Banking Ligation

The banking and finance litigation team provides advising and litigation services to banking, financial, and securities institutions, as well as representing them in both claims brought against them and claims brought against them. The team's experience includes both advisory work on all aspects of financial institution law, such as banking law, securities law, receivership and insolvency, and litigation work, such as loan recovery, execution proceedings, security enforcement, receiverships, liquidation and bankruptcy proceedings, and schemes of arrangement and debtor restructuring.

Traditional retail and corporate credit facilities, syndicated loans, Islamic financing, trade facilities, performance guarantees, share margin facilities, hire purchase and leasing, international trade and finance, foreign exchange transactions, financial derivatives, bills of exchange, and private debt are all included in the services offered.

Financial litigation includes civil, criminal, and/or administrative claims and investigations involving money and financial transactions, such as banks (both commercial and investment), mortgage lenders, consumer finance companies, credit card companies, payment processing and multi-currency service firms, credit unions, brokerage firms, and investment firms.

Banking and finance litigation often stems from disputes and investigations involving stock and commodities exchanges, pricing, disclosure, management, and service difficulties, as well as individual loans, trades, transactions, or financial products. These industries, on the other hand, are among the most heavily regulated and inspected since consumers and/or public shareholders are frequently engaged. Banks and financial services institutions, many of which are publicly traded, must follow a variety of laws, including federal and state securities laws, Dodd-Frank, the Bank Secrecy Act, the Patriot Act, credit card and consumer protection laws, Truth in Lending, Equal Credit Opportunity, Fair Credit Reporting Act, and Fair Debt Collection Practices Accreditation.

Government agencies such as the Securities and Exchange Commission, FINRA, the Department of Justice, state attorneys general, the Commodities Futures Trading Commission, FTC, Treasury Department, Consumer Financial Protection Bureau, OCC, and other regulators frequently target banks and financial institutions in their investigations and enforcement actions. A financial litigator's work also includes advising businesses on their potential liability and risk of failing to comply with relevant laws and regulations.

Financial litigators have a wide range of experience representing both corporate and individual clients in disputes involving the federal securities laws, as well as state corporate, consumer, securities, and common laws, as well as bankruptcy processes. Shareholder class actions and derivative suits challenging the validity of disclosures and the appropriateness of transactions, as well as suits alleging insider trading, broker-dealer non-compliance, financial reporting misrepresentations, and securities or other fraud, are examples of such matters.

Financial litigators should also have experience representing business directors and officers in cases involving alleged breaches of fiduciary and other obligations. Officers and directors' responsibilities are frequently linked with the substantive allegations claimed against the financial institutions for which they work.

The attorneys have also represented the FDIC and the RTC in actions involving claims against failed savings and loan organisations and commercial banks, as well as in financial institution and securities regulatory concerns and professional liability disputes.

We understand that litigation occurs in the context of a business transaction. As a result, true litigation success necessitates gaining favourable decisions soon, hence reducing the cost of the dispute. To accomplish this, there should be formation of smaller teams with a more in-depth understanding of the facts and applicable law in each case and To approach each new case with an aggressive, phased strategy aimed at maximising advantages, minimising exposure, and achieving highly favourable outcomes without the need for protracted litigation.

Preparation and knowledge are essential. Being well-prepared is essential. Knowledge is the source of skillful action. There should be conduct audits of online court dockets to determine the most recent litigation methods employed by debt reduction and consumer law companies, and we establish proactive*e pre-litigation processes and specialised litigation plans to safeguard our clients and promptly resolve these claims.

The Banking Litigation division handles a variety of issues, including:

Class actions for consumer fraud

Interest rate swaps and credit derivatives are two types of interest rate swaps.

Loan and guarantee-related disagreements

The defence of “lender liability”

Check collection and deposit claims, as well as bank-depositor connections

Securitization, loan syndications, aircraft and machinery leasing, and factoring are all examples of complex bank financing lawsuits.

Disputes regarding commercial paper, such as negotiable instruments and the position of "holder in due course."

Electronic funds transfer-related claims

Letters of credit and foreign currency transactions are examples of actions involving letters of credit.

Foreclosure and bankruptcy cases involving banks

Finally, professional financial services litigators defend and prosecute claims stemming from complex securities, derivatives, commodities, and foreign exchange transactions in both litigation and arbitration processes across the United States and around the world. Dealing with such claims frequently needs a detailed understanding of state and international legislation, laws, norms, and practise.