Since its founding, the firm has represented national, regional and local banks, broker-dealers, mortgage lenders, leasing companies, trustees, and other financial institutions, as well as the individual representatives thereof. Currently comprised of more than 30 attorneys including former accountants, brokers and prosecutors, our litigators possess a sophisticated understanding of the financial services industry and our clients’ objectives. We provide effective and efficient representation that balances business interests with zealous advocacy.
From individual claims to class actions, our group has represented banking and creditor clients and developed an understanding of the risks and opportunities they face. We regularly appear in state and federal trial and appellate courts, as well as in NYSE, NASD, AAA, JAMS and ICC arbitration proceedings. We also advise our clients and provide preventive counseling and training on best practices and litigation avoidance. As a national firm serving national and international clients, we are adept at coordinating with local counsel to handle matters outside of North and South Carolina.
Our firm’s industry expertise, however, is not limited to litigation. By bringing together experienced lawyers in different disciplines, we provide our clients cost-effective representation. Our financial services litigators regularly collaborate with other groups within the firm, including the Bankruptcy & Financial Restructuring, Corporate and Finance groups to meet the full scope of each client’s needs. Our lawyers draw on the firm’s collective knowledge of the financial services marketplace and the products that keep it running.
A Broad Range of Financial Services Litigation Experience
We have successfully handled matters involving:
- Commercial lender liability
- Valuation disputes
- Bankruptcy and creditor rights litigation
- Fiduciary obligations
- Broker-dealer/investment management
- Intercreditor disputes
- Articles 3 and 4 of the UCC
- Real property and construction finance
- Obtained a $160 million damages award in favor of a bank client and a finding of no liability on $354 million in counterclaims following a week-long arbitration hearing in a dispute over commercial loans and the valuation of real estate collateral.
- Defended a community bank against a contract and tort complaint filed by borrower and guarantor to avoid foreclosure on commercial properties and obtained final dismissal of all claims.
- Represented a national banking institution in defending claims arising from an international acquisition of corporate entities.
- Obtained positive resolution for a national banking institution in defending lender liability claims based on breach of fiduciary duties related to investment accounts.
- Successfully represented a financial institution in the collection of more than $15 million in defaulted loans in two bankruptcies of related entities.
- Represented the holders of $120 million in subordinated notes in connection with an equitable subordination adversary proceeding.
- Obtained judgment and settlement for bank and bank president in a multimillion dollar lender liability action.
- Prevailed at trial and on appeal in a $200 million bankruptcy preference action.
- Successfully defended a national bank in a jury trial on counterclaims for fraud and unfair and deceptive trade practices.
- Twenty-Eight Moore & Van Allen Attorneys Named to 2023 North Carolina Super Lawyers or Rising Stars Lists01.2023
- Moore & Van Allen Receives Multiple National and Metropolitan Rankings from 2023 U.S. News – Best Lawyers ‘Best Law Firms’11.2022
- Best Lawyers, 08.2020
- South Carolina Super Lawyers, 04.2020
- Best Lawyers, 08.2019
- John Fagg and Jim McLoughlin commentary featured in Lawdragon: White Collar Enforcement Under the Biden Administration04.2023
- Sarah Sheridan served as guest speaker for NCBA Antitrust & Complex Business Disputes Law Section CLE04.2023
- Valecia McDowell and Elena Mitchell Featured in an Episode of The Financial Executive Podcast Entitled “Auditing a Company’s Civil Rights Record”06.2022
- Jules Carter serves as speaker for Lorman Webinar: Potential Bank Regulation Changes Under the Biden Administration05.2021
- Valecia McDowell and Raquel Macgregor Pearkes co-author NCLW article: Amotion sees resurgence after almost a decade09.2023
- Sarah Sheridan’s article published by South Carolina Lawyers Weekly: Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege06.2023
- Lexi Narducci’s article published by North Carolina Lawyers Weekly: The sun sets on a takings clause claim05.2023
- Valecia McDowell, Chassity Bobbitt, and Jonathan Gilmartin author Westlaw article: Diversity culture clashes: the desire for and backlash to DEI audits and interventions02.2023
- Sarah Byrne & Jules Carter co-author JDSupra article: It’s Time to Rectify the Unconscionable Burden Placed on Sex-Trafficked Girls10.2022
- Jonathan Prytherch’s article published by Westlaw Today: Riding the regulatory enforcement train: FINRA issues reminder on supervisory liability for chief compliance officersWestlaw Today, 05.2022
- Valecia McDowell and Elena Mitchell’s article published by Bloomberg Law: Racial Equity Audits: The New ESG Frontier04.2022
- Taylor Festa published in Lawyer Monthly: How Employers are Attempting to Navigate Uncertain Times with Imperfect Guidance and Unknown Risk11.2021
- Jules Carter’s article published by Westlaw: ’I believe every ICO I’ve seen is a security’: Securities regulation in the age of cryptocurrency-based investment contractsWestlaw, 05.2021
- Jim McLoughlin and Ed O'Keefe's article published by Westlaw: When corporate reporting creates criminal riskWestlaw, 03.2021
Blogs and Resources
- MVA White Collar Defense, Investigations, and Regulatory Advice Blog, 08.03.2023
- Tanisha Palvia and Alli Davidson co-author article: SCOTUS clarifies intent requirement for False Claims Act casesMVA Litigation Blog, 07.31.2023
- New Legal Challenge Emerges to FDIC’s Supervisory Guidance on Re-presentment and Non-Sufficient Funds FeesMVA White Collar Defense, Investigations, and Regulatory Advice Blog, 07.28.2023
- Kyle Jacob and Jim McLoughlin co-author Westlaw article: Supreme Court dramatically expands scope of state court jurisdiction over businessesMVA White Collar Defense, Investigations, and Regulatory Advice Blog, 07.27.2023
- Kyle Jacob and Jim McLoughlin co-author Westlaw article: Supreme Court dramatically expands scope of state court jurisdiction over businessesMVA Litigation Blog, 07.27.2023
- John Fagg and Jim McLoughlin commentary featured in Lawdragon: White Collar Enforcement Under the Biden AdministrationMVA Litigation Blog, 04.25.2023
- John Fagg and Jim McLoughlin commentary featured in Lawdragon: White Collar Enforcement Under the Biden AdministrationMVA White Collar Defense, Investigations, and Regulatory Advice Blog, 04.25.2023
- MVA White Collar Defense, Investigations, and Regulatory Advice Blog, 12.14.2022
- MVA White Collar Defense, Investigations, and Regulatory Advice Blog, 08.11.2022
- MVA White Collar Defense, Investigations, and Regulatory Advice Blog, 08.04.2022
- MVA White Collar Defense, Investigations, and Regulatory Advice Blog, 03.30.2022
- MVA White Collar Defense, Investigations, and Regulatory Advice Blog, 07.22.2021
- MVA White Collar Defense, Investigations, and Regulatory Advice Blog, 05.27.2021