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Practice/Industry Group Overview
Buchanan Ingersoll has represented financial institutions in major litigation for over half a century. Recent cases have involved many of the significant disputes regularly encountered by lenders and trust departments throughout the country and internationally.
Because of the breadth of our bank litigation experience and the depth of our general financial institution practice, Buchanan Ingersoll practically eliminates the learning-curve other firms must undergo when they are confronted with complex litigation involving financial institutions. Because of this experience with virtually any lawsuit financial institutions might confront, Buchanan Ingersoll's Financial Institutions Litigation Group strives to increase both cost-effectiveness and the likelihood of success.
We are not only counselors and advisors for financial institutions regarding how to avoid or resolve litigation but we have a team of seasoned trial lawyers who understand the problems unique to financial institutions and who have tried to verdict cases which raise such problems.
In addition, the vast experience of our Financial Institutions Group provides accessible, in-house and cost-effective consultation on lending and regulatory issues that many other firms can only get from another layer of paid litigation consultants.
Representative Experience
With 12 offices throughout the United States, we have handled litigation for financial institutions involving all of the following banking activities, issues and disputes:
General Lending Litigation
:: Merger/Acquisition Financing
:: Complex Credit Workout and Collections
:: Revolving Credits
:: Lender Liability
:: Enforceability of Commitment Letters
:: Collateral Foreclosure Proceedings
:: Enforcement of Guaranties
:: Participation Agreements
:: Class Actions
Syndicated Lending
:: Breach of Agent/Lead Duties
:: Inter-Creditor Disputes
Specialized Lending
:: Letter of Credit Dishonor and Injunctions Against Honor
:: Consumer Protection
:: Land-Use/Development
:: Joint Venture Financing
:: Industrial Revenue Bond Financing
:: ESOP Financing
Fiduciary Administration and Orphans' Court Matters
:: Conflict of Interest
:: Improper Administration of Accounts and Distribution of Assets
:: Fiduciary Compensation Disputes
:: Surcharge/Removal Actions
:: Will Contests, Objections to Inventories and Accounts
:: Spousal Election Actions
:: Questions of Interpretation Under Wills and Trusts
:: Unauthorized Practice of Law
:: Trust Indenture Act Proceedings
:: Bond Indenture Claims
:: Breach of Fiduciary Duty Claims
Negotiable Instruments
:: Wrongful Dishonor
:: Fraudulent and Restrictive Endorsements
:: Fictitious Payees
:: Check Kiting Schemes
Transfer Agents
:: Overissuance of Stock
:: Breach of Redemption Rights
:: Proxy Contests
:: Dividend Calculations
Securities and Insurance
:: Mortgage Securitization
:: REIT Securities Fraud
:: 10b-5 Suits over Stock Price Fluctuations
:: Proxy Statement and Financial Statement Fraud
:: SEC Disclosure Requirements
:: D&O Insurance Claims
:: Fidelity Bond Claims
:: RICO
Bankruptcy Proceedings
:: Fraudulent Conveyance Actions
:: Preference Actions
:: Priority Disputes
:: Cash Collateral Foreclosure
:: Reorganization Plan Objections
:: Equitable Subordination Claims
:: Sale Objections
:: Substantive Consolidation Disputes
:: Claim Trading
Litigation Perspective
Buchanan Ingersoll litigators work with bankers on a daily basis. We speak the language and understand the business of the lending industry. Most importantly, we share a banker's view of litigation:
Success means recovering a loss, or preventing one, in a cost-effective way. The real bottom line includes litigation expenses and the opportunity cost of making productive business executives unproductive witnesses.
At the outset, we prepare a cost-justified strategy and review it with our clients. We analyze all appropriate options including commercial settlements, arbitration, counterclaims, injunctive relief and attorney fee claims. To Buchanan Ingersoll attorneys, litigation is not an end in itself, but merely a process to achieve an end: the prompt, cost-effective resolution of disputes.
Our litigators are regularly involved in financial institutions litigation throughout the nation and in many foreign countries.
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