Financial Institutions and Securities Litigation

Whether in trial or appellate courts or alternative dispute arenas, Benesch litigators have a broad base of experience and knowledge in securities, shareholder, and financial services litigation and counselling.  We achieve successful results because of our pragmatic and tenacious approach to litigation, as well as our constant focus on our clients’ strategic goals and priorities, including avoiding litigation wherever possible.

Financial Services

In our representation of financial services organizations, our litigators have wide-ranging experience, including many successful representations defending and prosecuting claims and counterclaims in class actions, lawsuits, and arbitrations throughout the country.  We have defended banks against claims arising from commercial and consumer loans, letters of credit, credit and security agreements, guaranties, depositary accounts, wire transfers, and automated clearing house transactions, fiduciary obligations, trust accounts, the Fair Credit Reporting Act, Truth in Lending Act, the Patriot Act, the Fair Debt Collection Practices Act, the Real Estate Settlement Procedures Act, and the Equal Credit Opportunity Act.  Our experience covers the broad range of financial products typically offered by commercial banks and those provide services to financial institutions.  Our experience also includes advising and representing financial institutions about the ever-growing tangle of laws and regulations affecting lending, deposit accounts and other banking services.  We represent these same clients faced with inquiries and investigations by various regulatory bodies, including matters concerning audits.  We have experience defending claims brought under the federal statutes and regulations that govern consumer financial services, as well as those under state consumer finance laws and regulations including the Uniform Commercial Code, motor vehicle sales finance laws, and unfair and deceptive trade practices laws.

Securities and Shareholder Action Defense

In the securities arena, Benesch litigators have a comprehensive range of experience in securities disputes, including class actions, private equity litigation, disputes among shareholders or members in companies of all sizes, litigation involving public companies subject to a hostile tender offer, proxy battles, corporate governance disputes, breach of fiduciary duty claims, and similar matters.  We have represented companies and officers and directors in internal investigations, investigations by state and federal enforcement agencies, including the Securities & Exchange Commission, Department of Justice, bank regulatory agencies, and a wide range of state agencies.  We have successfully defended issuers, underwriters, brokers, investment advisors, accountants, attorneys, and officers and directors against claims of securities fraud and whistleblower and regulatory investigations and enforcement actions.  We have also defended against “stock drop” claims brought under the Employee Retirement Income Security Act of 1974 (“ERISA”) and other ERISA claims.

As with our other litigation specialties, the attorneys in Benesch’s Securities and Financial Services Litigation area have extensive experience handling class certification, e-discovery, expert discovery, and motion practice.