214.974.0585  |  info@hs-firm.com

Financial Services Litigation and Transactions

Since the 2008 economic crisis, finance has been one of the most dynamic (and most troubled) industries in America. The COVID-19 pandemic has brought new concerns and considerations to financial services litigation and transactions.

Over the past decade, the attorneys at Howard & Spaniol have guided clients, both individuals and businesses, through litigation and conflict resolution of in a myriad of contexts. Howard & Spaniol have also worked with clients at every stage of finance – from negotiating loan terms through resolution of a loan-based litigation.

Howard & Spaniol have the experience and knowledge to protect their clients’ interests throughout the deal-making, and deal-breaking, process.

Representative matters:

  • Without ever commencing litigation, negotiated settlement on behalf of national lender that had been defrauded by retail-chain borrower in multimillion-dollar certificated syndicated loan. Settlement included Defendant retail-chain divesting its collateral, fully repaying loan, and reimbursing lender’s attorneys’ fees.
  • After taking over representation of national lender from another firm, successfully vacated prior summary judgment, obtained summary judgment on Plaintiff-borrower’s wrongful-foreclosure and deceptive trade practices claim. Subsequently negotiated settlement of remaining claims for less than 10% of Plaintiff’s initial demand, half of which was paid by impleaded title insurer.
  • Negotiated eve-of-trial settlement of less than 10% of Plaintiff’s alleged damages on behalf of international financial services company in commercial lawsuit alleging breach of a non-compete provision in promotional/shared-services agreement.
  • Negotiated eve-of-trial settlement on behalf of national lender for less than 5% of Plaintiffs’ claimed damages in dispute relating to alleged breach of securities pooling agreement, fraud, and wrongful foreclosure.
  • Obtained summary judgment in favor of real-estate lender against property/asset management company and favorably settled with more than 30 investors in real estate venture, recovering approximately 90% of outstanding assets and reimbursement of lender’s attorneys’ fees.
  • Obtained dismissal of all of Plaintiff’s claims against national mortgage-servicing company. Claims included wrongful eviction, fraud, duress/coercion, and conversion claims.
  • With minimal discovery, negotiated settlement at less than 2% of damages Plaintiffs initially sought against national real-estate lender based on allegations of fraud, fraudulent inducement, and breach of contract on real estate transaction.
  • Shortly before trial, negotiated settlement for less than 20% of Plaintiff’s claimed damages against national-banking lender in dispute regarding claims of fraudulent inducement, fraud, and breach of contract on mortgage-insurance benefits. Mortgage-insurer paid half of settlement amount.
  • Obtained summary judgment for national banking association on Plaintiffs’ FDCPA and RESPA claims (regarding debt-collection and real-estate settlement allegations) in lawsuit brought by homeowners asserting claims for wrongful foreclosure, breach of contract, unfair debt collection, and deceptive trade practices litigation. After summary judgment, negotiated settlement of all other claims for less than 10% of Plaintiff’s initial settlement offer.
  • Represented plaintiff in arbitration regarding stock purchase agreement resulting in seven figure recovery with attorney fees
  • Represented plaintiff in breach of contract and misappropriation lawsuit regarding collection of art valued at over $1 billion

Financial Transactions:

  • Asset-based lending
  • Commercial and residential real-estate sales and leasing
  • Equipment leasing and finance
  • Creditors’ rights

Howard & Spaniol see the big picture, but never lose sight of the details. Contact a lawyer with Howard & Spaniol, PLLC to determine if they can help.