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.
- 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
- Best Lawyers, 08.2020
- South Carolina Super Lawyers, 04.2020
- Best Lawyers, 08.2019
- Benchmark Litigation, 11.2018
- Moore & Van Allen recognized by U.S. News & World Report and Best Lawyers with top-tier ‘Best Law Firms’ rankings11.2018
- Benchmark Litigation, 07.2018
- Business North Carolina, 01.2018
- Super Lawyers, 01.2018
- Best Lawyers, 08.2017
- Jules Carter serves as speaker for Lorman Webinar: Potential Bank Regulation Changes Under the Biden Administration05.2021
- Jim McLoughlin and Ed O'Keefe's article published by Westlaw: When corporate reporting creates criminal riskWestlaw, 03.2021
- Corporate Compliance Insights, 05.2018
- North Carolina Bar Association, 10.2017
Blogs and Resources
- MVA White Collar Defense, Investigations, and Regulatory Advice Blog, 07.22.2021
- MVA White Collar Defense, Investigations, and Regulatory Advice Blog, 05.27.2021