Kristine L. Roberts

Successfully defended banks against class claims relating to the processing of loan applications pursuant to the Paycheck Protection Program.

Successfully moved to dismiss shareholder derivative action against a corporation and its officers and directors, in which the plaintiff claimed breach of fiduciary duty and mismanagement relating to allegedly high-risk and fraudulent banking practices. Subsequently defended the dismissal order at the U.S. Court of Appeals for the Sixth Circuit.

Successfully moved to dismiss multiple Fair and Accurate Credit Transactions Act (FACTA) class actions for lack of Article III standing.

Successfully moved to dismiss a class action against a national bank in which the plaintiff alleged violations of the federal Fair Credit Reporting Act (FCRA).

Defeated motion for preliminary injunction brought by a shareholder seeking to enjoin vote on executive pay and asserting damages on behalf of a shareholder class.

Served as lead counsel for a servicer that successfully moved for judgment on the pleadings and won dismissal of a class action alleging violations of the Fair Debt Collection Practices Act (FDCPA).

Defeated a class action claiming FCRA violations arising out of alleged improper access of credit reports; the federal court granted a motion to dismiss for lack of standing, finding that the alleged injuries (invasion of privacy, related emotional distress, and increased risk of data breach) were insufficiently concrete.

Defended banks in multiple class actions involving allegations related to the assessment of overdraft fees and return item fees.

Served as lead counsel and negotiated favorable settlement of a shareholder derivative action and shareholder class action against a corporation's board of directors and officers, in which the plaintiffs alleged mismanagement, self-dealing, and fraud.

Obtained defense verdict in a breach of contract action tried to a jury in federal court in which the plaintiff had sought $2 million in earnout payments allegedly due under an asset purchase agreement.

Prevailed on a motion for summary judgment and successfully argued for affirmance on appeal to the U.S. Court of Appeals for the Tenth Circuit in a case arising out of the disposition of a business unit in which former employees claimed $2.4 million in damages for the alleged breach of a payment agreement.

Represented a national financial services company in an arbitration proceeding with a financial institution that included more than $30 million in repurchase claims involving hundreds of home equity lines of credit accounts.

Prevailed on behalf of a lender before the trial court and on appeal in an action alleging breach of an agreement to provide financing.

Won a directed verdict motion in a bench trial of a malicious prosecution action and successfully defended the verdict after its appeal to the Tennessee Court of Appeals.

Won a Rule 12(b)(6) dismissal of a lawsuit alleging that the plaintiff's rights under the Fourth Amendment to the U.S. Constitution were violated when the defendant entered and searched the plaintiff's residence, which was ultimately condemned.

Defended a major bank in a lawsuit by the conservator of an elderly customer alleging the bank should have prevented him from withdrawing more than $4 million from his bank accounts. Obtained a voluntary dismissal from the plaintiff.

Successfully represented municipality and utility division in successive billion-dollar, landmark water rights lawsuits filed by a neighboring state over rights to groundwater in an interstate aquifer. Most recently prevailed in an original action filed with the U.S. Supreme Court, culminating in a precedent-setting, unanimous ruling in favor of our clients. Previously prevailed in federal district court, defending the trial court dismissal at the U.S. Court of Appeals for the Fifth Circuit, and opposing the plaintiff's petition for certiorari to the U.S. Supreme Court.

Prevailed in the U.S. Court of Appeals for the Fifth Circuit, which upheld a district court's ruling in favor of our banking client regarding a claim brought under the Equal Credit Opportunity Act related to the Small Business Administration's Paycheck Protection Program.

Served as lead counsel on appeal that led to appellate court's vacating $24 million judgment against multiple clients.

Won partial summary judgment of claims for breach of contract, breach of fiduciary duty, conspiracy and punitive damages in case against fiduciary related to trust encroachments; achieved favorable settlement of remaining claims.

Represented a financial institution's trust department in dispute over trust distributions.

Won motion to dismiss shareholder class action alleging that a merger proxy violated Section 14(a) of the Securities Exchange Act of 1934.

Successfully represented a financial institution in a post-merger federal lawsuit challenging merger disclosures; the plaintiff voluntarily dismissed the case after the bank supplemented its disclosures, and the court denied the plaintiff's motion for attorney's fees.

Won an award favoring a broker-dealer client in a FINRA arbitration against an institutional investor seeking more than $3 million in damages for alleged fraud and unsuitable investment recommendations.

Successfully defended a financial institution in federal court action alleging violations of federal and state securities laws, commercial bribery, and aiding and abetting the breach of fiduciary duties.