Banking & Financial Services Litigation

The firm represents national, regional and local banks, bank and financial holding companies and their subsidiaries and affiliates, investment banks, private equity companies, mortgage servicers, credit unions, savings associations, and other financial institutions in commercial and consumer litigation matters around the country.

In the areas of asset recovery and creditor’s rights, Jones Walker attorneys defend and enforce the interests of financial institutions and other creditors in litigation and handle a wide variety of disputes arising from secured and distressed debt. These include foreclosures, title defects and insurance claims, environmental problems, successor-developer issues, eminent domain, and lender-liability claims. In the bankruptcy setting, Jones Walker routinely litigates such matters as avoidance actions, adequate protection and cash collateral issues, executory contract assumptions and rejections, confirmations of reorganization plans, and discharge and dischargeability complaints for the firm’s banking and financial services clients.

The firm’s consumer and commercial lender liability defense experience includes the defense of class and individual suits against banks, finance companies, and mortgage servicers in state, federal, and bankruptcy courts. The firm defends UCC and deposit account and collection disputes, predatory and unfair lending actions, statutory actions under state and federal deceptive trade practices acts and such federal statutes as TILA, HOEPA, RESPA, FCRA, FDCPA, FHA, HMDA, ECOA, EFTA, and RICO, foreclosure and account servicing disputes, fiduciary duty claims, and a wide variety of consumer fraud and negligence actions.

Other illustrative commercial litigation matters for the firm’s financial services clients include: business contract and tort disputes among banks, investors, and vendors; labor and employment disputes and counseling; bond and insurance claims; insurance coverage counseling and litigation; broker-dealer and securities litigation; failed-bank and related litigation; regulatory and fraud actions; white collar criminal defense; internal and government investigations; corporate governance, shareholder and derivative disputes; and director and officer/director liability claims. The firm’s deep regulatory and transactional experience in the banking industry is a valuable asset complementing our litigation attorneys and allowing a comprehensive and interdisciplinary approach in responding to our clients’ wide-ranging litigation needs and the preventative actions of corporate compliance programs.