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Financial Services Litigation

Our attorneys have extensive experience with all phases of financial institutions litigation, arbitration, and contested regulatory proceedings. We routinely handle such matters from pre-litigation advice and investigation, through initial case assessment, dispositive motions, class certification, discovery (including extensive experience with complex e-discovery issues and responding to subpoenas), trial, and appeal. While we most frequently represent defendants, we are also experienced in presenting claims on behalf of plaintiffs. We have litigated on behalf of banks, savings institutions, their holding companies, finance companies, other non-bank lenders, officers, directors, investors, trade associations, and (occasionally) governmental entities.

  • Our Financial Institutions Litigation team includes numerous attorneys with extensive first-chair trial experience, many seasoned appellate advocates, and one of the most highly regarded and successful Supreme Court practitioners in the country; the roster includes a former U.S. Attorney, several former senior attorneys at the OCC and FDIC, and several former Assistant U.S. Attorneys.
  • Our financial institutions litigation and arbitration portfolio includes matters related to consumer lending, mortgage securitization, regulatory enforcement, challenges to statutes and regulations, contract disputes, takings claims, tax and tax-benefit disputes, deceptive-practices claims, statutory claims (under TILA, FDCPA, state and federal False Claims Acts, and other statutes), antitrust claims, securities claims, and a variety of other subject matters. We have also recently presented several successful challenges to state and local regulatory and disclosure enactments on grounds of federal preemption.
  • We also have extensive recent experience litigating class-action matters involving overdraft-fee practices, credit-card account disclosures, and mortgage servicing and origination practices, as well as defending financial institutions against claims for breach of securitization-trust reps and warranties. We were recently engaged to handle more than 50 cases involving the interpretation and application of the tax-exemption terms of certain federal financial institution charters. We regularly represent major financial institutions in securities matters, including SEC investigations and enforcement actions, as well as class actions alleging securities fraud and related securities law violations.

Experience Highlights

  • Visa in numerous actions, including nationwide putative class actions challenging the default interchange fees set in the Visa (and MasterCard) systems as well as other system rules.

  • JPMorgan Chase in successful defense and appeal of Sarbanes-Oxley whistleblower case.

  • Capital Plus Financial in a dispute related to Paycheck Protection Program loans, resulting in a dismissal of all claims for lack of jurisdiction.

  • Aegis Capital Corp., its CEO, and former employees, in multiple state and federal class actions arising out of the IPO of YayYo, Inc. The court granted final approval of a settlement that will resolve all claims against Aegis capital.

  •  New York Community Bancorp in a significant trial victory in the New York State Court and the Department of Labor’s Administrative Review Board relating to the termination of several employees.

  • Broadway Financial Corporation in securing dismissal of plaintiff's claims arising out of a merger with CFBanc Corporation.

  • Jefferies in successful defense of $100 million suit relating to the tax increment finance sale of a historic hotel and library in Dallas, Texas. Obtained a complete dismissal with prejudice of all claims in the Second Court of Appeals and at trial court in Fort Worth, Texas, and successfully recovered attorney fees.

  • Charles Schwab in defeating class certification in a purported 10b-5 securities class action that alleged Schwab failed to properly disclose the manner in which it routed customer equity trades to UBS pursuant to an agreement entered into between Schwab and UBS.

  • Special Committee of the Board of Directors of Western Union as independent counsel charged with reviewing and investigating shareholder demand letters alleging breaches of directors’ and officers’ duty to oversee anti-money laundering and fraud compliance related to the cross-border transfer of fund.

  • AIG in persuading the Oregon Court of Appeals to reverse an $18 million judgment, and then persuaded the Oregon Supreme Court to deny review in a long-running insurance contribution dispute under the Oregon Environmental Cleanup Assistance Act.

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Recognition

  • The Legal 500 US
    Financial Services Litigation (2024)
  • U.S. News & World Report and Best Lawyers
    “Best Law Firms” for Bet-the-Company Litigation—San Francisco (2025)
    “Best Law Firms” for Securities Litigation—Washington, D.C., National (2024)
  • Benchmark Litigation
    Recommended – Dispute Resolution — California; New York (2024)
    Highly Recommended – Dispute Resolution — District of Columbia (2024)
  • Chambers FinTech
    FinTech Legal (USA) (2024)
  • Law360