Overview
Banking and financial institutions operate under the constant threat of litigation and regulatory scrutiny. Gunster litigators are frequently called upon to resolve some of the most complicated and complex financial industry disputes today. Our attorneys understand how the banking and financial services industry works and are able to address the opportunities and threats faced by this constantly changing and evolving industry.
Gunster attorneys have litigated complex disputes across the state and across the country. Our attorneys defend institutional clients before state and federal courts in Florida and elsewhere as well as before the variety of federal and state administrative agencies that govern financial services industry practices. Our firm’s geographic reach is far broader than state lines and involves the effective resolution of disputes presenting significant damage exposures and serious business risks in jurisdictions across the United States.
Gunster maintains a track record of successfully representing financial institutions in a variety of litigation matters. A sampling of the firm’s experience includes claims pertaining to:
- Lender liability
- Breach of contract
- Bankruptcy and creditors’ rights
- Mortgage repurchase
- Check fraud
- Collateral agreements
- Credit extension
- Federal and state forfeiture proceedings
- Loan servicing and origination
- Lien priority determinations
- Subordination agreement disputes
- Interest rate SWAP agreements
- Wire transfers
- Negotiable instruments
- Bank deposits and collections
- Secured transactions
- Trust disputes
- Condemnation actions
- Insurance matters
- Letters of credit
- Theft
- Ponzi schemes
- Whistleblower claims
- White collar claims
- Federal Trade Commission
- Regulatory actions
The firm’s litigators have also been involved in litigation under the:
- Uniform Commercial Code
- Truth-in-Lending Act
- Fair Credit Reporting Act
- Real Estate Settlement Procedures Act
- Fair Debt Collection Practices Act
- National Bank Act
- Racketeer Influenced and Corrupt Organizations Act
- Bank Secrecy Act
- Federal Trade Commission Act
- Florida Deceptive and Unfair Trade Practices Act
In addition, Gunster is called upon to defend financial institutions involved in various state and nationwide class action suits. Gunster litigators have represented some of the largest banking and financial institutions doing business in Florida. Class action suits and other multi-claimant proceedings have emerged as one of the greatest challenges to institutional security today, and Gunster litigators advise on all phases of a class action claim.
In today’s corporate culture, financial services companies must find new ways to maximize cash flow, improve efficiency and minimize risk. Gunster attorneys do far more than just litigate. In anticipation of potential litigation, our team assists clients with internal investigations and responses to pre-suit demands, as well as works with institutional leaders and management to develop internal policies and procedures geared toward avoiding disputes or scrutiny all together.
Gunster attorneys understand that not every case is bet-the-company litigation, but when it is, the firm provides the legal and industry specific experience required to successfully resolve the challenge at hand. Whether through artful negotiation, settlement or trial, Gunster’s banking and financial services litigation team stands ready to defend our client’s best interest at every turn.