From the volatility in the credit markets to the landmark passage of Dodd-Frank, the past several years have been tumultuous for the financial services and banking industries. In today’s landscape, when disputes arise, “winning on the client’s terms” is essential. This is especially true for companies in the financial services sector—or any company facing a financial dispute—when timing of a resolution is often just as important as the monetary amounts at stake.
Nixon Peabody’s Financial Services Litigation practice includes veteran trial lawyers who are experienced in helping businesses navigate the particular nuances involved in financial services litigation. Our lawyers have the business acumen to understand the financial elements of a business and recognize the implications that disputes will have on company performance. While we are proficient in the courtroom, we understand that an early, cost-effective resolution through mediation or other forms of ADR may be just as important as prevailing on a summary judgment motion or at trial. We bring a no-surprises approach and work closely with each client to craft a solution that works for their business and helps them manage to the bottom line.
Our clients include financial service institutions, regulators, public/private companies with respect to their financial accounting and economic issues, and clients facing litigation concerning financial issues affecting their business. Over the past five years, we have successfully defended more than $1 trillion in claims against our clients, while successfully prosecuting for our clients hundreds of millions of dollars in claims against others.
Our national team has a reputation for excellence in resolving high-exposure disputes arising from complex financial relationships. We handle direct, derivative, and class action cases. Our experienced attorneys are known for their thorough command of the regulatory environments in which these cases arise. Our group leverages the full resources of the firm, regularly collaborating with attorneys from our corporate, bankruptcy, and other practice groups.
We represent clients in:
- Financial fraud claims
- Financial and consumer class actions
- Shareholder derivative suits
- Breach of fiduciary duty claims
- M&A and purchase price disputes
- Corporate trust issues
- Private fund disputes with CDOs, RMBs, and other complex structured products
- Securities claims involving the ’33, ’34, and ‘40 Acts
- Whistleblower litigation under Dodd-Frank and Sarbanes Oxley
- Lender liability claims
- Unfair trade practices
- Unfair competition
- Fraudulent transfer claims
- Aggregate litigations
- Ponzi schemes
Second Circuit holds that the relevant period for determining a foreign debtor's COMI is the filing of the Chapter 15 petition
Bankruptcy Law Alert | May 15, 2013
Second Circuit holds that Madoff feeder fund's "center of main interests" is located in British Virgin Islands
Private Fund Disputes Alert | May 1, 2013
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Update on the Kilgore Ninth Circuit appeal: California's public injunction exception escapes for another day, but the en banc court reads the exception to arbitration narrowly and rejects plaintiffs' attempt at artful pleading
Class Action Alert
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April 16, 2013
Gabelli v. SEC
Securities Litigation Alert
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March 1, 2013
Don't "put the cart before the horse": Supreme Court rejects Amgen's argument that securities fraud plaintiffs must prove materiality of alleged misrepresentations at the class certification stage
Class Action Alert
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February 28, 2013
RMBS repurchase litigations — how to win or lose the war of the experts when proving breach and damages at trial
Corporate Trust and Banking and Financial Services Litigation Alert
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February 15, 2013
Federal banking regulators issue proposed guidance and seek comments on use of social media by banks, credit unions, and savings associations
Privacy Alert
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February 11, 2013
U.S. Supreme Court tells Oklahoma state court that state law does not trump the Federal Arbitration Act: Nitro-Lift Technologies, L.L.C. v. Howard
Class Action Alert
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November 29, 2012
U.S. Supreme Court will hear landmark class action waiver case: American Express Co. v. Italian Colors Restaurant
Class Action Alert
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November 19, 2012
Ninth Circuit applies Concepcion to invalidate California's "public injunction" exception to arbitration and further upholds KeyBank's "opt-out" clause
Class Action Alert
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March 12, 2012
New York Court of Appeals affirms limited duties for banks in counterfeit check scams—and provides a cautionary tale for lawyers
Banking and Financial Services Litigation Alert
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February 6, 2012
The Newest Deputies on Wall Street: Private Citizens—Private Actions No Longer Precluded under New York's Martin Act
Banking and Financial Services Litigation Alert
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December 28, 2011
Court decisions hint at approval of forum selection clauses in corporate bylaws
Corporate Responsibility Alert
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February 1, 2011
New York Court of Appeals affirms in pari delicto doctrine to prevent lawsuits against outside advisors
Banking and Financial Services Litigation Alert
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October 27, 2010
The role and construction of risk committees
Corporate Responsibility Alert
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August 11, 2010
DOL issues final regulation mandating retirement plan fee disclosure
ERISA Fiduciary Alert
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July 28, 2010
Dodd-Frank Act alters preemption rules for national banks and federal thrifts
Banking and Financial Services Litigation Alert
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July 28, 2010
Fiduciaries breached duty of prudence by investing in retail share classes
ERISA Fiduciary Alert
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July 20, 2010
Senate financial reform bill adopted
Global Finance Alert
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June 3, 2010
Senate financial reform bill increases risk of consumer rights litigation for banks, increases regulation
Global Finance Alert
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June 2, 2010
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