Our Financial Services practice is distinguished by its strength and diversity of our lawyers. We regularly counsel domestic and foreign financial institutions, broker-dealers, money services businesses and other financial service providers. Through our extensive network of correspondent law firms, we also represent domestic and foreign banks in their international operations and activities. Our Financial Services Litigation & ADR practice area includes:
Retail Banking Litigation
Our firm’s experience in the retail litigation area includes the representation of secured creditors in mortgage foreclosures. The issues that typically arise in these cases include the following:
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Experience in defending against allegations of violations of Truth in Lending Act, including required disclosures, calculation of interest and notices
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Experience in defending against allegations of violations of Florida Unfair & Deceptive Trade Practices Act
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Experience in defending against allegations of violations of the Real Estate Settlement Procedures Act (“RESPA”), Title 12, U.S.C., Chapter 26, including disclosure-related and notice issues
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Experience in defending against allegations of violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681, including allegations of reporting of inaccurate information and failure to adequately investigate disputed information
Defaulted Loans and Work Outs
Our firm advises banks, asset-based lenders and other financial service providers about their rights in connection with defaults by corporate borrowers and guarantors. Our lawyers view workouts as the process of maximizing lender recovery while directing a borrower to refinance or repay the loan as soon as practicable. In each case, the best approach will depend on a host of factors, including the integrity and competency of management, refinancing alternatives, the determination of the value of collateral, the dependence upon insiders to obtain recoveries and other loan structure or documentation problems.
Our lawyers work closely with our clients in reviewing and drafting loan documentation, establishing strategic objectives and implementing a workout plan. We have experience advising lenders about appropriate responses to borrower fraud, accusations of lender liability, environmental risks, and regulatory restrictions in the borrower's industry, competing creditor claims, and other pitfalls they may face during the workout process
Commercial Litigation and Dispute Resolution
The firm's broad experience in financial services has enabled it to handle a broad range of defensive litigation arising out of a bank’s operations and relationships with customers. Our experience in this area includes claims for account fraud, check fraud, wire transfer fraud, credit card fraud, credit defamation, financial privacy, account interpleader actions, lender liability defense, and disputes involving commercial paper matters, including negotiable instruments and holder in due course status. Furthermore, given the high level of international trade activity in Miami, commercial and standby letters of credit represent an important component of banking services. The firm has extensive experience in letter of credit disputes, particularly in the international context against account parties and beneficiaries as well as claims against intermediary banks.
