Banking & Commercial Finance Litigation

Overview

Blank Rome’s Banking & Commercial Finance litigators represent the nation’s leading banks, financial institutions, private equity firms, and family offices in cases from coast to coast. When financial services disputes arise, Blank Rome is the go-to firm for lenders.

Our litigators have unsurpassed courtroom experience and stand ready to take disputes to trial and prevail—where warranted and necessary. They are deeply embedded in the financial services industry and understand the unique nature of financing documents. Financial services firms rely on that depth and breadth of knowledge to anticipate and ward off disputes at an early stage; secure and exploit tactical advantages in litigation; and obtain favorable, timely results.

Drawing on an extensive bench of former prosecutors and judges, our attorneys also handle internal investigations, government investigations and subpoenas, and data privacy and banking-related intellectual property issues. In addition, the team works closely with Blank Rome’s nationally recognized Finance & Restructuring attorneys as well as the Consumer Finance Litigation team.

With a substantial presence in financial centers like New York; Chicago; Washington, D.C.; and Los Angeles—and attorneys in other key markets like Philadelphia, and Florida, Delaware, and Texas—Blank Rome is well positioned to handle your financial services disputes wherever they arise.

How Can We Help

We represent banks, financial institutions, private equity firms, and family offices as both plaintiffs and defendants in a wide variety of matters, including:

Enforcement of loan agreements and guaranties
Intercreditor disputes
Commercial real estate foreclosures
Investigation and prosecution of fraud schemes
Defense of lender liability claims
Bankruptcy litigation with debtors
Government investigations and subpoenas
Internal investigations
Anti-money laundering Investigations
Data and privacy breaches
General contract and business tort litigation
Securities litigation
Unfair or deceptive acts or practices
Uniform Commercial Code (“UCC”) matters
Consumer fraud class actions

Our litigators also have substantial experience representing financial services clients in the areas of trade secret protection and restrictive covenants, data security, and intellectual property.

Key Contacts

Related Services

Related Industries

Experience

Obtained full defense award for major national bank following contested arbitration hearing in which claimant sought $53 million in damages for breach of contract and wrongful commercial foreclosure.
Represented a multinational banking and financial services corporation in breach of commercial loan and related fraud actions and obtained $15 million plus judgment against commercial borrower and guarantor, and defeated lender liability counterclaims.
Obtained six-million-dollar fraud judgment and non-dischargeability finding in favor of a national bank against principal of factoring company who submitted false and misleading payoff statement to the bank.
Obtained judgment and enforcement of springing guaranty claim based on guarantor fraud in federal court on behalf of a Maryland based bank.
Successfully represented a national banking institution against a claim by a commercial borrower in a fraud and breach-of-contract action brought in the Napa County Superior Court. The alleged fraud involved the sale of an interest rate swap agreement in connection with a commercial loan for a commercial property. After a demurrer and initial discovery limited plaintiff’s claims, the parties negotiated a settlement that was favorable to the client.
Successfully represented a multinational universal bank in defending fraud action arising from $32 million commercial mortgage loan related to the bank’s alleged failure to disclose problems with the mortgaged building, securing a favorable settlement.
Successfully defended a multinational financial services company in an action involving breach of contract and negligence claims related to the alleged unauthorized sales of securities and withdrawals from a trust account. We prevailed on a motion to compel arbitration and the case resolved on favorable terms at mediation.
Successfully represented an entrepreneurial business bank in an unfair competition, Lanham Act, and false advertising case, in which a privately held commercial bank had inadvertently published misleading advertisements about the financial stability of a relationship-based community bank, securing in a favorable settlement after successfully obtaining an order striking the only declaration supporting the plaintiff’s damages claims.
Successfully obtained summary judgment in favor of a major financial services company in action involving default on a note and personal guaranty in the amount of $14 million.
Successfully defended three hedge funds in an action in the Supreme Court of the State of New York challenging the funds’ taking of assets as collateral in connection with DIP financing and later taking proceeds from sale of same assets in the bankruptcy proceeding.

Lender Liability

Obtained dismissal with prejudice of $100 million lender liability claim filed against lender in the U.S. District Court for the District of Maryland.
Negotiated favorable settlement resolving lender liability claims and potential class action stemming from bank’s decision to exit particular lending business.
Obtained the dismissal with prejudice at motion to dismiss stage of multiple lender liability actions against a relationship-based community bank brought on behalf of skilled nursing facility residents who claimed bank conspired with facility operator.
Successfully defended a major multinational financial services firm in claim alleging wrongful restrictions on customer accounts.
Successfully represented a Los Angeles-area community bank in lender liability suit related to the plaintiff’s failed purchase and sale of a distressed promissory note in which the plaintiff alleged that the bank breached the purchase and sale agreement by delaying the approval of participating banks. After successfully defeating several claims at the summary judgment stage, as well as a request for a jury trial, the case went to trial before a judge on only one claim for breach of the implied covenant of good faith and fair dealing. At the conclusion of trial, the Court found in favor of the bank, rejecting the plaintiff’s only remaining cause of action.
Successfully obtained a dismissal of all claims brought against a major financial services company by a developer who alleged that the financial services firm breached its obligations pursuant to a loan agreement by failing to provide funding for a condominium project. The court dismissed all claims against the firm and awarded the firm attorneys’ fees due to Plaintiff’s spoliation of key evidence.
Successfully represented a major multinational financial services company against lender liability claims arising out of foreclosure of commercial property related to real estate loan and interest rate swap agreement.
Successfully obtained summary judgment in favor of a bank client, defeating lender liability claims of borrower in foreclosure action involving $136 million loan for construction of a Manhattan hotel. Also convinced the court to appoint a receiver to oversee construction of the hotel.

Regulatory, Enforcement, and Investigation

Represented a major multinational financial services company to protect the bank’s interest in an outstanding $270 million loan facility by intervening in an enforcement proceeding brought by a New York State agency. Subsequently obtained full satisfaction of loan facility, including default interest and attorney’s fees.
Represented a bank in connection with Financial Institutions Reform, Recovery, and Enforcement Act inquiry including detailed review of client’s compliance policies and procedures and regular interaction with government attorneys.
Successfully represented a former Chief Compliance Officer of a money services business in the first-ever involuntary civil enforcement litigation seeking to hold an individual liable for an entity’s failure to have an adequate anti-money laundering policy as required by the Bank Secrecy Act.
Successfully represented a monoline insurer in a case involving the improper sale of credit-impaired reference obligations underlying a credit default swap, obtaining partial summary judgment and subsequently, a favorable settlement.
Conducted an internal investigation for and represented financing company victim in federal grand jury investigation involving $500 million scheme to defraud.
Successfully represented a major multinational financial services firm in suit by business owners alleging that their rights were violated when they were excluded from government economic relief package.