Financial Services Litigation

  • Holland & Knight's Financial Services Litigation Team is supported by more than two dozen related practices, including bankruptcy, anti-money laundering, anti-corruption, consumer class action, financial investigations, cybersecurity and privacy, securities and white collar defense. Our broad experience allows us to assist our clients on nearly any matter.
  • Our services include all litigation matters encountered by companies in the financial services industry, including individual claims and class actions, consumer complaints, Ponzi schemes, government and regulatory enforcement actions, bankruptcy and lending disputes.
  • Our Financial Services Litigation Team includes more than 50 lawyers throughout the country who have extensive trial experience, including many who have served as federal or state prosecutors, or as counsel in key financial services regulatory agencies.
  • We have specific experience with the agencies, laws and regulations where compliance issues often result in litigation, including state consumer protection laws.

Our Financial Services Litigation practice is differentiated by the expansive experience of our attorneys. While we seek to resolve matters expeditiously, we have the capability to handle matters through to trial as necessary. Our attorneys bring decades of collective experience representing financial services companies.  Rarely do issues arise that we have not previously faced.

Who We Represent

Holland & Knight attorneys represent all types of banks and trust companies, as well as the finance subsidiaries of manufacturers, nonbank finance companies, insurance companies, pension funds, secured lenders and private equity funds. What all of these clients have in common is required compliance with complex laws and regulations governing their transactions, vulnerability to consumer class actions, the need to respond to inquiries and enforcement actions from government agencies, and litigation that arises from investigations and contract disputes.

What We Do

We seek to resolve disputes in the early stages of litigation, but if necessary, we take matters to trial. While litigation is as varied as the businesses of our clients, we seldom see a matter that does not have elements of previous matters we have handled. We have deep experience with all of the "alphabet soup" laws, regulations and agencies, including the:

  • Bank Secrecy Act (BSA)
  • Foreign Account Tax Compliance Act (FATCA)
  • Uniform Commercial Code (UCC)
  • U.S. Securities and Exchange Commission (SEC)
  • Financial Industry Regulatory Authority (FINRA)
  • Bureau of Consumer Financial Protection (BCFP)
  • Real Estate Settlement Procedures Act (RESPA)
  • Uniform Fraudulent Transfer Act (UFTA)
  • Dodd-Frank Act
  • Gramm-Leach-Bliley Act (GLBA) and privacy and data security requirements
  • Truth in Lending Act (TILA)
  • Equal Credit Opportunity Act (ECOA)
  • Office of Foreign Assets Control (OFAC)
  • Telephone Consumer Protection Act (TCPA)

Our significant experience helps clients:

  • address allegations of fraud, misconduct and corruption
  • handle compliance issues and audits
  • conduct due diligence and internal investigations
  • develop, implement and enforce compliance plans
  • establish and maintain risk management and mitigation protocols
  • challenge the propriety of agency actions under the Administrative Procedure Act and other federal laws
  • defend against regulatory and statutory enforcement actions
  • litigate against the government
  • defend against lender liability allegations

Experience

  • Represented clients in investigations by the BCFP
  • Defended companies in consumer class actions alleging deceptive or unfair business practices
  • Defended financial institutions against alleged TILA violations
  • Represented secured creditors and trustees in commercial bankruptcy
  • Represented multiple banks in allegations of fraudulent transfers and preferences
  • Represented banking clients in claims of breach of a deposit agreement
  • Represented multiple banks in litigation against a borrower for breach of loan and guaranty agreements
  • Defended a national insurance company in a lawsuit filed by policy owners alleging breach of contract
  • Represented post-confirmation trustees in prosecuting a preference and fraudulent transfer case
  • Represented a national consumer lender in a class action alleging violation of the Driver's Privacy Protection Act
  • Defended a national financial services company in a class action alleging violation of the Illinois Consumer Fraud Act
  • Defended a national insurance and investment company in a Ponzi scheme that arose from the conduct of a former agent, delivering a defense verdict in a case that had claims of more than $1 billion
  • Defended a public pension fund in a breach of contract action brought by an investment adviser over the calculation of rates of return and fee hurdle matters
  • Defended a public pension fund in class actions alleging fraudulent conveyances arising from leveraged buyouts
  • Defended a financial services company in a shareholder strike class action challenging a "dead hand proxy put" or "poison put"
  • Defended a financial services company in FINRA arbitration over an alleged failure to supervise
  • Represented a national insurance company in the prosecution of an action to break up a life, health and hospitalization insurance fraud scheme
  • Represented a regional bank in arbitration of claims with a transaction processing company following termination of a contract
  • Represented a financial services company in mediation of claims of breach of fiduciary duty in sales of annuities
  • Represented a bank shareholder in an SEC investigation
  • Represented a financial institution in a lawsuit alleging fraud in an employee welfare benefit plan
  • Represented a financial institution in a state court lawsuit related to an employee welfare benefit plan; the lawsuit involved claims for fraud, fraudulent inducement, negligence, negligent misrepresentation, breach of fiduciary duty, constructive trust, conspiracy, Texas Insurance Code violations and unjust enrichment
  • Represented a bank in state court litigation involving allegations of fraudulent transfer and conversion related to enforcement of a security interest
  • Represented a bank in a state court lawsuit related to a construction loan; lawsuit involved claims for breach of contract, fraud, tortious interference, negligence and conspiracy
  • Represented a bank, as plaintiff, in state court litigation against borrower and guarantors related to claims for breach of loan and guaranty agreements
  • Represented a bank in defense of a claim by the administrator of a decedent's estate, which argued that the bank improperly paid out more than $650,000 to the decedent's fiancée as surviving tenant on certain accounts
  • Represented a national financial institution serving as trustee of a funded revocable trust that also will receive the estate of the donor, who is still living but had been declared incompetent by the court after substantial litigation
  • Represented a national financial institution in connection with trusts with concentrated asset holdings
  • Represented a national financial institution in litigation by beneficiaries and a co-trustee concerning the institution's investment performance
  • Represented a large national bank in defense of suits for damages by wealthy, well-known beneficiaries
  • Represented a large national bank in surcharge litigation
  • Represented a New York trust bank in a dispute with its two individual co-trustees of two trusts collectively valued in excess of $100 million
  • Represented a major trust bank in will contests

Our Team

More than 50 trial lawyers work directly on our team, and 52 of our attorneys in litigation practices are rated by Chambers. Our Financial Services Litigation Team is supported by Holland & Knight trial lawyers who focus on other areas, such as real estate, consumer protection and investigations. Our group includes former U.S. Attorneys, a former deputy chief of staff to the U.S. Attorney General, the former SEC chief trial counsel, former senior members of U.S. Attorney Offices across the nation, a former senior legal counsel in the U.S. Department of Justice, and a former general counsel to the Florida Office of Financial Regulation and the Florida Department of Financial Services.