Banking and Financial Institutions

This includes matters concerning issues between a bank and its customer, such as forged or counterfeit checks, or missing or improper indorsements on checks. Banking and financial institutions matters could involve how the bank deals with its borrowers, such as, for example, causing damage to the business, giving rise to lender liability. This could include matters involving promissory notes, deeds of trust, security agreements, and letters of credit, as well as problems with unlawful interest charges. We are also experienced with matters involving relations with banking regulators.

Representative Matters:

  • Representation of the FDIC regarding conduct of a failed bank’s directors and officers concerning losses of tens of millions of dollars arising out of the failed bank’s loans.
  • Represented the FDIC/FSLIC as Receiver in prosecuting claims on loan agreements and promissory notes and defending against lender liability claims.
  • Represented banks and savings and loan associations in numerous claims and lawsuits for recovery on promissory notes and loans.
  • Represented savings and loan association in obtaining an ex-parte (with no notice) pre-judgment writ of attachment resulting in obtaining all of the debtor’s assets pre-judgment, including the placement of a keeper for all cash receipts and sales of a jewelry business.
  • Obtained recoveries from bank for clients who invested in Auction Rate Securities after the “auctions” for such securities had failed.
  • Defended a multi-million-dollar lender liability claim alleging fraud, breach of fiduciary duty and negligence against a major national bank and the former Chairman of the Board of one of its acquired banks.
  • Defended national bank and independent bank in numerous cases based on forged, altered, and counterfeited checks, and missing indorsements on multi-party checks.
  • Obtained substantial recoveries for individuals for claims against banks in cases based on forged, altered, and counterfeit checks, and missing indorsements on multi-party checks.
  • Represented a major national bank in wrongful foreclosure and slander of title cases.
  • Obtained on behalf of a major national bank non-suit in the trial of a lawsuit involving recreational vehicle financing.
  • Represented national bank regarding claims concerning letter of credit relating to frozen Iranian assets.
  • Represented national bank regarding claims under the Perishable Agricultural and Commodities Act (PACA).