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Financial Services Litigation Team
Financial service institutions consistently find themselves the targets of lawsuits, regulatory enforcement initiatives, and government investigations. The enactment and implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the creation of the Consumer Financial Protection Bureau, and the resulting increase in regulatory scrutiny and negative public opinion have combined to create an era of unprecedented risk for financial service institutions. To guide our clients safely through this challenging environment, Womble Carlyle’s Financial Services Litigation team brings together attorneys from multiple offices and substantive legal disciplines. This approach ensures that we attack our clients’ challenges with both the requisite subject matter knowledge and the regional familiarity necessary to avoid local litigation and investigatory traps.
Womble Carlyle’s Financial Services Litigation Team boasts a breadth of skills and experience that few can equal. Our attorneys regularly represent banks, mortgage lenders, insurance companies, and non-traditional lenders in all types of state and federal consumer finance litigation and investigations.
Our experience includes (click to expand):
Our Financial Services Litigation Team represents lenders in state and federal claims relating to:
The fallout from the 2008 financial crisis gave rise to claims asserting a wide range of theories – both old and new – in mortgage disputes based on regulatory, statutory, contractual and “business tort” principles. Womble Carlyle’s Financial Service Litigation Team has developed a comprehensive understanding of these emerging theories and achieved favorable results for mortgage lenders in response to such claims. In particular, our team has successfully handled cases arising out of nearly all phases of the mortgage lending process, including:
Womble Carlyle’s Financial Services Litigation Team has developed and coordinated litigation strategy with respect to a significant multi-jurisdictional loan portfolio experiencing serial defaults and giving rise to expansive litigation. In this capacity, our team has assisted in balancing regulatory imperatives at the portfolio level with case-specific litigation demands, both as lead counsel in litigation initiated within Womble Carlyle’s footprint and as coordinating counsel for firms in other jurisdictions. Through this process, our team has demonstrated the ability to function not only as an advocate for a lender’s interests in a particular matter, but also as a strategic business partner with respect to a large number of related matters and a challenging portfolio of failing loans.
Womble Carlyle’s Financial Services Litigation Team has significant multi-state experience in representing financial institutions in fiduciary litigation matters at the federal and state level. We represent financial institutions in trust and estate litigation matters involving beneficiary breach of fiduciary duty allegations, investment issues, wealth management issues, IRA matters, and will contests, as well as technical trust modifications to achieve tax and other strategic objectives. Our Financial Services Litigation group has great depth in substantive Probate Code, Trust Code, and tax issues, and works closely with Womble Carlyle’s Trusts & Estates practice group.
Womble Carlyle guides clients through regulatory challenges involving a wide array of state and federal statutes and regulations, including TILA, RESPA, FDCPA, FCRA/FACTA, TCPA, ECOA, HMDA and fair lending, GLBA, HERA, EESA, government lending programs (including VA, FHA and USDA) and state consumer credit laws. We also counsel clients on matters of federal preemption and challenges presented by the often inconsistent and inefficient interplay of federal and state laws.
Our Financial Services Litigation Team is thoroughly familiar with the standard form ISDA Master Agreements and has successfully resolved litigation matters against banks involving interest rate swaps. These matters include common law claims, Bank Holding Company Act anti-tying claims and claims for rescission and reformation based upon unforeseen events such as intervention in the world economy by governments to lower LIBOR and the LIBOR manipulation scandal.
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
The event takes place Thursday, Dec. 3rd at the Commerce Club in Atlanta.