Financial Institutions Litigation

Services

The depth and breadth of Quarles & Brady’s litigation and alternative dispute resolution experience in this sector set us apart. Our attorneys have institutionalized their knowledge and, as a result, serve our clients efficiently and effectively in a wide range of matters and issues. These strengths include:

Commercial Loan Enforcement: Our Financial Institutions team represents lenders and judgment creditors in all types of enforcement and collection proceedings, including, without limitation, foreclosures, receiverships, guarantor actions, replevins, attachments, and garnishments. Our attorneys understand the highly regulated environment in which our financial institution clients operate and are well versed in the terms of the state and federal regulations on collection practices, including the privacy rights afforded to borrowers. Our practice is geared to maximizing the recovery for our financial institution clients while safeguarding their interests in this highly regulated environment.

Lender Liability Litigation: Our Financial Institutions team has extensive expertise representing lenders and defending those lenders against counterclaims brought by borrowers involved in disputes with their lenders. The claims that we have defended span the lifetime of the loan, including claims related to the origination of the loan, alleged promises made during the course of the loan, attempted loan modifications and workouts, and the ultimate foreclosure of loan collateral. Our attorneys have significant experience defending lenders against claims of fraud, breach of contract, breach of the covenant of good faith and fair dealing, breach of fiduciary duty, unconscionability, and alleged violations of consumer protection statutes, amongst others.

Bankruptcy: Our Bankruptcy team practices nationwide representing our financial institution clients in a wide range of workout and bankruptcy matters. We have broad experience in complex commercial workouts and pride ourselves on developing creative solutions for our financial institution clients in distressed matters. We routinely represent our clients using bankruptcy and insolvency laws affirmatively to implement asset sales or other forms of commercial restructuring while we are also adept at the representation of creditor interests in bankruptcy or other insolvency proceedings when pursued by borrowers to delay enforcement efforts. | View People |

Fiduciary and Wealth Management Litigation: Our Fiduciary Litigation team represents fiduciaries and other parties involved in trust contests, will disputes, attempted removal or surcharges of trustees, will and trust constructions, charitable and exempt organization litigation, powers of attorney and guardianship disputes, probate proceedings, and other fiduciary litigation. | View People |

Uniform Commercial Code: Our Financial Institutions team is well-versed in the Uniform Commercial Code, and has significant experience in representing our financial institution clients in claims that arise under Article 3 (negotiable instruments), Article 4 (bank deposits and collections, and Article 9 (secured transactions).

Class Actions: Our Class Action Litigation team has extensive experience defending banks and financial institutions against class actions brought by customers and borrowers alleging state and federal violations of consumer protection laws and violations of bankruptcy laws. Through its aggressive and targeted litigation strategy, our Class Action team has successfully dismissed class actions, moved to compel arbitration, defeated class certification motions, preemptively moved to strike class claims, and structured favorable settlement agreements for our financial institution clients. | View People |

Consumer Protection Statutes: Our Financial Institutions Litigation Team also has extensive experience defending lenders against “alphabet-soup” claims based on the Truth in Lending Act (TILA), the Home Ownership and Equity Protection Act (HOEPA), the Real Estate Settlement Procedures Act (RESPA), the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), the Fair Credit Billing Act (FCBA), the Telephone Consumer Protection Act (TCPA), the Equal Credit Opportunity Act (ECOA), and the Home Affordable Modification Program (HAMP). The team also advises clients on regulatory, examination, and enforcement matters brought by the Consumer Financial Protection Bureau (CFPB).

Insurance Coverage: Our Insurance Recovery team is a highly specialized group of lawyers who represent policyholders across the country in disputes against insurers, with the goal of maximizing coverage for policyholders, as well as advising on the types and scope of coverage available. Our expertise extends to areas frequently faced by financial institutions and their individual officers and directors, such as securing coverage and managing liability risks under directors & officers liability policies. | View People |

Real Estate and Construction Litigation: Our Real Estate and Construction Litigation team has experience assisting banks and financial institutions with the wide variety of matters that they face when it comes to managing their property locations and building new locations. The Subgroup’s experience with real estate litigation matters includes construction liens, easement disputes, priority disputes, zoning disputes, and eminent domain litigation. The Subgroup’s construction litigation experience includes AIA contract negotiation, green building certifications, and construction defect litigation. | View People |

Intellectual Property: Whether financial institutions seek to protect their intellectual property or defend against an infringement claim, our Intellectual Property attorneys have decades of experience tackling every sort of patent, copyright, trademark, false advertising and right of publicity, domain names, and intellectual property licensing dispute in state, federal and appellate courts in nearly every state in the country. | View People |

Trade Secrets and Unfair Competition: Our Trade Secrets and Unfair Competition Litigation team has experience assisting banks and financial institutions with the unique issues they face in protecting their trade secrets and enforcing covenants not to compete. The team’s experience in this regard includes reviewing covenants not to compete for compliance with the Financial Industry Regulatory Authority’s (“FINRA”) regulations as well as advising clients of the impact of the Protocol for Broker Recruiting on their hiring and separation practices. The team also has experience defending and prosecuting non-compete and trade secret matters before FINRA. | View People |

Labor & Employment: Our Labor & Employment team has deep experience defending banks and other financial institutions in employment litigation matters. Areas of our expertise include defense of individual and class or collective action claims by employees or former employees of discrimination and retaliation, wrongful termination, termination for alleged whistleblowing, wage-hour misclassifications of mortgage banker and analyst jobs, and discrimination-based compensation claims during audits (including "glass ceiling audits") and by the Office of Federal Contract Compliance Programs. We also handle arrest record, conviction record, and race discrimination claims brought by applicants rejected for hire because of the background check requirements of banks and other financial institutions. The team also handles public accommodation discrimination matters for banks involving defense of customer complaints of allegedly discriminatory lending or other banking practices. Enforcement of non-competition, non-solicitation, no-raid, and non-disclosure agreements also are areas of representation by the team for financial institutions. | View People |

ERISA: Our ERISA litigation team represents plan sponsors, plan administrators, plan trustees and plan fiduciaries. The team has experience advising clients on the ERISA benefit claims and claims process, changing retiree health benefits, restructuring health plans to minimize the impact of health care reform, redesigning retirement programs, and advising clients with issues regarding design and implementation of benefits programs. The team represents fiduciaries in retiree health benefit class actions, defends class claims involving pension benefits and represents employers and plan sponsors in a variety of adversarial matters. | View People |