Financial services companies today must confront unprecedented scrutiny, facing a seemingly endless array of new laws, regulations, enforcement actions, and consumer demands. Polsinelli is a leader in financial and securities litigation and clients count on our depth, knowledge, and experience in resolving complex business and financial disputes, including “bet the company” cases. Our multi-disciplinary team of attorneys has experience with both class and individual actions, and members have litigated cases across the country in state, federal, bankruptcy courts, and administrative bodies, as well as before state and federal banking regulators. Our experience permits us to quickly identify the salient legal and factual issues and develop a successful defensive strategy.

Private Litigation

We regularly handle complex disputes covering all areas of business and operations, including lender liability, alleged violations of corporate trust, loan recovery, consumer finance and regulatory litigation We routinely defend banks, mortgage companies, investment banks, securities brokers, insurance companies, financial information providers, credit bureaus, and numerous others businesses in consumer finance class  and individual actions alleging consumer fraud, RICO and violations of lending laws. Our lawyers are also experienced defending matters involving the insurance and securities industries, bank failures, reorganizations, and FDIC litigation. 

Specific experience includes:
  • Lender liability, including allegations of negligent and/or fraudulent lender practices
  • Consumer protection litigation, including FDCPA, FCRA, TCPA, TILA, and state consumer statutes
  • Breach of contract and enforcement of loan documents
  • Preference litigation
  • Fraudulent transfers
  • Secured and unsecured creditors’ rights
  • Real estate loans and title litigation
  • Lawsuit and counterclaims brought against financial institutions and servicers
Regulatory Litigation 

Polsinelli’s financial regulatory lawyers resolve disputes and help financial industry clients to identify opportunities and risks unique to their business. Our clients include banks, investment banks, financial advisors, investment advisors, corporations, directors and officers, and securities industry professionals

Our attorneys use their knowledge and experience to provide efficient, effective representation for clients in all types of financial regulatory disputes and litigation, including:
  • Disputes over covenants not to compete
  • Consumer protection litigation
  • Federal and state securities fraud cases
  • Derivative shareholder litigation
  • Challenges to mergers and acquisitions and going private transactions
  • Regulatory investigations and civil regulatory matters involving the OCC, FDIC, Federal Reserve, SEC, CFPB, FTC, FINRA, state attorneys general, and regulators of financial institutions
  • Dispute of findings in regulatory examinations
  • Appeal of matters to the Ombudsman
  • Represented regional national bank in various individual and class action suits seeking in excess of $100 million damages for imposition of checking account fees, which resulted in judgment in favor of the bank.
  • Represented company and various employees in crypto currency industry in action by FTC concerning alleged misrepresentations involving sale and delivery of bitcoin mining products and services.
  • Recovered more than $7 million for the benefit of unsecured creditors of a national food products company by litigating 220 preference claims arising from its Chapter 11 bankruptcy, including several bench trials and appeals.
  • Represented bank holding company, officers, and directors in action by SEC concerning alleged financial statement misrepresentations.
  • Represent orthodontic supply company defending claims under TCPA and related state law claims.
  • Represent business owner defending individual and class actions seeking damages under Missouri consumer protection act.
  • Represent utility services company in defending class action claims brought under Missouri consumer protection acts.
  • Obtained dismissal in several class action suits brought against mortgage lenders seeking damages based on claimed excessive real estate closing costs, usurious interest charges and fees in violation of state and federal laws.
  • Represented state and national banks in obtaining dismissal of class action claims seeking damages in excess of $130 million for violation of federal and state law arising out of banks’ charging insurance premiums in connection with automobile loans.
  • Successfully defended and obtained judgments in state and federal courts in favor of lenders sued by commercial customers seeking damages based upon activities of the lenders in collecting loans which were characterized as violating the lenders’ obligation of good faith and fair dealing, various loan agreement provisions, and state and federal statutes.
  • Represented financial service company in putative class action alleging breach of fiduciary duty and violation of consumer protection act, resulting in retroactive enforcement of arbitration clause in consumer agreement.
  • Won early dismissal of federal action under FDCPA where plaintiffs alleged that client harassed them with unlawful debt collection efforts.
  • Represented a corporation in numerous commercial contract matters involving disputes over breach of contract and breach of warranty claims exceeding $5 million.
  • Represented large Midwest bank in defending commercial lender liability claims and presenting claims against borrower for nonpayment. Case settled on favorable terms. 
  • Represented limited liability companies, owners, and officers in class actions seeking actual and statutory damages under FDCPA, RICO, and state law claims in federal courts in Illinois, Indiana, and New York.
  • Represented banks and securitized trusts against plaintiffs’ claims alleging violation of federal and Missouri consumer protection and bank acts.
  • Represented technology company sued under the Telephone Consumer Protection Act (TCPA). Successfully resolved in favor of client.
  • Represented a major homeowner insurance company that was sued by plaintiffs, alleging discrimination and violations of federal housing acts. Plaintiffs claimed that multiple insurance companies charged rates that discriminated on the basis of race. Successfully defeated class certification.
  • Represented consumer reporting agency in numerous actions and suits involving FCRA class actions nationwide.
  • Defended numerous insurance agents, brokers, and carriers against millions of dollars of preference, fraudulent transfer, and related claims brought by the Chapter 7 trustee, obtaining settlements, dismissals, and summary judgments.
  • On behalf of major bank seeking to recover in excess of $5 million from guarantors in the Northern District of Oklahoma, defended against counterclaims which alleged the bank had violated the ECOA and Reg. B. The parties reached a confidential settlement on the eve of trial.
  • On behalf of plaintiff trustee in bankruptcy, obtained favorable settlement of fraudulent transfer claims arising under Section 548 of the Bankruptcy Code and applicable Missouri law and related to conveyances of realty.
  • Obtained partial summary judgment on behalf of defendant on the Trustee’s constructive fraudulent transfer/beneficial transferee claim which sought to recover in excess of $30 million.
Recent News

Past Events