Represented a Fortune 100 financial institution in a series of lawsuits and negotiations to recover monies owed under title insurance policies on claims involving more than 7,000 individual home equity mortgage loans and lines of credit, resulting in total recoveries to the client in excess of $140 million to date.
Represented a regional bank defending a lender liability suit and related challenge by a developer to the bank's foreclosure action arising out of a $20 million loan. Obtained foreclosure, recovery on the guaranty in a bench trial, dismissal of all nine claims against the bank and a significant judgment for the bank on the loan documents .
Represented a Fortune 100 bank in a $40 million fraud action against the bank’s outside security vendor, which received kickbacks from a bank officer in exchange for submission of inflated invoices.
Defeated a class certification motion on behalf of a consumer finance company related to Telephone Consumer Protection Act (TCPA) allegations in the 7th Circuit. The court ruled that the class could not be ascertained, the class definition constituted an improper “fail-safe” class, and the plaintiff failed to establish the Rule 23 requirements of commonality, predominance, adequacy, typicality and superiority. The court also held that the plaintiff did not establish numerosity, an unusual element for a court to decide in ruling against a class plaintiff.
Representation of a Fortune 200 financial institution in a breach of contract multi-district litigation relating to an interest rate increase on more than 30 million of its credit card accounts. The plaintiffs alleged breach of contract, breach of the implied duty of good faith and fair dealing, unjust enrichment, violations of the Truth in Lending Act (TLA), and more. With cases filed across the country, the matter was consolidated to the Northern District of Georgia. We prevailed on summary judgment on all claims, and the 11th Circuit affirmed on appeal.
Cheryl Haas, Alex Madrid Pen Article on Regulatory Developments for Dual Registrants
May 30, 2019
Emily Gordy Informs Law360, Investment News Coverage of New FINRA Rule Proposal Targeting Recidivism
May 14, 2019
Accomplished Litigator Stephen Foresta Joins McGuireWoods as New York Partner
May 9, 2019
The CFPB’s Debt-Collection Proposal: Key Details and Free Webinar
May 17, 2019
Complaint Alleging Real Estate Marketing Program Violated RESPA Anti-Kickback Rule Survives
May 13, 2019
D.C. Circuit Vacates SEC Sanctions, Says Negligent Omissions Are Not 'Willful' Under Advisers Act
May 13, 2019
NY Launches Consumer Protection and Financial Enforcement Division
May 8, 2019
CFPB Issues Proposed Debt Collection Rule
May 7, 2019