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FMG's lawyers also aggressively defend financial institutions and financial professionals in securities litigation, shareholder derivative lawsuits, and lender-liability actions brought in both commercial and consumer contexts, and in both individual and class actions.
Our attorneys have defended residential mortgage lenders, loan servicers, and other creditors in lawsuits filed by consumers involving claims such as wrongful foreclosure, wrongful repossession, predatory lending practices, fraud, conversion, intentional infliction of emotional distress, defamation, and alleged violations of federal and state laws such as the FDCPA, FCRA, RESPA, TILA, HAMP, ECOA, and UDAP.
Our lawyers also have represented some of the nation’s largest financial institutions and residential mortgage lenders in wrongful foreclosure litigation, and have recently helped redefine applicable law to protect lenders’ ability to non-judicially foreclose. Additionally, we have enforced the rights of commercial bankers and creditors in judicial and nonjudicial proceedings, including foreclosure of real and personal property, deficiency actions, foreclosure confirmation proceedings, bankruptcy cases, and all types of collection proceedings including litigating claims to judgment, garnishment, and discovering and attaching assets.
We also provide extensive guidance to boards of directors regarding their fiduciary duties, disclosure obligations, and special litigation committees. FMG represents fiduciaries across a full range of matters, including trust administration, asset investment and diversification, conflicts of interest, trustee removal, and breaches of various fiduciary duties. The depth of our experience includes representation of an ERISA Plan and its Trustee in the successful recovery of millions of dollars of pilfered funds, as well as the aggressive defense of officers and directors of financial institutions for alleged breaches of their fiduciary duties of care, loyalty, and/or the duties to protect trust assets through maintenance of appropriate insurance.
Our Partners also have extensive experience and expertise representing a variety of registered investment advisors, registered representatives, broker-dealers and other professionals in FINRA disputes and arbitrations, including customer complaints and non-compete/non-solicit lawsuits.
We also have defended matters concerning memorandums of understanding, supervisory agreements, cease and desist orders, trade secrets, civil money penalties, orders of suspension, prohibition and removal orders, restitution orders, injunctive relief and orders terminating FDIC deposit insurance coverage.
In addition, the attorneys at FMG have represented financial institutions in matters involving general liability, labor and employment issues, commercial litigation, contract disputes, and insurance disputes, including issues relating to coverage questions, D&O insurance, E&O insurance, and procurement of insurance by brokers and agents.