Financial Institutions & Banking Disputes

Overview

NP assists businesses like yours in navigating complex financial institutions and banking disputes. Our veteran trial lawyers bring a no-surprises approach and work closely with you to craft a tailored solution that helps you manage to the bottom line.

We advocate for banks, broker-dealers, and other public and private companies in the courtroom, before regulatory agencies, and in ADR. Our team also assists regulators and receivers with their analysis of failed institutions.

We litigate the full gamut of litigation in your industry, including claims and class actions in connection with consumer protection, unfair competition, trade secrets, fiduciary duties, and professional and lender liability. In addition, we can represent you in enforcement matters, FINRA arbitrations, and compliance investigations.

Rely on our acumen to minimize the impact of a dispute on your company’s performance.

Representative experience

• FDIC in numerous liability investigations and/or litigations arising out of the failure of a number of financial institutions nationwide.
• First chair trial counsel representing executive in a FINRA arbitration defending against breach of fiduciary duty and restrictive covenants claims.
• Pioneered the use of federal statutory interpleader in combination with a little-known federal lien enforcement statute to provide world-wide quasi in rem jurisdiction to resolve disputes over the interpretation of billions of dollars of structured debt products.
• Obtained dismissal, at both the trial and appellate levels, on behalf of financial institution in dispute over standing to litigate claims on behalf of trust beneficiary.
• Negotiated favorable settlement for a student loan lender defending against claims that it had violated the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and several state consumer protection laws.
• Defended an executive vice president of a large mortgage brokerage company against breach of fiduciary duty and duty of loyalty claims.
• Various companies in connection with accessing CARES Act funding, including PPP funds, the Main Street Lending Program, and the Provider Relief Fund.
• State Street bank in various employment and compliance-related litigation.
• Canadian bank in international check kiting scheme. Secured an attachment and trustee process in Massachusetts Superior Court.
• National bank against a $15 million lender liability action in Florida involving allegations of fraud, misrepresentation, and civil RICO claims arising from a failed flight school.

Recognition

• Nixon Peabody has been named a Tier 1 firm in Rochester for Litigation - Banking & Finance by U.S. News – Best Lawyers® “Best Law Firms” in 2023.