Financial Institution and Related Representation
Examples of financial institution litigation experience include actions for breach of contract, fraud, bad faith, negligent disbursement, commercial collection, foreclosures, creditors' rights in bankruptcy, loan participation disputes, wrongful termination, construction loan disputes, joint venture disputes, securities law actions, specific performance, implied equitable subordination, breach of fiduciary duty, lender's liability, mechanic's liens, loan workouts, claims against banker's blanket bond carriers, surety bonds, performance and payment and claims against officer and director liability policies and RICO actions. The Firm has negotiated with and litigated claims against title insurance companies, comprehensive general liability carriers and professional liability carriers involving issues of defense, coverage and bad faith. The Firm has negotiated and litigated loan workout agreements involving residential tracts, commercial and industrial projects, and cross-collateralized loans involving property in different states (coordinating with local counsel outside California).
The Firm maintains an active creditor's rights practice in bankruptcy. The work includes motions for relief from stay, complaints objecting to dischargeability, actions to appoint trustee, and related adversary matters on behalf of creditors.
We have experience in "due diligence" matters related to potential claims against officers, directors and professionals. For example, we have represented a government entity in a "due diligence" investigation relating to loan documentation by a savings and loan association. We have also provided representation in real estate litigation matters involving other savings and loan associations. The Firm successfully defended a failed Bank's officers and directors against a shareholders= derivative suit, and then prevailed in an action against the Bank's insurer to recover all fees and expenses, despite a regulatory endorsement in the policy. The Firm has represented the FDIC in various actions including breach of contract, wrongful termination, real estate and commercial litigation matters. We have represented the RTC in litigation matters including joint venture disputes, actions for judicial foreclosure and appointment of a receiver. Transactional matters for the RTC-FDIC include workout and loan restructure arrangements and purchase and sale agreements.
Representative financial institution clients have included American Savings Bank, Atlantic Financial Savings, Bank of Newport, California First Bank, El Dorado Bank, National Bank of Southern California, the Resolution Trust Corporation (RTC) and the Federal Deposit Insurance Corporation (FDIC).