Bank Litigation

Resolving High-Stakes Disputes with Financial Institutions. We represent both financial institutions and their clients in complex litigation concerning loan defaults, regulatory enforcement, and fiduciary duties.

represents financial institutions in connection with operational banking disputes. We have significant experience in cases involving the Uniform Commercial Code including Article 3 governing negotiable instruments, Article 4 governing bank deposits and collections, and Article 4A governing Electronic Funds Transfers. We regularly handle claims asserted against financial institutions by demand deposit account holders and insolvency fiduciaries.

• Defense of Money Center Bank Against On-Line Banking Security Claims

  Successfully defended JP Morgan Chase bank in suit asserting that insecurity of its on-line banking system allowed internal fraud by customer’s bookkeeper to occur. Court granted summary judgment regarding defenses based upon UCC Articles 3 and 4 including limitations to assert claims that are apparent from bank statements.

• Defense of Regional Bank Against Customer Claims Regarding PPP Loans

  Successfully defended Ocean Bank against assertions by loan customer that Bank failed to properly administer PPP loan processes in connection with forgiveness request.

• Defense of Regional Bank Against Assignee Regarding Overdraft Fees

  Successfully defended Ocean Bank against assertions by assignee in an assignment for benefit of creditors that Ocean Bank had improperly assessed overdraft fees and charges to bank customer.

• Representation of Barclay Bank in letter of credit dispute

  Successfully obtained summary judgment that under UCC Article 5 and applicable law, a letter of credit issuer had no preferred rights to proceeds paid under the letter of credit