[vc_row][vc_column width=”1/3″ css=”.vc_custom_1475683344208{padding-right: 0px !important;padding-left: 0px !important;}”][vc_btn title=”Back to Banking and Financial Services” style=”flat” shape=”square” align=”left” i_icon_fontawesome=”fa fa-angle-right” link=”url:%2Fbanking-and-financial-services%2F|||” add_icon=”true” el_class=”rep-matters-button”][/vc_column][vc_column width=”2/3″][vc_column_text]Litigation

  • Successfully defended and secured a summary judgment for a national bank on claims of alleged aiding and abetting breach of fiduciary duty, civil conspiracy, breach of implied covenant of good faith and fair dealing, and fraud in the inducement for a commercial real estate and partnership dispute on notes in excess of $20 million
  • Successfully brought a preliminary injunction and temporary restraining order for a community bank against an investment adviser
  • Successfully settled claims for a national bank client regarding alleged fraudulent endorsement, unauthorized signature and alleged misuse of a customer’s property
  • Obtained case dismissals and favorably settled claims for a national bank on several matters under the Uniform Commercial Code (UCC) regarding alleged conversion of instruments
  • Successfully settled claims for a regional bank insured through its carrier and two former employees in allegations of false arrest, false imprisonment, conspiracy, vicarious liability, negligence and malicious prosecution of a civilian arrested by the police
  • Successfully settled claims regarding alleged allocation of payment of a burial reserve account and checking account to a funeral home upon the death of a customer for a national bank
  • Successfully obtained a dismissal for a national bank on claims of improper repossession of property
  • After initial motions were filed and discovery investigation ensued, successfully received a voluntary dismissal by the plaintiff against our national bank client, where claims involved alleged forgery of instrument and unauthorized signature
  • Negotiated a favorable settlement for a real estate services firm regarding an alleged breach of an employee’s non-compete and non-solicitation agreement
  • Successfully negotiated a favorable settlement for a community bank on an alleged claim of forgery on collateral instruments
  • Successfully settled a threatened litigation claim for a financial institution on alleged wrongful conversion of property
  • Successfully settled and resolved claims of improper collection of monies due to an alleged unauthorized signature against a financial institution prior to costly litigation proceedings
  • Defended a national bank in pre-complaint discovery seeking documents in aid of preparation of a complaint
  • Successfully settled a claim for a national bank on various allegations under the Fair Credit Reporting Act (FCRA) and related state law
  • Secured a successful settlement for a financial institution on claims of alleged noncompliance with certain aspects of the Americans with Disabilities Act
  • Defended a Chapter 11 bankruptcy creditor/lender on fraudulent conveyance and preferential transfer actions
  • Represented a Chapter 11 bankruptcy creditor/lender seeking a non-dischargeabilty order based on the alleged fraudulent actions of debtor
  • Defended a Chapter 11 bankruptcy creditor/lender in an action seeking to bifurcate secured claims
  • Successfully secured dismissal for a former corporate officer on alleged claims of breach of fiduciary duty arising prior to and allegedly after insolvency of parent company
  • Successfully secured a dismissal for a national bank facing claims of alleged improper termination of a customer’s private line of credit
  • Successfully achieved dismissal of claims brought under the Unfair Trade Practices and Consumer Protection Law seeking assignee liability from a national bank in its alleged role in persuading a consumer to purchase a new vehicle
  • Successfully settled a claim for a national bank client alleging several common law tort-based claims for the improper taking of client funds
  • Obtained dismissal on motion to dismiss for a national bank on claims of an alleged breach of contract under a Totten Trust instrument
  • Defended a national bank in response to third-party subpoena to attend and testify
  • Successfully settled claims for a national bank against an insurer and a broker regarding payments due under BOLI policies
  • Successfully obtained dismissal for a community bank against purported claims of fraudulent endorsement on various national and international allegedly fraudulent checks
  • Defending a national bank against the alleged theft of property and missing content claim for jewelry and related items stored in a customer’s safety deposit box
  • Defending a bank client and its corporate parent against various UCC, state common law and state-based consumer protection law statutory causes of action for alleged improper notices of repossession, notices of deficiency and related consumer class action claims
  • Defending a national bank against claims for the purported improper escheatment of customer funds
  • To mitigate risk of loss, performing cybersecurity and related indemnity analysis and evaluation for banking client
  • Defending a national bank on claims alleging statutory fraudulent transfer of funds
  • Defending a national bank in pre-complaint discovery seeking documents in aid of preparation of a complaint
  • Defending a national bank on claims concerning distribution of proceeds under applicable trust instruments
  • Defending state savings bank against claims for alleged improper transmission of electronic funds

 

Transactional

  • Prepared the documentation for and represented a purchaser/borrower in a $17 million asset purchase for a new line of business selling and leasing energy equipment, and the refinance of a waste water treatment facility
  • Represented a financial institution in and documented the transaction for the refinancing of an $80 million term loan
  • Represented a financial institution in and documented the transaction for the refinancing of a $30 million term loan
  • Represented a financial institution in and documented the transaction to finance $3 million of improvements to a waste water treatment system of a municipal authority
  • Represented a financial institution in and documented a $2 million bond refinancing of a local municipal authority
  • Represented a financial institution in and documented the transaction for $17 million to fund the construction of a new hotel
  • Represented a seller in an $8 million sale of a local franchise which also involved the sale of commercial real estate
  • Represented a financial institution in and documented the transaction for the refinancing of an $8 million term loan and $3 million revolving line of credit
  • Represented and counseled a financial institution in determining the rights and obligations pursuant to a commercial loan transaction
  • Counseled a financial institution in determining its rights and obligations through collection and creditor action
  • Obtained past-due and administrative rents for a commercial landlord in a tenant’s Chapter 11 bankruptcy proceeding

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