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Profile Visibility  | | #3,860 in weekly profile views out of 24,597 lawyers in Washington, District of Columbia | | #113,845 in weekly profile views out of 968,565 total lawyers Overall |
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| Practice Areas | Financial Institutions; Government Contracts; Litigation | | | Education | Washington University, J.D., 1979, University of Rochester, B.A., 1976 | | | Admitted | 1980, New York and District of Columbia | |
| Biography | Lecturer on Law in the Boston University Graduate Program in Banking Law Studies, 1991-1996. Senior Attorney, Office of the Comptroller of the Currency, 1979-1983. Member, Washington University School of Law National Council, 2007—. | | | Reported Cases | American Savings Bank, F.A. v. US, 2008 WL 4267787 (Fed. Cl.) (US$55 million damage award affirmed by Federal Circuit and remaining damages claims remanded for trial); Sacramento Municipal Utilities v. United States, 2008 WL 3539880 (Fed. Cir. Aug. 7, 2008) (liability affirmed and case remanded to the Court of Federal Claims for final determination of damages); Pacific National Bank, N.A. v. State of Connecticut, No. 06-4149, -- F.3d --, 2nd Cir. (2008) (amicus) (Connecticut law as applied to activities undertaken by national banks through third parties invalidated on grounds of federal preemption); State Farm Bank, F.S.B. v. Reardon, 539 F.3d 36, 6th Cir. (2008) (Ohio mortgage licensing law as applied to exclusive agents of federally chartered savings and loan associations invalidated on grounds of federal preemption); Rose v. Chase Bank USA, N.A., 513 F.3d 1032, 9th Cir. (2008) (state disclosure statute invalidated on ground of federal preemption and establishing the principle that evidentiary showing of burden is not necessary to a finding of preemption); The Clearing House Ass'n, L.L.C. and The Office of the Comptroller of the Currency v. Cuomo, 510 F.3d 105, 2nd Cir. (2007) (represented the American Bankers Association and other industry trade groups as amici) (enjoined New York State Attorney General from conducting enforcement proceedings against national banks); Montgomery v. Bank of America Corp., 515 F. Supp. 1106 (C.D. Cal 2007) (rejection of state unfair competition law claims on grounds of federal preemption); Augustine v. FIA Card Services, N.A., 485 F. Supp. 2d 1107 (E.D. Cal. 2007) (dismissed class action alleging violation of state unfair and deceptive practices on grounds of federal preemption); Watters v. Wachovia Bank, N.A., 127 S. Ct. 1559 (2007) (represented American Bankers Association and other industry groups as amici) (National Bank Act preemption extends to "operating subsidiaries"); Old Stone Corp. v. US, 450 F.3d 1360, Fed. Cir. (2006) (obtained US$74.5 million damages judgment against the United States for breach of contract); Bank of America, N.A. v. McCann, 444 F. Supp. 2d 1227 (N.D. Fla. 2006) (obtained federal court injunction against continuation of Florida state court Qui Tam action); Centex Corp. v. US, 395 F.3d 1283 (2005) (obtained US$28 million judgment against the United States for breach of contact); Globe Savings Bank, F.S.B v. US, 65 Fed.Cl. 330 (2005) (obtained US$33 million judgment against the United States for breach of contract); Am. Fin. Services Ass'n v. City of Oakland, 34 Cal. 4th 1239 (2005) (represented industry trade groups as amici) (successful state law preemption challenge invalidating a "predatory lending" ordinance adopted by the City of Oakland, California); Beneficial Nat. Bank v. Anderson, 539 US 1, 123 S.Ct. 2058 (2003) (landmark Supreme Court decision authorizing removal of certain National Bank Act cases from state to federal court); Am. Bankers Ass'n v. Lockyer, 239 F. Supp. 2d 1000 (E.D. Cal. 2002) (enforcement of California minimum payment statute permanently enjoined on grounds of federal preemption); In re Consolidated Pinnacle West Securities Litigation/Resolution Trust Corporation-Merabank Litigation, 51 F.3d 194 (affirming broad bar order against indemnity and contribution claims issued in connection with approval of class action settlement); del Junco v. Conover, 682 F.2d 1338, 9th Cir. (1982) (leading case on authority of federal bank regulators to impose individual monetary director liability). | | | ISLN | 908465536 | |
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