Financial Services Litigation
Overview
Eckert Seamans’ Financial Services Litigation Group has wide-ranging experience assisting national and regional financial services companies in a variety of matters affecting the financial industry. From handling individual claims to managing nationwide class actions, our team of experienced litigators regularly advise and defend banks, mortgage lenders and brokers, loan servicers, credit card companies, debt collectors, consumer finance companies and other financial institutions in a variety of disputes in state and federal courts and in arbitration, as well as before government agencies.
Eckert Seamans’ financial services litigators have experience in nearly every facet of financial institution litigation. Examples of significant, ongoing representations we routinely handle for clients include:
- Truth in Lending Act;
- Real Estate Settlement Procedure Act;
- Unfair Trade Practices Statutes;
- Fair Credit Reporting Act;
- Fair Debt Collection Practice Act;
- Retail Installment Sales Act;
- Consumer Sales Practices Act;
- Electronic Funds Transfer Act;
- Claims involving Articles 3, 4 and 9 of the UCC;
- Mortgage lending, loan servicing and credit reporting;
- Bankruptcy, creditors’ rights, consumer privacy;
- Claims arising out of foreclosures, including deficiency judgment collections;
- Fraud, breach of contract and tortious interference;
- Commercial and ground lease disputes;
- Forgeries, stolen checks, alterations, fraudulent indorsements, imposters, fictitious payees and wrongful dishonor of checks;
- Breaches of affirmative covenants, negative covenants and financial covenants including tangible net worth, debt service coverage ratios, debt to EBITDA ratios and debt to equity ratios in loan documents.
Our practice involves much more than litigation. We also assist clients in pre-suit activities, such as workouts, internal investigations, development of internal company procedures and advice about avoidance of litigation risk.
Our Financial Services clients also benefit from a variety of other Eckert Seamans resources. Our Corporate and Financial Transactions and Real Estate Finance practices also bring substantial knowledge of the complex regulatory and business environment in which our clients operate. Our trial lawyers collaborate very closely with the firm’s interdisciplinary team of corporate lawyers, who have domestic and international experience advising all types of financial institutions on financing, corporate, transactional, regulatory, tax and workout matters.
News & Insights
Legal Updates:
Foreclosure Abuse Prevention Act – Due Process Considerations Continued
Foreclosure Abuse Prevention Act – Due Process Considerations
Second Circuit’s Bright-Line Rule Spells Trouble for Unwary Lenders
Summary of Foreclosure Abuse Prevention Act Proposed in the New York Legislature
Long Island Courts At Odds With NYC Courts Regarding Reach of State COVID-19 Eviction Protections
New York Extends COVID-19 Eviction & Foreclosure Hardship Stay Until January 15, 2022
Second Department Rules that Governor Cuomo’s COVID-19 Executive Orders “Toll” Filing Deadlines
New York Extends Eviction & Foreclosure Hardship Stay Until August 31, 2021
High Court Answers Open Questions Concerning RPAPL 1304 and 1306
Consumer Protection Law Ruling Could Spell Big Trouble for Pennsylvania Businesses
News:
Eckert Seamans welcomes Geraldine A. Cheverko to White Plains office
Eckert Seamans welcomes Richard J. Nalbandian to Philadelphia office
Eckert Seamans welcomes Keith M. Ferguson, Jr., to White Plains office