Financial Institutions Litigation Group

Members of our Financial Institutions Litigation Group have extensive professional experience relating to disputes with banks including roles as: general counsel of a bank holding company, general counsel to a commercial bank, president of a mortgage bank, director of a mutual fund management company, and general counsel to an insurance company. We also have counsel experience with a variety of financial institutions including trust companies, private venture capital firms (and venture leasing companies), small business investment companies, commercial and residential mortgage companies, insurance and reinsurance brokers, insurers and reinsurers, operating lessors, real estate developers, and securities brokers and investment banks.

Our Financial Institutions Litigation Group partners have a wealth of experience related to the business practices of banks, including the following:

  • Commercial loan issues such as: (1) the priority of claims on collateral securing various loans, (2) intercreditor subordination and subrogation agreements as between various lenders 
  • Payments systems breakdowns and errors 
  • Consignment of precious metals and goods sold in commerce and the priority of those claims against claims of other creditors 
  • Fiduciary advisory errors 
  • Covenants, representations, and warranties in deposit, trusts, loan, and interbanks agreements mismanagement of accounts 
  • Clearing and settlements disputes 
  • Embezzlement or misappropriation of funds 
  • Calculations of interest owed 
  • Fraud or misappropriation in the sale or transfer of securities held in custody or otherwise

What We Do for Regional Banks

In addition to offering general guidance on different legal issues and day-to-day needs, other technology-related services we provide for regional banks include:

  • Provide guidance and drafting with respect to all vendor contracts relating to information technology, including bank’s teller software, ATM software, issuance of debit cards,  implementation of Apple Pay, Samsung Pay, Zelle and tokens, and their network servicing agreements
  • Develop and draft Terms of Use for websites and Digital Privacy Policies
  • Provide ongoing support relating to cybersecurity programs, including reviewing and offering amendments to Data Breach Incident Response Plans

Please note that we do not represent classes of individuals in actions against banks. We only represent commercial and financial institutions (including other banks).

For more information contact any member of our Financial Institutions Litigation Group.

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