Financial institutions such as banks and credit unions must navigate a web of legal issues in the form of litigation, compliance, and government investigations. Therefore, it’s no surprise that the financial and banking industry is one of the most highly regulated in the country. The challenges that confront these businesses on a daily basis demand serious and responsive legal counsel.
SederLaw represents financial institutions in litigation and related proceedings. Our firm is ready to provide sophisticated and experienced advocacy for your organization.
Types Of Institutions We Represent
Our attorneys are well-versed in the laws and regulations that govern financial institutions. We represent these and other clients:
- Commercial and retail banks
- Internet banks
- Investment banks
- Savings and loans associations
- Brokerage firms
- Credit unions
- Mortgage companies
Legal Services We Provide To Financial Institutions
SederLaw is proud to provide comprehensive representation to financial institutions. We understand that the legal environment is constantly changing, so remaining competitive in this industry requires diligence and focus on the complex needs of our clients. To that end, our law firm provides such services as:
Retail and commercial bank products litigation. Today’s banks offer consumers a wide range of products, from the simplest checking and savings accounts and certificates of deposit to credit cards, automobile financing, mortgages, and home equity lines of credit (HELOCs). Meanwhile, corporate banks provide services to businesses which include commercial real estate, treasury and cash management, equipment lending, and much more.
Banks’ products are constantly being introduced and subsequently modified in response to new laws and regulations. These and other changes can trigger litigation which itself may take different forms such as consumer lawsuits, class action lawsuits, and regulatory enforcement actions. Our firm stays abreast of retail and commercial bank products and is prepared to represent your organization in court.
Derivatives and structured products litigation. This includes litigation over credit default swaps, collateralized debt obligations, and other complicated products. Lawsuits could arise over the actions of a number of different individual and institutional parties including arrangers, managers, and banks, and may be brought by investors, trustees, product purchasers and sellers, and others.
Foreign exchange (forex) manipulation and antitrust litigation. We defend clients against accusations of collusion with respect to foreign exchange rates. These claims amount to charges that major banks deliberately manipulate rates and rig the forex market in their favor. Banks facing these allegations could be subjected to extensive antitrust action which may result in substantial civil penalties. Our attorneys defend financial institutions at all stages of litigation.
Fiduciary trust litigation. Financial institutions often serve as estate trustees, a role that imposes significant fiduciary responsibilities. As an example, trust beneficiaries may sue a bank for improperly selling assets and thereby depriving the beneficiaries of the value their investments may have realized. These lawsuits can invite not only serious court scrutiny but significant loss of reputation, so we muster our considerable experience to defend our clients.
Other banking litigation. We also defend both large and small institutions in litigation involving such varied matters as:
- ERISA violations
- Mergers & acquisitions
- Data security
Government investigations. State and federal investigations can deprive an institution of valuable time and resources while impeding its ability to conduct business. Meanwhile, potential enforcement actions and monetary penalties hang in the balance. If your organization has been notified of a pending government investigation, we can respond with a knowledgeable and proactive team committed to expediting the process in your favor.
SederLaw also assists financial institutions with the following related matters:
- Auditing and internal investigations
- Foreign Corrupt Practices Act (FCPA) investigations
- Information gathering
- Forensic accounting
- Development and implementation of compliance plans
Enforcement proceedings. Banks must regularly contend with varying levels of enforcement proceedings pursued by state and federal agencies. Those agencies may include the Federal Reserve, Office of the Comptroller of the Currency, Consumer Financial Protection Bureau, and the Massachusetts Division of Banks, among other entities.
Formal enforcement action can include a number of remedies such as:
- Cease and desist orders
- Written agreements
- Prompt corrective action directives
- Removal and prohibition orders
- Orders assessing civil money penalties
- Section 19 consent applications
We can represent your institution in hearings before the above-mentioned regulatory bodies, along with bank examinations conducted by agencies such as the OCC, FDIC, and Federal Reserve. We also handle settlement negotiations which can potentially mitigate losses.
Compliance and risk management. As part of our dedication to the interests of our clients, our firm also helps financial institutions manage and respond to risks while ensuring they comply with regulations. That includes helping banks understand the latest regulatory changes, interpreting relevant court and administrative law judge (ALJ) decisions, and working with our clients to avoid or reduce the likelihood of future litigation, enforcement proceedings, and penalties.
Contact Our Worcester Financial Institutions Litigation Attorney
Banking and financial institutions will likely face closer scrutiny, harsher enforcement actions, and a myriad of new regulations for the indefinite future. Your organization deserves a law firm that acts in your best interests by anticipating and effectively responding to the ever-changing legal environment. That law firm is SederLaw. Contact us today to learn more about how we can serve you.
SederLaw helps clients with financial litigation in Worcester from their primary office as well as clients throughout MetroWest from their Westborough office.