• Lender liability.
• Collection, foreclosure and workouts.
• Regulation and compliance.
• Corporate governance and control.
• Deposit operations and fraud.
• Electronic and check payments.
• Privacy and data security.
• Uniform Commerical Code (UCC), negotiable instruments and banking statutes.
• Electronic discovery management.

Investment Company Representation 

We defended an individual and his investor-relations firm in a state court lawsuit in Indiana alleging violations of the Indiana Securities Act and common law fraud relating to the plaintiffs’ purchases of unregistered stock in companies represented by defendant.

High-Yield Bond Offering/Investment Bank Representation  

We served as co-counsel for an investment banking firm in a securities fraud action involving the issuance of $175 million of senior subordinated high-yield bonds, issued on behalf of a publicly traded integrated solid waste management company. Our client, along with another investment banking firm, acted as lead underwriters of the bond offering. The plaintiffs asserted state and federal securities law claims (Section 11 and 12(2) claims), as well as various common law claims, including fraud, aiding and abetting common-law fraud, negligent misrepresentation, breach of fiduciary duty/acting in concert and negligence. After picking a jury (from a pool of over 200 potential jurors), and just prior to opening statements, the case settled.

Feasibility Study/Bond Offering Litigation  

We served as co-counsel for a large public accounting firm in an action alleging material misstatements and omissions in connection with feasibility studies for municipal bond issues for a chain of nursing homes. FBT also served as co-counsel in a related action by the bankruptcy trustee of the debtor against the accounting firm, following settlement of securities class action. FBT obtained judgment on the pleadings in favor of its client in the related bankruptcy proceeding.

Broker-Dealer Matters

We have handled over 125 FINRA (formerly NASD) arbitrations and disputes, regulatory proceedings and other matters involving broker-dealers and their representatives.  Representations have been for firms, registered representatives, supervisors and public claimants.  Notable cases include: (i) an award against a clearing broker for over $3 million, in representation of the receiver of a title company victimized by a boiler room (with federal court confirmation); (ii) mid-6-figure award against a firm that unfairly touted tech stocks; and (iii) defense awards in arbitration claims by public customers.

Other Representative Matters

• Representation of financial institutions in 8-figure commercial foreclosure actions, often involving lender liability counterclaims.
• Representation of title insurers in coverage and bad faith claims, as well as agent fraud and recoupment matters.
• Representation of title policy insureds in matters involving title defects such as lien priority contests, boundary disputes and deficient legal descriptions.
• Representation of various parties in easement, commercial lease and restrictive covenant litigation matters.
• Successful defense of financial institution in consumer class action.
• Obtained directed verdict at trial for a federal credit union in case involving check forgery and allegations of unreasonableness on part of credit union.
• Defense of financial institutions against FCRA, FDCPA, RESPA, TILA and other federal statutory claims.