Banking & Financial Disputes
We represent banks, private lenders, fiduciaries and other financial institutions and services providers in complex disputes that affect their operations, customer relationships and reputations. Our litigators focus on practical, business-minded strategies designed to resolve matters efficiently, limit exposure and position clients for success in court, arbitration, regulatory proceedings or negotiated resolution.
Our experience spans disputes involving deposit and payment operations, commercial lending, workouts and foreclosures, fraud and negotiable instruments, fiduciary and trust-related claims, consumer finance litigation, broker-dealer matters and bank regulatory enforcement. We understand the speed, sensitivity and documentation demands that often accompany banking disputes, and we work with clients from the outset to identify the key facts, preserve leverage and pursue the most effective path forward.
Key Contacts
Partner
Newark, NJ
Philadelphia, PA
Partner
Louisville, KY
Partner
Charleston, WV
Partner
New York, NY
How We Help Clients
Our banking disputes experience includes the following areas:
- Commercial workouts, collection, foreclosure, receiverships, and lender liability defense
- Defense of state and federal securities fraud claims
- Regulatory compliance and litigation of both one-off and class action statutory claims
(e.g., EFTA, FDCPA, FCRA, RESPA, TILA, and UCC matters) - Corporate governance and control
- Deposit operations and fraud
- Electronic and check payments disputes
- Privacy and data security
- Uniform Commercial Code, negotiable instruments and banking statutes
- Title insurance defense and coverage matters
- Trust, probate, and other fiduciary litigation
- FINRA arbitrations and other broker-dealer matters
Representative matters include high-stakes disputes and proceedings for banks and financial services clients involving fiduciary claims, payment and deposit issues, loan enforcement, regulatory scrutiny and related securities or broker-dealer issues.
Some notable representations include:
- Obtained a defense award in a AAA arbitration on behalf of a bank in a $3.7 million fiduciary-duty claim involving allegations that the bank’s trust and investment management department over-concentrated an irrevocable trust’s multi-million-dollar portfolio in market-linked structured notes and other investments.
- Represented financial services clients in disputes arising from deposit operations, payment processing, account ownership, wire transfers, negotiable instruments, business email compromise schemes and related fraud claims.
- Handled disputes involving Uniform Commercial Code Articles 3, 4 and 4A, including negotiable instrument controversies, electronic payment claims and customer or bank-side loss-allocation issues.
- Represented creditors and lenders in commercial foreclosure actions, workouts, lien-priority disputes and related real estate litigation, including experience handling eight-figure commercial foreclosure matters.
- Defended banks and financial services providers in individual and class claims arising from lending transactions, foreclosure, repossession, bankruptcy and collection actions, mortgage-related litigation, overdrafts, fraud and other consumer finance issues.
- Represented financial institutions and consumer finance clients in investigations, examinations and enforcement proceedings involving state attorneys general, state financial protection agencies, the CFPB, FTC, FDIC and OCC, including matters involving mortgage, money-transmitter and consumer-finance licensing issues.
- Defended broker-dealer clients in FINRA arbitrations involving financial products, account administration, securities-related claims and alleged transaction errors, including matters in which claimants sought multi-million-dollar damages.
- Represented a foreign commercial bank in a $60 million conversion claim relating to the Lehman Brothers bankruptcy.
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