Bradford Hardin is a trusted advisor to general counsels and executives in the financial services industry. Clients call him for help with their toughest problems—when regulatory issues, internal failures, or government controversies require deep experience, quick action, and tact.
Known for exceptional service, clients say Bradford's responsiveness is "the best in the game" and that he is "great for complicated, cross-functional projects." He is vice chair of the American Bar Association subcommittee on Unfair and Deceptive Trade Practices (UDAP) and has been recognized as a leading lawyer in The National Law Journal, Super Lawyers, and Law360.
Bradford's practice focuses on consumer financial services—whether advising on regulatory compliance and new product development or defending investigations of consumer products. He has defended large banks, credit unions, and fintech companies in CFPB investigations since the bureau's inception and has extensive experience responding to inquiries by the FDIC, OCC, DOJ, and HUD, among others. He has also led sensitive internal investigations to successful, private resolutions.
Bradford and his team have provided outside legal support to some of the most innovative deposits, lending, card, payments, and fintech infrastructure products developed in recent years. Clients seek Bradford's counsel for his solutions-oriented approach to developing new products, overcoming regulatory barriers, and getting to market. He also connects clients with the firm's litigation, privacy, transactions, tax, IP, and employment practices.
In recognition of his pro bono work, Bradford is a past recipient (2023) of the firm's Willard J. Wright Award, which recognizes a partner who has shown outstanding commitment to community and civic activity. He is also the immediate past chair of the firm's financial services practice group, which he led through a period of extraordinary growth and expanding capabilities.
He is a frequent writer and speaker in traditional venues, online, and as a podcast guest. You can find his latest work on LinkedIn or X (formerly Twitter).
Practice Highlights
Enforcement
Supervision
Regulatory matters
Supervision and Enforcement
CFPB investigation under TILA and Regulation Z
Represented large financial institution in CFPB investigation under Truth in Lending Act and Regulation Z. After document production, interrogatory responses, and testimony, investigation was closed with no action against client.
Interest rate charges examination and investigation
Representing large financial institution in connection with FDIC and CFPB examinations, and nascent CFPB enforcement inquiry, concerning certain practices in consumer business. Financial institution has been able to mitigate enforcement risk and enhance its policies, procedures, and compliance management system. (Ongoing)
Major CFPB enforcement matter
Represented global financial institution in the evaluation, remediation, and self-disclosure of a long-term compliance failing, and associated examination and enforcement activities. Although issues resulted in a public enforcement action, CMP was avoided and press release recognized the client's responsible business conduct.
Internal investigation
In response to regulatory criticism, and as a tool to limit further regulatory risk, conducted an extensive internal investigation for large bank client covering over 10 years of conduct involving dozens of witnesses and tens of thousands of documents. Resulting report assisted client to address root causes of regulators' concern, providing an opportunity to turn the page on past issues.
DOJ SCRA inquiry
Represented financial institution responding investigation by U.S. Department of Justice into client's compliance with repossession requirements in SCRA. After proactive self-review, voluntary remediation, policy revisions, and steadfast advocacy, investigation was closed with no public action against client.
Consumer Compliance
Fintech regulatory advice
Serving as primary outside product and regulatory counsel for major consumer-facing fintech firm, providing support across range of checking, savings, and card products, spanning full suite of consumer protection laws and regulations.
Rate review for Regulation Z
Representing multiple large card issuers on compliance with Regulation Z requirements to review rate increases every six months, including preparation of CFPB self-disclosure, and ongoing advocacy with CFPB examination personnel.
CARD Act compliance review
Represented global financial institution in a multi-year review of compliance with CARD Act and associated implementing regulations. Includes representation of numerous other issuers, banks, and fintech firms in compliance review projects of this type, and addressing a range of substantive areas.
Card regulatory advice
Represented large card issuer in numerous issues arising from card underwriting and servicing operations, including product design, responding to exam findings, crafting consumer remediation where necessary, and responding to regulatory inquiries.
Fintech regulatory advice
Serving as primary outside product and regulatory counsel for major B2B fintech firm, providing support across range of card products, spanning full suite of applicable laws and regulations.
Bank Regulatory
State regulator and FDIC advice
Advise large regional state-chartered bank on full scope of prudential regulatory affairs, including institution's relationship with its state regulator and FDIC, and in substantive areas spanning core bank regulatory discipline.
Third party risk management
Advised large financial institution in connection with numerous, novel third party risk management issues arising from institution's data-related partnerships.
Non-branch locations
Assisted innovative large financial institution developing non-branch storefronts to project banking services, and community development services, into underserved areas.
Brokered deposits
Advised large national bank on compliance with FDIC's new brokered deposits rules, relating to certain marketing partnerships and arrangements involving bank and its brokerage affiliates.
Charter conversion
Represented large regional bank on systematic evaluation of whether to convert charter from state-chartered, nonmember bank, to any one of several options considered.
Admitted to Practice
- District of Columbia, 2010
- U.S. Court of Appeals, 4th Circuit, 2011
- U.S. Court of Appeals, 5th Circuit, 2013
- U.S. Court of Appeals, 6th Circuit, 2010
- U.S. Court of Appeals, D.C. Circuit, 2013
- U.S. District Court, Eastern District of Virginia, 2010
- U.S. District Court, Western District of Virginia, 2011
- U.S. District Court, District of Columbia, 2012
- U.S. District Court, Eastern District of Pennsylvania, 2017
Education
- J.D., University of Alabama School of Law, summa cum laude
- B.S., Business Administration, Finance Concentration, University of South Alabama
Memberships & Affiliations
- Banking Editorial Advisory Board, Law360, 2015-2016
Professional Recognition
- Received the "Willard J. Wright Award for Outstanding Civic Activity," Davis Wright Tremaine, 2023
- Named to "Capital Pro Bono Honor Roll" by the D.C. Court of Appeals and the D.C. Superior Court, 2022
- Selected as a "D.C. Rising Star," The National Law Journal Legal Awards, 2022
- Selected as a "Washington D.C. Rising Star" in Banking, Super Lawyers, 2016-2017
Background
- Counsel, Financial Institutions Practice Group, WilmerHale, Washington, D.C., 2010-2018
- Law Clerk, United States District Court, Middle District of Alabama, Montgomery, Ala., 2008-2010