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INDUSTRY

Banking Litigation

We represent financial institutions ranging from national banks to credit unions and community banks in litigation matters nationwide, in state and federal courts and administrative proceedings. We understand the operations of our clients, and provide litigation, compliance, and regulatory advice in an environment of constant regulatory change and unsettled financial markets.

Our banking litigation team has decades of experience in claims arising out of commercial and retail banking relationships, lender liability, altered and forged instruments, unauthorized wire and deposit account transactions, credit card and electronic fund transactions, disputes initiated by customers and other banks arising from business email compromise, “bad bookkeeper” claims, and causes of action predicated on alleged violations of the Uniform Commercial Code and regulatory statutes such as Dodd Frank, the Bank Secrecy Act, and FIRREA. We also represent credit card issuers and servicers in individual and class actions involving allegations that promotions, marketing, and disclosure practices violate federal and state law.

The team includes attorneys who have substantial experience working in-house at financial institutions. We understand banking operations, and regularly visit our clients to better know and understand lines of business and responsibilities of different units. Our team strives to stay aware of changes in operations of financial clients, and we provide litigation, compliance, and regulatory advice designed to achieve results compatible with business practicalities. When the need arises, we involve our government investigation, enforcement, and compliance attorneys for the conduct of internal criminal and regulatory investigations and audits. 

Representative Matters

  • Regular representation of financial institutions in claims of wire fraud, embezzlement, and theft involving millions of dollars; achieving resolution of indemnification claims between financial institutions and obtaining restitution awards.
  • Represent national and regional banks nationwide in defense of hundreds of UCC and common law claims arising out of commercial and individual deposit accounts.
  • Defend state-chartered, regional, and national banks at trial and on appeal in matters involving commercial lending and deposit issues, often settling cases successfully for fraction of amount in dispute.
  • Regular representation of financial institutions defending claims based on alleged breach of fiduciary and contractual duties relating to investment accounts.
  • Defense of banks in pre-judgment attachment, SEC, and governmental freeze order, and garnishment disputes including allegations pertaining to liability for failing to freeze funds totaling hundreds of thousands of dollars.
  • Successful defense of national banks involving substantial liability on warranty and indemnification claims under the National Automated Clearing House Association (Nacha) rules and regulations, with bank customers assuming costs of defense and settlement liability in cases involving sensitive customer relation issues.
  • Commercial disputes with vendors, lessors, third-parties relating to business torts, intellectual property, and contract, including initiating claims pertaining to protection of the privacy and security of personal identification information of customers.

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2024 Consumer Financial Services Year in Review

Our review of key developments in the past year and a look at what’s to come.