Financial Services Litigation

Represented regional national bank in various individual and class action suits seeking in excess of $100 million damages for imposition of checking account fees, which resulted in judgment in favor of the bank. 

Won case in favor of large Tennessee bank on claims for the conversion of negotiable instruments. This decision overturned a 1995 Tennessee Court of Appeals decision to the contrary. Under the former rule of law, the bank was obliged to defend itself against a $700,000 claim. Plaintiffs won only $200,000 at the earlier trial and the result of this case eradicated that ruling.

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.

Successfully represented a leading financial institution against individual and class-wide claims brought on behalf of mortgagors in the aftermath of hurricanes Katrina and Rita in both Louisiana state and federal courts, obtaining involuntary dismissals in eight separate cases.

Obtained summary judgment for a national bank in a data breach case in the Northern District of Alabama. Plaintiff's identity was stolen and alleged it was because the bank caused a breach by not encrypting a loan application sent via a PDF Attachment to an email. We defended the case on issue of proximate cause; the court agreed and granted summary judgment.

Successfully resolved claims pursued over the better part of a decade by RTC/FDIC against various officers and directors for alleged breach of fiduciary duty and related misconduct surrounding the purported post-FIRREA insolvency of a recapitalized thrift that presented novel and complex issues regarding the ability of regulated institutions and their principals and investors to protect contributed real estate assets and operations through bankruptcy and other non-regulatory activities and proceedings.

Obtained the dismissal of a Kentucky merger bank and its holding company from suit in Louisiana state court alleging negligence by the bank in accepting numerous fraudulent items over an extended period, which facilitated a massive embezzlement scheme.

Obtained summary judgment for a national financial institution in a lawsuit alleging multiple violations of the Right to Financial Privacy Act.

Successfully represented national and regional banks in shareholder derivative actions against the bank and investors and officers alleging mismanagement, fraud, and breach of duties.

Served as chief trial counsel in $2 million litigation arising from defaults of a bankrupt corporation.

Represented national collection agency in state Consumer Protection Act, Fair Debt Collection Practices Act (FDCPA) consumer fraud claim; favorable settlement reached and concluded after class notification.

Obtained dismissal of claim against bank seeking damages in excess of $10 million based upon alleged conspiracy in assisting executor of estate in misappropriating estate assets. 

Represented state and national banks in obtaining dismissal of class action claims asserting damages in excess of $130 million for violation of federal and state law arising out of banks' charging insurance premiums in connection with automobile loans.

Represented financial services companies in putative class actions alleging breach of fiduciary duty and violation of state Consumer Protection Act, resulting in successful enforcement of an arbitration clause in the consumer agreement.

Obtained dismissal in several class action suits brought against mortgage lenders seeking damages based on claimed excessive real estate closing costs, usurious interest charges, and fees in violation of state and federal laws.

Successfully defended and obtained judgments in state and federal courts in favor of lenders sued by commercial customers seeking damages based upon activities of the lenders in collecting loans which were characterized as violating the lenders' obligation of good faith and fair dealing, various loan agreement provisions, and state and federal statutes.

Represented foreclosure firm in a class action under the FDCPA brought after the U.S. Court of Appeals for the Eleventh Circuit expanded the circumstances under which such claims could be brought against law firms conducting non-judicial foreclosures. In response to a motion to dismiss, the magistrate issued a report and recommendation recommending that the lawsuit be dismissed. Although the district court declined to adopt the report and recommendation, a favorable settlement was reached before discovery or class certification.

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.

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

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.

After being retained post-trial, successfully represented a national mortgage servicer by overturning a jury verdict for violation of the Tennessee Consumer Protection Act and obtaining an affirming opinion from the Tennessee Court of Appeals.

Defended a national auto insurer in a proposed class action alleging claims related to the assessment of deductibles for uninsured motorist accident claims.

Successfully defended a national bank against claims under the Telephone Consumer Protection Act, winning a motion for judgment on partial findings of fact after the plaintiff rested her case at the bench trial.

Won summary judgment for a major bank in a federal lawsuit alleging the bank violated state law by transferring money to a hacker rather than the intended recipient.

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.

Won a motion to dismiss on behalf of a large regional bank in a lawsuit alleging the bank committed fraud by representing that its customers had enough funds to repay a loan to the plaintiff. 

Assisted a wealth management company in the remediation of an incentive compensation plan that was administered erroneously, resulting in millions of dollars in overpayments to its financial professionals.

Represented a major lender in the domestication of a $173,000 out-of-state judgment in Tennessee. Won a motion for contempt and obtained an order for the payment of $150,000 plus attorneys' fees.

Represented numerous financial institutions with regard to compliance with privacy and cybersecurity laws and regulations, including GLBA, CCPA, CPRA, GDPR, HIPAA, FCRA, and TCPA.