Bank Litigation

The Firm has represented a broad range of commercial and community banks in a variety of intra-bank disputes and disputes with customers and borrowers, including, for example, as follows:

  • We represented a Swiss bank in a dispute with a client over a transactional credit facility involving the sale and shipment of certain grains from Asia to South America.
  • We represented a major European bank in a claim arising out of the failure to process a large check deposited by a bank customer.
  • We represented a Midwestern bank in claims arising out of an alleged housing fraud.
  • We represented a group of lenders to a start-up manufacturing company in a breach of contract, breach of fiduciary duty, fraud, fraudulent inducement and fraudulent conveyance action in New York Supreme Court.
  • We represented a Florida commercial bank in a dispute with an Argentine correspondent bank over a series of letter of credit transactions and against the Central Bank of Argentina in related Argentine receivership proceedings.
  • We conceived of and filed claims on behalf of a lender to a film production company against film company auditors, based on their certification of materially false financial statements as GAAP-compliant, and also against film company directors and officers on the theory that when they submitted materially false financial statements to obtain a multimillion-dollar loan, the film company was in the “zone of insolvency” and therefore owed fiduciary duties to the lender.
  • We represented a consortium of commercial banks in a series of actions against a borrower, the borrower’s officers and directors, and the borrower’s auditors in the film industry.
  • We represented numerous foreign banks in connection with subpoenas and restraining notices seeking information regarding or access to customer accounts or assets that were or may have been held in overseas accounts.
  • We represented a New York branch office of a foreign bank in connection with OFAC account seizures and actions by third-party petitioners to access those accounts.
  • We represented a New York branch office of a foreign Canadian bank in connection with a check clearing dispute with a national banking association.
  • We represented a Swiss commercial bank in its efforts to ward off a maritime attachment of the bank’s proprietary funds.