We have significant experience representing financial institutions and money services businesses in regulatory, operational, and litigation matters. Members of our team have been recognized by Chambers USA for Banking and Finance in Florida and by Best Lawyers in America© for Banking Law. Our financial services practice is led by a 30-year industry veteran and former General Counsel of the Florida Bankers Association.
Our representative experience includes counseling depository and non-depository financial institutions and financial services providers in regulatory, legal, and operational matters relating to cryptocurrency and blockchain; licensure and charters; acquisitions; safety and soundness; state and federal regulatory compliance; funds transfers; operational procedures and liability avoidance; USA PATRIOT Act, including Know Your Customer Rules; federal and state Anti-Money Laundering statutes and regulations; information security and privacy; and online banking and electronic signature and transactions.
We assist in litigation matters involving issues of fact and law peculiar to financial institutions in state and federal courts across the United States, ranging from the litigation of consumer protection statutes to nuanced issues of the Uniform Commercial Code (UCC).
One of our team represented the Florida Bankers Association before the state legislature on pending legislation of significance to banks and facilitated the licensure of the first Bitcoin ATM in Florida. Our collective experience further includes obtaining a no-liability defense trial verdict for a major financial institution in a Florida-based lender liability litigation seeking approximately $20 million in damages; the verdict was upheld on appeal. It also includes representation of a national bank in the defense of a putative class action based on an alleged violation of Florida's "at par" statute.
Other examples include representation of a consumer banking company in the defense of a class-action suit against a deferred presentment provider involving challenges to personal jurisdiction; efforts to enforce arbitration agreement; opposition to class certification; and application of statutory safe harbor for agency-approved activities.
A member of our team represented a bank and financial services company in a matter involving plaintiffs’ attempt to impose securities regulatory obligations on a bank account relationship with its business account holder who allegedly engaged in securities fraud. She provided representation at trial and on appeal for a national bank in litigation concerning liability for late return of a multi-million-dollar check through domestic and international clearance channels and application of Article 4 of the UCC. We have also represented several national banks in various Florida-based collections proceedings.
Select appellate experience includes representation of a Florida consumer financial services company in reinstatement of appeal from an order denying arbitration. Our experience also includes handling an appeal from a district court order upholding a bankruptcy court's dismissal with prejudice of claims of fraud on the court with approximately $26 million at issue.
Our financial services practice attorneys have worked on significant regulatory, operational, and litigation matters for financial institutions and money services clients. We look forward to deploying some of Florida’s best on your behalf.