Represented a major national lender in connection with self-disclosure of non-compliance with certain regulatory issues. The engagement included meeting and working with state and federal regulators, state-wide vacature of more than 25,000 lawsuits, appearances in virtually every court within the State of Ohio and coordination of refunds of state-court judgments.
Banking & Financial Services
A passionate and experienced team providing legal, regulatory and compliance solutions to banks, lenders and financial services companies nationwide.
In today’s uncertain economy, financial institutions of all sizes need sound strategies to address rapidly evolving legal, regulatory and compliance challenges. From traditional corporate, regulatory, litigation and transactional issues to new opportunities created by industry advancements, financial services providers throughout the U.S. look to us for experienced counsel and innovative solutions.
Our attorneys have hands-on experience in all legal matters impacting banks and financial services companies. We help clients with corporate governance issues, regulatory compliance and enforcement proceedings, commercial and fiduciary litigation, and a variety of lending and real estate matters. We are known for our unique industry experience, responsiveness and our ability to provide credible, pragmatic and professional advice to a diverse group of industry participants.
Types of clients we represent:
- Banks and financial institutions
- Commercial and residential mortgage lenders
- Consumer finance companies
- Credit unions
- Small loan lenders
- Automobile financing companies
- Settlement service providers
- Trade associations
Related Industries & Practices
A rapidly changing legislative environment and unprecedented regulatory oversight have brought about the need for updated methodologies, policies and procedures for all financial institutions — from community banks to international operations. We help clients develop and implement strategies to address evolving challenges, including compliance management systems, cybersecurity risk management, CFPB examinations, enforcement actions, HUD investigations, whistleblower audits, model policies and procedures, social media and advertising compliance, and more. For more information, please visit our Financial Services Regulatory & Compliance page.
Bricker & Eckler defends financial institutions of all sizes in a variety of litigation proceedings, including consumer finance litigation, CFPB and other regulatory enforcement actions, bankruptcy proceedings, residential contested foreclosures, class actions and litigation management across multiple jurisdictions. Our clients look to us for strategic and focused counsel when facing federal and state statutory causes of action, as well as common law claims. Recognizing and understanding the interface between consumer financial services litigation and bankruptcy claims, we often collaborate with our bankruptcy attorneys to maximize the defenses and litigation options available to clients. For more information, please visit our Banking & Financial Services Litigation page.
Our attorneys represent broker-dealers, registered representatives and financial institutions in a broad range of customer and industry disputes, including litigation in state and federal courts throughout Ohio and arbitrations across the country before the Financial Industry Regulatory Authority (FINRA). These services are particularly valuable for FINRA member companies that are engaged in the sale of regulated products. We also represent broker-dealers and insurers of securities in administrative and enforcement proceedings and advocate the interests of insurers on important policy issues.
Well-versed in the complex documentation and administration of real estate transactions, our team is skilled in handling a variety of loan types and capital financings. We represent lenders of all sizes in connection with construction and permanent loans, state and federal historic tax credit projects, and a variety of general commercial real estate financing transactions, taking a solution-based approach to the loan documentation and closing process. Visit our Real Estate practice.
We maintain a sophisticated, high-volume commercial lending practice, representing numerous commercial lenders throughout the U.S. Our attorneys focus on the representation of financial institutions and other lenders in commercial lending and structured finance transactions, including asset-based credit facilities, second lien and mezzanine facilities, loan syndications, tax credit bridge financing, real estate secured facilities and more. Our deep understanding of the lending business and our commitment to the goals and objectives of our clients allows us to provide practical, business-minded counsel throughout each stage of the transaction.
Often representing creditors of a troubled businesses, we use a multidisciplinary approach to solve clients’ problems both quickly and cost-effectively. We regularly represent lenders in all sorts of debt restructures and workouts. Our team uses refined negotiation skills and vast transactional knowledge to design customized solutions that address the unique goals of each client. Visit our Creditors' Rights & Bankruptcy practice.
Our skilled Government Relations team connects banks, lenders and financial services companies to the legislative, administrative and regulatory opportunities that support their goals. Our attorneys use firsthand knowledge of complex election, ethics, lobbying and contracting law to build productive relationships with officials and advocate on behalf of clients’ public policy interests. Visit our Government Relations practice.
Represented a permanent lender in connection with senior term loan and tax credit bridge loan financing for several solar facilities located in North Carolina.
Successfully defended various lenders in response to alleged violations of the Equal Credit Opportunity Act and Fair Housing Act related to cases of “secret shoppers” and facially inequitable credit data.
Provided effective representation to counter allegations of unlawful conduct and mitigated damages and risks posed by federal and state regulatory agencies in jurisdictions throughout the U.S.
Created and developed intensive cybersecurity risk mitigation programs for financial institutions to prevent and mitigate the growing risks associated with engaging in business in the digital age.
Defended complex issues associated with lending and loan servicing, including the successful resolution of claims involving loan repurchase/indemnification, Telephone Consumer Protection Act violations, and Fair Debt Collection Practices Act and Fair Credit Reporting Act claims.
Developed fine-tailored compliance management systems for both large and small institutions, engineered to merge best practices with practical budget and operational realities.
Defended a lender against allegations that a mortgage loan originator discriminated against potential borrowers based on race and national origin.
Secured dismissal of claims under the Fair Debt Collection Practices Act against a mortgage lender in federal court.
Educated local government officials regarding the property rights of pawnbrokers in pawned items.
Defended a mortgage banker against allegations of multiple violations arising from a state examination.
Successfully represented several national broker-dealers and their associated persons in over 60 arbitration actions brought before the Financial Institution Regulatory Authority (FINRA) as well as in securities fraud claims brought in federal court in over 15 states.
Led the restructuring of numerous personal property secured transactions as counsel for both senior and mezzanine lenders.
Served as Ohio counsel for a loan servicer, handling the broad spectrum of complex federal, state and common law issues that arose in the context of consumer financing and residential mortgage lending.
Served as receiver's counsel on all issues related to property management, leasing and sale and assisted in the successful resolution of receivership cases across the state.
Represented the lender, a regional bank, in connection with a construction loan for a low-income housing tax credit rehabilitation project. Because the project involved a historic building financing from state and federal historic tax credits was utilized, among multiple other financing sources.
Served as lender’s co-counsel in the negotiation and documentation of a variety of solar farm development and financing projects.
Defended a bank in a $6 billion adversarial bankruptcy proceeding in New York against investors related to a leveraged buyout of a company that went bankrupt.
Represented multiple banks in connection with over 100 construction and permanent loans for low-income housing tax credit projects utilizing the USDA Rural Development 538 Loan Guaranty Program.
Represented a national platform bank in connection with an equity bridge loan for an approximately $115,000,000 low-income housing tax credit rehabilitation project in Massachusetts involving MHFA Bond financing and Fannie Mae financing
Served as lead counsel to a secured lender on a federal court receivership case involving a broad range of issues across multiple states.
Represented a national platform bank in connection with construction loans totaling $15,000,000 for two phases of a Section 8, low-income housing tax credit, revitalization project in New Jersey involving a ground-lease structure and County Bond proceeds, HOME Loan proceeds, FHLB Loan proceeds and HUD Replacement Housing Factor Funds.
Obtained complete dismissal in a putative $10 million consumer class action alleging predatory lending practices prior to class certification through motion practice.
Successfully defended a finance company against a $300 million claim asserting improper financing of a borrower.
Represented the trust department of a national financial institution in all aspects of the sale and leasing of office and retail real estate and the reinvestment pursuant to deferred like-kind exchanges.
Represented a super regional bank in connection with a $37,000,000 line of credit/refinance transaction for a multi-state shopping center portfolio involving a co-obligor arrangement with a Canadian parent entity.
Represented a national platform bank in connection with a direct purchase bond transaction in Ohio. The project involved multiple layers of financing for the renovation of a historic building to be converted into a low-income housing tax credit project.
Represented a national platform bank in connection with the construction and permanent financing for a scattered site low-income housing tax credit project located in Ohio.
Represent a national platform bank in connection with a $50,000,000 line of credit facility secured by over 2,000 acres of real estate collateral.
Represented a regional bank in connection with a construction loan for a low-income housing tax credit project located in Georgia on a ground-leased site. The project also involved HUD financing, Tax Credit Assistance Program financing and Tax Credit Exchange financing.
As lender's lead counsel, negotiated and documented numerous asset-based financings, including an asset-based financing transaction in excess of $500 million.
Served as lead counsel for the borrower in connection with a $100 million series of financings to develop a consumer products manufacturing facility.
Defended various proceedings involving actions before the National Association of Securities Dealers.
Defended lawsuits involving financial products and suitability issues.
Successfully defended a bank president in a $28 million lawsuit following a four-week jury trial.
The myth of fingerprints: Maturity in compliance
TRID: Do you want to know a secret?
In the wake of the Dodd-Frank Act, financial services companies are struggling to understand the practical implications of new rules and regulations as they prepare for regulatory exams. Our comprehensive online manual is designed to help mortgage industry insiders comply with the Dodd-Frank Act and other related federal statutes and regulations. It includes legal definitions, practical compliance tips and checklists, and template policies and procedures to help evaluate and strengthen compliance management systems.