Financial Services

Overview

Financial institutions are navigating an ever-changing landscape, balancing the need to service their customers and expand their businesses with the realities of increased pressures from regulators. Nixon Peabody’s Financial Services team is distinguished by its broad range of capabilities, solid understanding of our clients’ objectives, and practical approach to addressing

We help a range of market participants manage this complexity, including banks, investment houses, lenders, finance companies, real estate companies, brokers-dealers, hedge funds, private equity, cryptocurrency and blockchain technology companies, and more

From complex financing to regulatory issues to litigation matters, we have the right team to help you solve the toughest challenges, protect your right to operate, and ensure your business thrives.

Representative Experience

• Securities Fraud Defendants: Successfully defended nine pairs of Cayman Island- and Delaware-based issuer/co-issuer defendants in a $100 million securities fraud case involving the sale of CDOs, resulting in a complete dismissal of the case
• Investment Banker: Obtained summary judgment in federal court against the SEC in favor of investment banker accused of violating securities laws. The case was dismissed in its entirety and our client was completely vindicated.
• Hedge Fund & Key Operators: Represented hedge fund, its manager and trader in connection with SEC investigation for insider trading concerning a trade made in the hours preceding a takeover announcement. Successfully obtained termination notice following written and oral testimony six months after the investigation was opened
• Private Equity Fund: Secured favorable settlement for the fund in related parties’ dispute with investor over control of the target company
• British Virgin Island-based hedge fund: Advising the fund in a $50 million preference and clawback action brought by the Madoff trustee, in one of the first sales of Madoff-tied SIPA claims to a third party
• National Bank: Defended the bank against a $15 million lender liability action involving allegations of fraud, misrepresentation, and civil RICO claims arising from a failed flight school
• Key RMBS Player: Representing an influential individual in the residential mortgage-backed securities industry in actions brought by institutional investors who seek billions of dollars in rescission against issuers, sponsors, and underwriters
• Digital Currency Operations: Counselling multiple cryptocurrency and blockchain technology companies in internal and SEC investigations
• Fund Investors: Providing guidance for numerous European investors in a valuation dispute with an offshore affiliate of a US-based hedge fund
• International Financial Services Company: Advising a financial services company in several multi-billion-dollar disputes involving residential mortgage-backed securities (RMBS)

Recognition

• Nixon Peabody has been named a Tier 1 firm in Boston for Banking and Finance Law and Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, and in Rochester for Litigation - Banking & Finance by U.S. News – Best Lawyers® “Best Law Firms” in 2023.