Financial Services Litigation: Moore & Van Allen

Overview

Since its founding, the firm has represented national, regional and local banks, broker-dealers, mortgage lenders, leasing companies, trustees, and other financial institutions, as well as the individual representatives thereof. Currently comprised of more than 30 attorneys including former accountants, brokers and prosecutors, our litigators possess a sophisticated understanding of the financial services industry and our clients’ objectives. We provide effective and efficient representation that balances business interests with zealous advocacy.

From individual claims to class actions, our group has represented banking and creditor clients and developed an understanding of the risks and opportunities they face. We regularly appear in state and federal trial and appellate courts, as well as in NYSE, NASD, AAA, JAMS and ICC arbitration proceedings. We also advise our clients and provide preventive counseling and training on best practices and litigation avoidance. As a national firm serving national and international clients, we are adept at coordinating with local counsel to handle matters outside of North and South Carolina.

Our firm’s industry expertise, however, is not limited to litigation. By bringing together experienced lawyers in different disciplines, we provide our clients cost-effective representation. Our financial services litigators regularly collaborate with other groups within the firm, including the Bankruptcy & Financial Restructuring, Corporate and Finance groups to meet the full scope of each client’s needs. Our lawyers draw on the firm’s collective knowledge of the financial services marketplace and the products that keep it running.

A Broad Range of Financial Services Litigation Experience

We have successfully handled matters involving:

Commercial lender liability
Valuation disputes
Bankruptcy and creditor rights litigation
Fiduciary obligations
Securities
Broker-dealer/investment management
Intercreditor disputes
Articles 3 and 4 of the UCC
Real property and construction finance

Representative Work

Obtained a $160 million damages award in favor of a bank client and a finding of no liability on $354 million in counterclaims following a week-long arbitration hearing in a dispute over commercial loans and the valuation of real estate collateral.
Defended a community bank against a contract and tort complaint filed by borrower and guarantor to avoid foreclosure on commercial properties and obtained final dismissal of all claims.
Represented a national banking institution in defending claims arising from an international acquisition of corporate entities.
Obtained positive resolution for a national banking institution in defending lender liability claims based on breach of fiduciary duties related to investment accounts.
Successfully represented a financial institution in the collection of more than $15 million in defaulted loans in two bankruptcies of related entities.
Represented the holders of $120 million in subordinated notes in connection with an equitable subordination adversary proceeding.
Obtained judgment and settlement for bank and bank president in a multimillion dollar lender liability action.
Prevailed at trial and on appeal in a $200 million bankruptcy preference action.
Successfully defended a national bank in a jury trial on counterclaims for fraud and unfair and deceptive trade practices.