Notwithstanding this...
ArticlesC-Suite Financial Services Review: Enforcement Trends - The States Step Up
The new leadership at the Consumer Financial Protection Bureau has explicitly stated that it expects to pursue fewer enforcement actions than it has in the past. While the anticipated reduction in CFPB enforcement activity may cause some companies to feel a sense of relief, there may be less cause...
C-Suite Review"Post-crisis AG enforcement is just the beginning" by Michelle L. Rogers (Law360)
UDAAP — the prohibition against unfair, deceptive, or abusive acts or practices — is now ubiquitous in government enforcement actions, due in large part to the Consumer Financial Protection Bureau ’s expansive authority under the Dodd-Frank Act. Yet, as the CFPB has reshaped much of the financial...
ArticlesAndrew L. Sandler and Michelle L. Rogers Authored a Law360 Article, "The Rise Of The Consumer"
The financial crisis had a profound impact on the regulatory structure applicable to the financial services industry and the consumer experience when purchasing financial products and services. The prudential regulation model whereby regulators worked with financial institutions to ensure safe and...
ArticlesMichelle L. Rogers and Edward W. Somers Authored a Law360 Article, "CFPB Shines Spotlight On Consumer Remittance Transfers"
The Consumer Financial Protection Bureau recently closed a 60-day public comment period on a plan to conduct an assessment of the effectiveness of its May 2013, final rule governing consumer remittance transfers under Subpart B of Regulation E (remittance transfer rule). The remittance transfer...
ArticlesRainmaker Q&A: Buckley Sandler's Michelle Rogers
Michelle L. Rogers is a partner at Buckley Sandler LLP in Washington, D.C. Rogers represents institutions in a wide range of enforcement and litigation matters, including government enforcement actions, class action litigation, regulatory examinations and internal investigations. Her breadth of...
ArticlesSpecial Alert: Election Results - Preliminary Thoughts and Reactions
As a result of last Tuesday’s election, Republicans will control the White House and both houses of Congress in 2017. It is likely there ultimately will be some significant changes affecting financial services regulation and enforcement, but they will take time to implement. The President-elect has...
ArticlesSpecial Alert: D.C. Circuit Panel Rejects CFPB's RESPA Interpretation and Alters its Structure in PHH Corp. v. CFPB
On October 11, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion vacating a $109 million penalty imposed on PHH Corporation under the anti-kickback provisions of the Real Estate Settlement Procedures Act (RESPA), concluding that the CFPB...
ArticlesSpecial Alert: CFPB Finalizes Amendments to Mortgage Servicing Rules
On August 4, the CFPB issued its long-awaited final amendments to the mortgage servicing provisions of Regulations X and Z. The Bureau had sought comment on the proposed rule in December 2014, more than 18 months ago. Spanning 900 pages, the final rule makes significant changes that will impact...
ArticlesNotice of Material Event Reporting - Pitfalls for FHA Mortgagees
With sighs of relief, the vast majority of Federal Housing Administration (FHA) mortgage insurance program participants completed the fiscal year 2015 annual recertification process. The process requires attesting to 10 broad and somewhat ambiguous statements regarding the mortgagee’s compliance...
ArticlesThe CFPB's Mortgage Originations Agenda in 2016
Now more than ever, financial services firms need to proactively focus on issues of concern identified by the CFPB and ensure that they are engaged in industry best practices that are clearly identified and carefully monitored. In the mortgage originations sphere, the new TRID/ KBYO rule, MSAs, LO...
Articles
Awards and Recognitions
Awards & Recognitions
- Best Lawyers 2021: Litigation - Banking and Finance
- Chambers USA 2020: Financial Services Regulation: Banking (Enforcement & Investigations)
- Legal 500 2020: Recognized in Financial Services: Litigation, Financial Services: Regulation, and Fintech
- Best Lawyers 2020: Litigation - Banking and Finance
- Super Lawyers 2020: Banking
- Chambers USA 2019: Up and Coming, Financial Services Regulation: Banking (Enforcement & Investigations)
- Legal 500 2019: Recognized in Financial Services: Litigation, and Financial Services: Regulation
- Best Lawyers 2019: Litigation - Banking and Finance
- Chambers USA 2018: Up and Coming, Financial Services Regulation: Banking (Enforcement & Investigations)
- Legal 500 2018: Recognized in Financial Services: Litigation, and Financial Services: Regulation
- Best Lawyers 2018: Litigation - Banking and Finance
- Legal 500 2017: Recognized in Financial Services: Litigation
- Super Lawyers 2016 Rising Star: Banking
- Super Lawyers 2015 Rising Star: Banking
- Super Lawyers 2014 Rising Star: Banking
Practice Areas
- Auto Finance
- Bank Counseling & Compliance
- Class Actions
- Complex Civil Litigation
- Congressional Investigations
- Consumer Finance
- Consumer Financial Protection Bureau
- Credit, Debit & Prepaid Cards
- E-discovery
- Enforcement Actions & Investigations
- Escheatment
- Examinations
- Fair Lending
- False Claims Act & FIRREA
- Federal Trade Commission
- Fintech
- Internal Investigations
- Mortgages
- Private Banking
- State Attorneys General
- Student Lending
- Unfair, Deceptive, or Abusive Acts or Practices
- Whistleblower
- Workplace Cultural Compliance
Education
- J.D., American University (summa cum laude, Order of the Coif)
- B.A., Franklin and Marshall College (magna cum laude, Phi Beta Kappa)
Admissions
- District of Columbia
- Virginia
- U.S. District Court, District of Columbia
- U.S. Supreme Court