Mary C. Zinsner

Mary focuses her practice on litigation and strategy in lender liability, check and bank operation, class action, consumer finance, fiduciary matters, and creditor’s rights disputes. While she is particularly experienced in the federal and state trial and appellate courts in Virginia, Maryland, and the District of Columbia, and the U.S. Court of Appeals for the Fourth Circuit, Mary represents banking clients in litigation and arbitrations across the U.S.

Mary has handled every type of litigation impacting financial services and consumers, ranging from significant lender liability matters to claims under the Uniform Commercial Code, Electronic Fund Transfer Act, Fair Credit Reporting Act, Real Estate Settlement Procedures Act, Truth in Lending Act, Fair Debt Collection Practices Act, Fair Housing Act, Gramm-Leach Bliley Act, Bank Secrecy Act, Racketeer Influenced and Corrupt Organization Act, and state consumer protection statutes. She is particularly knowledgeable about deposit litigation and issues facing banks in their retail operations.

Clients seek Mary’s counseling on compliance issues affecting retail banks and other financial institutions, including matters such as garnishments and pre-litigation disputes involving deposit accounts. She regularly advises clients on pressing issues in financial services litigation, including EFTA, mass arbitration, Ponzi schemes, and elder fraud issues. Mary applies “lessons learned” from litigation to help her clients with all aspects of their daily banking practices. She has also handled cross-border business disputes implicating international issues and multidistrict litigation.

In addition to financial services disputes, Mary has broad commercial litigation experience, regularly handling real property matters involving letters of intent, easements, joint ventures, option agreements, and other issues. She handles business tort, intellectual property, identity theft, and privacy matters, including trade secret theft, covenants not to compete, and other sensitive corporate disputes. Mary also has substantial experience in fiduciary and trust matters.

Since 2020, Mary has served as a neutral on the Roster of Arbitrators of the American Arbitration Association (AAA). As an arbitrator for AAA, she has handled dozens of consumer, commercial, and large complex cases involving myriad issues. Mary enjoys her work as an arbitrator, and her vast experience and understanding of the arbitration process helps her obtain excellent outcomes as an advocate for clients in various arbitral forums.

Mary is proud of her ties to Virginia. She clerked for the Honorable Claude M. Hilton, has practiced in the U.S. District Court for the Eastern District of Virginia for more than 30 years, and is a well-known practitioner in the rocket docket. Committed to cultivating professionalism and education on the rule of law, Mary served for six years on the Board of Directors of the Virginia Law Foundation. She is a former member of the Board of Governors of the Virginia Bar Association, a permanent member of the Judicial Conference of the U.S. Court of Appeals for the Fourth Circuit, and a master in the Pauline Newman Inn of Court.

Financial Institution Litigation

• Successfully represented multiple national, regional, and state-chartered banks, and credit unions against allegations of elder fraud and financial exploitation in connection with their handling of financial transactions for elder adults, including obtaining dismissal of claims asserting negligence, assumption of duty, violation of the Bank Secrecy Act, and failure to comply with regulatory guidelines protecting the elderly.
• Handled numerous EFTA matters for clients, obtaining dismissal of claims and evaluating cases for settlement.
• Represented a national bank and affiliates as court appointed co-counsel in MDL data breach litigation arising out of a well-publicized cybersecurity incident.
• Prevailed on behalf of mortgage division of a national bank in the Superior Court for District of Columbia and negotiated successful settlement in a case filed by a prominent public figure seeking rescission of a multimillion-dollar mortgage loan and alleging claims of violation of Equal Credit Opportunity Act, TILA, and other statutory and state law claims.
• Represented a state-chartered bank post-trial in an appeal and mediation in Florida state court following an adverse jury verdict and multimillion-dollar award in a case involving commercial lending and deposit issues, settling the case successfully for a fraction of the jury verdict.
• Represented the prevailing party in an appeal, obtaining reversal of a judgment against a bank arising from a garnishment dispute where the trial court ruled the bank liable for failing to freeze funds totaling hundreds of thousands of dollars in the subject account.
• Successfully defended and resolved a matter on behalf of a national banking association involving substantial liability on warranty and indemnification claims under the National Automated Clearing House Association (Nacha) rules and regulations, with the bank customer assuming costs of defense and settlement liability. The case involved significant bank customer and sensitive customer-relation issues.
• Regularly defends banks in cases alleging wire fraud and represents financial institutions in claims involving indemnification and assertions of liability between third parties and financial institutions.
• Successfully represents national banking associations, state-chartered banks, and community banks in defense of cases involving crooked bookkeepers and other allegations implicating Uniform Commercial Code liability.
• Represents multiple banks, credit card companies, and mortgage lending institutions in federal court litigation involving claims of violation of the FDCPA, FCRA, ECOA, TILA, and other consumer finance issues.
• Successfully defended and protected bank/mortgage client lien interests in dozens of cases filed by borrowers in multiple states in which they sought to avert foreclosure by asserting violations of federal and state consumer finance and consumer protection statutes.
• Regularly litigates pre-emption issues under various banking statutes.
• Prevailed on a motion to dismiss that was filed on behalf of a national banking association in a case filed by a court-appointed receiver seeking substantial damages and punitives arising out of an asset freeze order served on the bank in connection with a Ponzi scheme orchestrated by the former bank depositor.
• Successfully defended at the trial-court level, and represented the prevailing party in a Virginia Supreme Court appeal in a published opinion representing a national banking association arising from allegations of improper handling by the bank of a multiple-party account.
• Successfully defended multiple financial institutions in cases involving identity theft and related state law claims.
• Successfully represented multiple financial institutions and manufacturers in litigation filed to seize collateral (including airplanes, manufacturing equipment, computers, and intellectual property rights), appoint receivers, request prejudgment attachment, obtain judgment, and collect deficiencies arising out of multimillion-dollar lending and secured lease relationships.

Commercial Litigation

• Represented a Fortune 500 company in breach of contract litigation pending in the U.S. District Court for Eastern District of Virginia relating to software provider’s failed product and services.
• Prevailed in trial and appellate court representing company defending malicious prosecution claims in Maryland arising out of a defamation lawsuit initiated by the company in state court.
• Represented a global company in parallel litigation pending in federal court in Virginia and Canada arising out of an employment relationship; the case involved issues of trade secret theft and claims under stock incentive plans.
• Represented a national nonprofit sport association in a governance dispute pending in federal court and managing communications with press and an international governing council with respect to the association’s sponsored teams and interests.
• Represented the defendant in a copyright action pending in federal court in Virginia involving a computer software program resulting in significant attorney’s fee recovery for the defendant in settlement.
• Represented multiple companies engaged in intellectual property and contractual disputes involving computer software.
• Served as local counsel to a leading telecommunications company in a case pending in the U.S. District Court for the Eastern District of Virginia involving national implications to the telecommunications industry.
• Served as Virginia defense counsel to pharmaceutical companies and manufacturers in product liability cases with national significance pending in Virginia.
• Represented the landlord of a large upscale retail mall and other commercial landlords in significant state and federal court litigation.
• Successfully represented insurers in ERISA and insurance coverage disputes.
• Represented lenders in multiple receivership actions, securing commercial property from borrower waste, or dissipation of assets. Successfully obtained orders allowing sale of property and full payoff of debt obligations.

Fiduciary and Estate Litigation

• Represented a national banking association in a successful 12(b)(6) motion before the federal district court, affirmed by the Fourth Circuit Court of Appeals in its published opinion, holding that the bank was not liable to the customer for breach of written contract for failing to follow an alleged oral investment directive of the customer where the discretionary investment account agreement conferred discretion on the bank to make investment decisions and required investment directives to be in writing to be binding.
• Prevailed on motion to dismiss on behalf of national bank defending claims of negligence, breach of fiduciary duty, breach of contract, conversion, and other claims arising out of bank’s handling of family trust.
• Regularly represent individuals, heirs, beneficiaries, and family trusts in litigation relating to asset distribution, estate matters, and probate disputes.

Real Property Litigation

• Litigated numerous claims for commercial landlords and tenants in litigation in state and federal court involving monetary and nonmonetary defaults.
• Represented a state-chartered bank in high-profile litigation initiated by unincorporated associations seeking to enforce easement by public dedication over the bank’s real property.
• Successfully settled, for fraction of amount, dispute of claim by prospective purchaser alleging bank improperly refused its exercise of an option to purchase bank-owned real estate.
• Represented the Episcopal Diocese of Virginia in multiple cases consolidated under the Virginia Multiple Claimant Litigation Act in the Circuit Court of Fairfax County, VA, involving departing congregations’ claims to historic churches and millions of dollars in real estate. Case involved interplay of Virginia’s church property statutes, constitutional, canon, and common law.

• Best Lawyers in America®: Commercial Litigation (2013-2026)
• Super Lawyers, Business Litigation (2013-2020)
• Washington Business Journal, Finalist, Top Washington Lawyer, Corporate Litigation (2008)
• James C. Roberts Award recognizing outstanding pro bono performance in the firm’s Northern Region, Troutman Sanders LLP (2006)
• Virginia Bar Association, Fellows Award (2001)
• Virginia Bar Association, Emerson G. Spies Award, Young Lawyers Division (1997)
• Legal Services of Northern Virginia, Pro Bono Award (1997)
• Martindale-Hubbell’s highest rating for legal ability and ethical standards
• JD Supra Readers’ Choice Awards, Alternative Dispute Resolution (2025)