Practice/Industry Group Overview
Carroll, Burdick & McDonough’s financial services group has decades of experience handling complex commercial litigation and workouts for national and regional banks, financial institutions and major related corporations. Our approach to each matter is both strategic and pragmatic. While having significant trial experience and success, we nonetheless prioritize business and economic considerations, seeking creative solutions in the best interest of our clients.
Our team is large enough to provide the strength our clients need, yet small enough to offer significant cost savings. We stress clear communications throughout the litigation and workout process, always seeking the best business resolution—not simply the best legal solution—for our clients.
Our method of handling litigation is simple, straightforward and cost-effective: (1) conduct a thorough investigation of the facts and law, (2) develop sound legal theories early, (3) help the client define and refine its business goals in the matter, (4) except in time-sensitive situations (such as a preliminary injunction), seek to engage opposing counsel in negotiation and settlement discussions, and (5) if unsuccessful, prepare and try the case in a professional, focused manner. We have substantial experience in all facets of the litigation process and success at every level.
Legal and business challenges we resolve include:
- Bank Operations
- Business Torts
- Class Actions
- Creditor Rights/Bankruptcy
- Discriminatory/Predatory Lending
- Employee Defalcation
- Financial Institutions as Trustees
- Forgeries/Check Claims
- Judicial Foreclosures
- Legality of Banking Practices and Procedures
- Lender Liability/Bad Faith
- Organized Crime Schemes
- Provisional Remedies
- Real Estate Based Transactions
- RICO Violations
- Secured Transactions
- Securities Violations
- Unfair Competition/Unfair Practices Claims
- Uniform Commercial Code
Representative matters include:
- Winning a unanimous jury verdict in a $6 million bad faith and fraud case for a major financial institution.
- Bringing a $10 million complex commercial case involving significant punitive damage exposure to a successful conclusion.
- Successfully defending major financial institutions against a myriad of high-stakes Unfair Competition and Unfair Practice claims (Business & Professions Code Section 17200), including resolution of a $50 million case for a major client.
- Securing dismissal of a major credit card processor from a $20 million breach of contract case.
- Successfully defending major financial institutions against claims of negligence and fraud, resulting in the dismissal of multiple cases after impeaching the plaintiffs during deposition.
- Obtaining dismissals on numerous cases involving alleged forgeries by proving the transactions were related to money laundering and other organized crime activities.
- Winning dismissal of all claims related to the foreclosure of a multi-million dollar commercial property.