March 2, 2020

The new Financial Services Litigation attorneys span five office locations across the country, from Seattle to New York City

Am Law 100 firm Polsinelli has expanded its financial services litigation capabilities across the nation, adding four new shareholders and one counsel, located in five of the firm’s offices coast-to-coast. Polsinelli welcomes Brendan I. Herbert (Miami), Aaron Wagner (Seattle), Marc D. Cabrera (Dallas), and Gwendolyn (Wendy) J. Godfrey (Atlanta) as shareholders, and Robert H. King (New York City) as counsel, all as members of Polsinelli’s national Financial Services Litigation Practice

The group of seasoned professionals delivers decades of trial experience in state and federal courts, experienced in all areas of financial services, including a specific focus on consumer finance law. They join Polsinelli’s national Financial Services Litigation Practice, which is one of the largest creditors’ rights practices in the nation with lawyers who have practiced for more than 30 years in state and federal courts and bankruptcy courts in more than 40 states.

“We are pleased to have these dynamic and highly talented new attorneys at Polsinelli and as part of our practice, which has historically focused on the commercial finance industry. With their additions, we now have a deep bench in the consumer finance industry,” said Financial Services Litigation Practice Chair Brett Anders. “As our client base continues to expand and have more sophisticated and specialized needs, these new attorneys bring the experience and capabilities, and a commitment to outstanding client service, to serve our growing demand.”

Brendan I. Herbert
Herbert is a litigator who aggressively represents his clients in federal and state trial and appellate courts across the U.S. He specializes in consumer and commercial banking, lending, loan servicing and loan enforcement. Herbert regularly represents consumer lending and servicing clients in litigation arising from a variety of alleging violations, including the Real Estate Settlement Practice Act (RESPA), Truth-In-Lending Act (TILA), Home Ownership Equity and Protection Act (HOEPA) and deceptive and unfair trade practices act statues, to name a few.

Herbert’s practice also focuses on rehabilitation and renovation loan litigation and compliance, counseling clients on issues arising from the intricacies of these loan products, Florida foreclosure litigation, consumer regulatory and statutory compliance and Telephone Consumer Protection Act (TCPA) litigation, where he has defended some of the nation’s largest lenders and loan servicers in responding to both individual and class claims alleging violations of the Act.

Herbert was recognized as a Top Lawyer in the 2019 South Florida Legal Guide for Commercial Litigation, previously earned the distinction of “Rising Star” in Super Lawyers Magazine from 2014-2018 and is a former “Up and Comer” in Florida Trend’s Legal Elite (2011). Herbert earned a Bachelor of Arts from Dartmouth College before obtaining his J.D. from the University of Miami school of Law.
Aaron A. Wagner
As a seasoned litigator, Wagner specializes in complex business-related and financial services litigation defense of corporate lenders, mortgage companies, banks, and other financial institutions involving all types of disputes. In his two decades of legal practice, he has defended a multitude of large
international manufacturers, banks, loan servicers and other entities against consumer finance and other commercial and product liability matters. His extensive experience with jury trials and class actions has led numerous clients to retain him for complex litigation across multiple jurisdictions. Wagner’s clients consider him a go-to, top-shelf litigator who consistently delivers excellent results in their most challenging cases.

Wagner leverages his military background and experience into his law practice, having gained valuable experience as a litigator and attorney advisor for some of the U.S. Army’s most senior officials. As a graduate of the United States Military Academy West Point, he obtained a degree in Civil Engineering before obtaining a J.D., summa cum laude, from Texas Tech University School of Law. Wagner served honorably in the U.S. Army as a pilot and lawyer for 20 years, earning numerous awards and commendations. While serving in Afghanistan, he advised the Senior U.S. Commander of all NATO Training Operations in the theater on administrative law and international legal matters pertaining to U.S. and Allied operations. He earned a Bronze Star for his service in Afghanistan.

Wagner becomes the first member of Polsinelli’s Financial Services Litigation team to practice in the firm’s growing Seattle office.

Marc D. Cabrera
Cabrera is an experienced litigator and focuses his practice on the representation of banks, lenders, servicers, investors and other financial institutions in a high-volume docket of complex business-related and financial services litigation. He successfully manages and aggressively resolves disputes for clients throughout all stages of litigation and appeals in federal and state courts across the country.

Cabrera’s extensive litigation experience ranges from claims for wrongful foreclosure, breach of contract, constitutional violations, torts and violations of unfair and deceptive acts and practices statutes to assignment and securitization challenges, homeowner association foreclosures, national mortgage settlement and consent judgment violations and expiration of statute of limitations to foreclose allegations. He has experience in cases arising under various federal statutes and regulations including TILA, RESPA, SCRA, FDCPA and FCRA. Cabrera has also represented servicers and investors in mortgage repurchase litigation and defended mortgage companies in putative class action lawsuits involving alleged improper collections and servicing practices in multiple jurisdictions.

Cabrera was named “Rising Star” by Super Lawyers magazine from 2014-2019. He is a Fellows Alumnus of the Leadership Council on Legal Diversity, member of the Dallas Hispanic Bar Association and Barrister in the Patrick E. Higginbotham American Inn of Court. Cabrera received a B.B.A. from Southern Methodist University and J.D., cum laude, from Southern Methodist University Dedman School of Law.

Robert H. King
King focuses his practice on consumer finance law, leveraging his experience as a former emergency medical clinician to bring matters from crises to control. He has successfully litigated matters including the FDCPA, RESPA, and TILA, real estate and commercial contracts, cooperative and condominium disputes, eminent domain, contested mortgage and tax foreclosures at trial and on appeal.

King is a member of the Young Lawyers Section of the New York State bar Association-Real Property Section. He obtained a Bachelor of Arts from Stony Brook University before receiving a J.D. from Touro Jacob D. Fuchsberg Law Center on Long Island, New York.

Gwendolyn (Wendy) J. Godfrey
As an experienced bankruptcy attorney, Godfrey focuses her practice on financial services and creditors’ rights litigation, business bankruptcies and commercial transactions and workouts. She has experience handling all aspects of distressed business matters and commercial disputes.

Godfrey keeps her client’s final goals in mind as she counsels them in and out of court on loan restructurings, bridge and debtor-in-possession financings, forbearance agreements and related transactions.

Godfrey has been recognized for her legal capabilities as a Georgia Super Lawyers “Rising Star”. Beyond her legal work at Polsinelli, she serves on the Emory Bankruptcy Developments Journal Advisory Board and she has also served on the Board of Directors of the Turnaround Management Association,Carolinas Chapter. Godfrey graduated with a Bachelor of Arts degree from the University of North Carolina at Chapel Hill before obtaining a J.D. from Emory University School of Law.

“We’re proud to welcome this incredible group of financial services litigators to our national team and utilize their special skills and unique backgrounds to benefit our growing client needs,” said Polsinelli Real Estate & Financial Services Department Chair Kraig Kohring. “Brendan, Aaron, Marc, Robert and Wendy are highly experienced attorneys with demonstrated success. We look forward to the value they will continue to bring to our clients, as well as help our firm continue to expand this key area of practice.”

About Polsinelli
Polsinelli is an Am Law 100 firm with 900 attorneys in 21 offices nationwide. Recognized by legal research firm BTI Consulting as one of the top firms for excellent client service and client relationships, the firm’s attorneys provide value through practical legal counsel infused with business insight, and focus on health care, financial services, real estate, intellectual property, middle-market corporate, labor and employment and business litigation. Polsinelli PC, Polsinelli LLP in California.