We specialize in complex commercial, financial-institution, and government-related cases in the federal district courts and federal appellate courts, including the Supreme Court, and cases in state appellate courts.
Our complex commercial litigation practice includes cases involving breach of contract, breach of fiduciary duty, professional malpractice (directors & officers, accountants, appraisers, and other professionals), negligence, fraud, misrepresentation, interference with contract rights, and covenants not to compete. It also includes cases brought under federal and state securities statutes.
Our white-collar-crime practice includes cases involving “official acts” by public officials that allegedly constitute “honest services” fraud and Hobbs Act extortion within the meaning of McDonald v. United States, 136 S. Ct. 2355 (2016).
Our financial-institution practice includes:
- Enforcement actions initiated by the federal banking agencies—the Federal Deposit Insurance Corporation (FDIC), the Board of Governors of the Federal Reserve System (FRB or FED), and the Office of the Comptroller of the Currency (OCC)—against insured depository institutions (banks), bank holding companies, and their institution-affiliated parties (directors, officers, agents, lawyers, accountants, and appraisers);
- Financial-institution receivership issues under the Federal Deposit Insurance Act and the Dodd-Frank Act, including contract, tort, and equitable claims asserted against the receiver, and the defense of breach of fiduciary-duty claims brought by the receiver against directors & officers of a failed financial institution and professionals who provided services to a failed bank such as the failed bank’s lawyers, accountants, and appraisers;
- Challenging final decisions and regulations of the federal banking agencies;
- Suits and enforcement actions by the Consumer Financial Protection Bureau (CFPB) under various federal and state financial consumer-protection statutes and regulations; and
- Suits under the Equal Credit Opportunity Act (ECOA), Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Debt Collection Practices Act (FDCPA), and other similar statutes.
Our government-related practice includes suits against the United States and its federal agencies under the Federal Tort Claims Act (FTCA), the Administrative Procedure Act (APA), the Tucker Act (contract and Fifth Amendment takings cases), the Freedom of Information Act (FOIA), and independent agency sue-and-be-sued clauses.