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Financial Services Litigation and Counseling

The Financial Services sector is highly regulated and the laws and regulations constantly change. Our Financial Services Litigation and Counseling team is here to help. Our clients include banks, credit unions, trade associations, alternative lenders, short-term lenders, online lenders, billing companies, check-cashing companies, payment processors, financial technology (FinTech) companies, insurance companies, mortgage servicers, service providers, broker-dealers and everyone in between.

We handle disputes—commercial and consumer—in courtrooms, arbitration hearings, mediations and administrative proceedings. We also counsel clients regarding compliance with the wide range of Financial Services laws and regulations to solve problems before the dispute arises.

We understand the Financial Services landscape and how to achieve the results our clients need. Please click here or visit the "Key Matters" Tab above to learn more about our commercial and consumer financial services litigation and counseling experience.

Representative Experience

Commercial Financial Services Litigation
We represent Financial Services clients in all manner of traditional commercial litigation, including loan defaults, guarantor litigation, mortgage foreclosures, Uniform Commercial Code disputes, contract interpretation and breach, trust and estate matters and data breaches, among others. A few examples of our experience:
 
  • Defending credit union against class action and potential multi-district litigation arising from CARES Act Paycheck Protection Program (PPP) loans, specifically claims by alleged “agents” that PPP lenders are required to pay agent fees
  • Representing credit union trade association in Ohio Supreme Court amicus filing relative to cognovit note statute
  • Advise clients relating to mobile payments, blockchain, cryptocurrency, and the Internet of Things.
  • Represented the FHFA, as Conservator for Fannie Mae and Freddie Mac, in successful challenge to Chicago’s Vacant Property Ordinance on federal preemption grounds
  • Obtained verdict in favor of client after three-week trial relating to claims asserted by the trustee of residential mortgage-backed securities (RMBS) seeking in excess of $100 million.
  • Represented national bank in threatened eviction action and closure of bank branch by landlord
  • Represent bank in “sovereign citizen” lawsuit alleging improper rejection of tender of check and fraud
  • Recovered substantial funds for large regional bank in lawsuit against former officer who engaged in fraud and embezzlement
  • Defending medical billing specialist company in claims relating to contracts with medical practices
  • Represent lenders regarding lending to the cannabis industry
  • Represented hedge funds and private equity funds in recovering assets exceeding tens of millions of dollars lost through Ponzi Scheme
  • Represented a corporate receiver in claim against former directors and outside investment advisors of an insolvent company involving investments in subprime assets
  • Represent broker-dealers and other investment professionals in enforcement actions before the SEC and state divisions of securities and arbitration proceedings before the FINRA
  • Represented large regional bank pursuing non-competition claims against former key employees
  • Served as the risk mitigation team for a large national bank in matters relating to law enforcement, regulatory enforcement and other risk mitigation
  • Represent trusts, estates, and beneficiaries in all aspects of litigation, including will contests, will and trust interpretation, breaches of fiduciary duty, disputed claims, and tax disputes
  • Successfully defended bank, as trustee, in action challenging the presumption that an adult child is a descendent of the adopting parent for inheritance purposes
  • Represented insurers with respect to market conduct examinations and regulatory assessments
  • Counsel insurers regarding detection of fraud by insured and compliance with State insurance requirements regarding policy termination
  • Counseled short-term lender regarding impact of amended State statute and regulations
  • Represented creditors and debtors in bankruptcy proceedings
Consumer Financial Services Litigation and Counseling
Clients in the Consumer Financial Services industry require early and informed compliance counseling and assistance with disputes that arise. Our team has substantial experience in the most heavily-litigated consumer protection laws—the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA), the Equal Credit Opportunity Act (ECOA), the Fair Debt Collection Practices Act (FDCPA), the Truth in Lending Act (TILA), the Real Estate Settlement Practices Act (RESPA), claims for unfair, deceptive, or abusive acts or practices (UDAP or UDAAP), and more. A few examples of our experience:

Litigation
  • Represent insurers in multiple class actions interpreting actual cash value policies in total loss coverage disputes
  • Defended large regional bank in data breach class action involving over 30 million credit card numbers; defeated class certification
  • Have represented clients in more than 200 lawsuits relating to alleged violation of the Telephone Consumer Protection Act (TCPA) 
  • Regularly represent clients in class and individual actions for violations of the Fair Credit Reporting Act (FCRA), including claims relating to employment background checks, credit checks, and disclosures and notices
  • Successfully defended national bank in nationwide Real Estate Practices Act (RESPA) class action premised on allegedly improper fee-splitting, obtaining dismissal of complain for failure to state a claim; affirmed on appeal to the 11th Circuit Court of Appeals
  • Defended loan servicer in nationwide RICO class action arising from alleged overcharges for Lender Placed Insurance; resolved case on an individual basis after close of discovery
  • Secured reversal of a class certification order in case against a national bank, demonstrating the predominance requirement was not proved relative to the Florida Deceptive and Unfair Trade Practices Act claims
  • Obtained early dismissal of class action lawsuit alleging that short-term lender violated State consumer protection statute
  • Represent medical billing and collections company in litigation regarding contract performance
  • Represent insurer in defense of litigation by insured relating to termination of policy
  • Defended parking garage operator against claims alleging violations of the Fair Debt Collection Practices Act (FDCPA) for ticketing and “booting” vehicle for parking violations
Counseling
  • Advise online consumer data aggregator regarding compliance with consumer protection statutes, including Equal Credit Opportunity Act (ECOA), Real Estate Settlement Practices Act (RESPA), and State licensing requirements
  • Advise online fraud detection service provider regarding compliance with consumer protection statutes, including Fair Credit Reporting Act (FCRA), State mini-FCRA statutes, CAN-SPAM Act, and Gramm-Leach-Bliley Act (GLBA)
  • Advise private investment fund regarding consumer finance risks associated with investment in online data aggregation company
  • Advise Financial Technology (FinTech) companies in all manner of consumer finance and data breach matters
  • Advise company specializing in consumer attraction and consumer experience for online retailers regarding FCRA disclosure and consent, background check, and risk-based pricing notices, and pre-adverse action and adverse action notice requirements
  • Advised temporary staffing company regarding compliance with FCRA hiring, staffing, disclosure, consent, processes, and adverse action and pre-adverse action notices
  • Advised health system regarding compliance with Fair Credit Billing Act (FCBA)
  • Advised bank and depository institution regarding consumer finance risks associated with investment in online lending platform
  • Advised education institution regarding Truth in Lending Act (TILA), ECOA, Military Lending Act (MLA), and Service-Members Civil Relief Act (SCRA) risks associated with implementing a private student loan program to assist with federal student loans
  • Advised insurer regarding investigation of policy-holder fraud relating to accident insurance policies and termination of insurance contracts

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