Financial Services.

Our firm has significant experience representing financial institutions and money services business in regulatory and operational matters, as well as litigation matters. We have collectively received recognition in Chambers USA for Banking and Finance in Florida and by The Best Lawyers in America© for Banking Law, and our financial services practice is led by the former General Counsel of the Florida Bankers' Association with over thirty years of industry experience.

Our team has experience counseling depository and non-depository financial institutions, as well as financial services providers, in regulatory and operational matters. These include cryptocurrency and blockchain related legal issues, licensure and charter issues, acquisitions, safety and soundness issues, state and federal regulatory compliance, funds transfers (including ACH), operational procedures and liability avoidance, and the USA Patriot Act, including Know Your Customer Rules and Anti-Money Laundering Statutes and Regulations (federal and state), information security and privacy issues, online banking and electronic signature and transaction issues, and have represented the Florida Bankers Association before the state legislature on pending legislation of significance to banks.

We further assist in a variety of litigation matters involving issues of fact and law peculiar to financial institutions in state and federal courts across the country, ranging from the litigation of various consumer protection statutes to nuanced issues of the Uniform Commercial Code.

Our firm's financial services practice, led by the former General Counsel of the Florida Bankers' Association with over thirty years of industry experience, has deep experience representing financial institutions and money services businesses in regulatory and operational matters, as well as litigation matters.

On the operational side, representative examples include facilitating the licensure of the first Bitcoin ATM in the state of Florida, as well as advice and counseling of a variety of clients in regulatory and operational matters, including cryptocurrency related legal issues, licensure and charter issues, acquisitions, safety and soundness issues, state and federal regulatory compliance, funds transfers (including ACH), operational procedures and liability avoidance, and the USA Patriot Act, including Know Your Customer Rules and Anti-Money Laundering Statutes and Regulations (federal and state).

On the litigation side, representative examples of our experience include a no-liability defense trial verdict for a major financial institution in a Florida-based litigation seeking approximately $20 million in damages (subsequently upheld on appeal), representation of a national bank in the defense of a putative class action based on an alleged violation of Florida's "at par" statute for having assessed a $5.00 per check convenience fee to cash a check, which was drawn on the bank, over-the-counter for a non-accountholder, representation of a consumer banking company in the defense of a class-action suit against 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.

Other litigation experience includes representation of a bank and financial services company in a matter involving attempt by plaintiffs to impose securities regulatory obligations on bank account relationship with its business account-holder who allegedly engaged in securities fraud, representation at trial and on appeal of 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 Uniform Commercial Code, and representation of a national bank in various Florida-based collections proceedings. Select appellate experience includes representation of a consumer financial services company in Florida in reinstatement of appeal from order denying arbitration, representation in an appeal from a district court order upholding bankruptcy court's dismissal with prejudice of claims of fraud on the court with approximately $26 million at issue.
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