Financial and Banking Litigation

Our clients include major banks, financial institutions, and underwriters.  Our experience includes cases arising from securitizations and other asset-backed securities, interest rate swaps and other derivatives, lender liability claims, allegations of securities violations, and claims for breach of contract and breach of fiduciary duty.  This broad experience in financial disputes enables us to understand the unique concerns and objectives of these clients, and the legal and strategic issues that arise in making these complex matters understandable and accessible to juries and judges.

Representative Cases

Bank One v. Westar Financial Services.  Defended breach of contract and lender liability claims relating to multi-billion dollar auto lease securitization portfolios, and prosecuted counterclaims for securities fraud and breach of contract; obtained preliminary injunction, obtained dismissal of all claims against bank by summary judgment, and then obtained favorable settlement on counterclaims.

Investigations regarding Washington Mutual Bank.  Represented former Washington Mutual officers in regard to investigations by FDIC, United States Attorney, and United States Senate Permanent Subcommittee on Investigations regarding failure of Washington Mutual Bank, including testimony before United States Senate subcommittee.

Larson v. Lydian Wealth Management Holdings, et al.  Defended claims against financial advisors for breach of contract, misrepresentation and breach of fiduciary duty arising from investment in equity derivative product; obtained favorable settlement.

Covenant Mortgage v. Wright.  Defended claims against guarantors of real estate development loan; defeated bank’s motion for summary judgment and then obtained favorable settlement.

Titus v. Bank One.  Defended claims for misrepresentation, breach of fiduciary duty and violation of Consumer Protection Act arising from interest rate swap financing transaction; obtained dismissal of all claims and recovery of attorneys’ fees by summary judgment.

Columbia State Bank v. Wachovia Securities, et al.  Defended claims under Articles 3 and 4 of UCC; obtained favorable settlement dismissing claims without payment from client.

Fairfield Glen Park v. Torchlight Loan Services.  Defended claims for misrepresentation, fraudulent inducement and breach of fiduciary duty arising from pooling and workout agreements relating to real estate development loans and securitizations; obtained favorable settlement.

Kitsap Bank v. Algo Inc., et al.  Defended claims against bank arising from deficiency judgment on real estate loan involving foreclosure issues; obtained favorable settlement.

Charter Bank v. Base Capital LLC, et al.  Defended claims alleging LLC member and manager liability, breach of fiduciary duty, self dealing and securities violations; and raising issues regarding enforcement of guaranties, real estate foreclosures, banking law; obtained dismissal of claims.

Bachert v. Whitehall Properties LLC.  Defended consumer protection, equitable mortgage and misrepresentation claims arising from mortgage refinancing; obtained favorable settlement.