Banking Litigation

Revolutionized by deregulation, technological advances and consolidation, the banking industry has undergone significant change during the past 20 years. Large banks have become complex organizations drawn to the rapidly developing global marketplace, while small banks have grown by focusing on customers in their local communities. Meanwhile, the growth of Internet banking, and the combination of banking with other financial services, including securities and insurance, pose new challenges to banks of all sizes.

As banks grow and compete aggressively for business, they encounter a host of potentially troublesome issues, ranging from the need to protect themselves and their customers from increasingly sophisticated fraud to compliance with statutes and regulations spawned in the aftermath of September 11, such as the Patriot Act. The manner in which these issues are approached, managed and resolved is critical to each bank’s success. Our banking lawyers represent banks in pre-litigation and litigation matters, and provide counsel and advice to help them avoid disputes. Knowledge, experience, tenacity and responsiveness are the hallmarks of this practice group.

Our lawyers have extensive experience litigating a variety of banking matters, including actions arising from or relating to negotiable instruments and check collection governed by Articles 3 and 4 of the Uniform Commercial Code (UCC); electronic fund transfers under Article 4A and other related statutes and rules, including the Electronic Fund Transfer Act and National Automated Clearing House Association Rules; commercial and standby letters of credit under Article 5, UCP 500, ISP98 and their interrelationship with ISBP; documents of title under Article 7; and priority disputes under Article 9.

The banking litigation group is well recognized for its expertise in discovering and recovering assets diverted through various forms of fraud, including check kites, loan rolling and other complex financial frauds. Our attorneys represent banks and financial institutions in connection with lender liability claims, inter-bank disputes, securities transfer and reorganization claims, creditors' rights issues, bankruptcy matters, securities arbitrations, general commercial disputes involving banks and foreclosures of commercial and residential property.

While our lawyers always seek to resolve matters amicably, without litigation, there are times when litigation is unavoidable. We are aggressive in asserting the rights of our clients, and have substantial trial experience in state and federal courts in New Jersey, New York and other jurisdictions.