Lender Liability / Complex Litigation
Our society is aberrantly plagued by frivolous litigation. Our business environment suffers when parties to distressed lending relationships resort to frivolous “lender liability” litigation as a method of achieving business objectives. Members of the Firm have successfully defended two large lender liability lawsuits before such claims were certified as causes of action. Members of the Firm have successfully defended an international financial institution from a publicly traded Florida-based manufacturer seeking more than $50,000,000 in monetary damages for alleged fraud, violation of the State of Florida’s “Civil Theft Statute,” and on other grounds. This result was upheld on appeal to the Eleventh Circuit, with members of the Firm pitted against the most senior litigators at one of the State of Florida’s largest law firms.
The Firm continues to succeed in obtaining dismissals of various obligor counterclaims (and strategic “first strike” lender liability complaints) in state, bankruptcy, and other federal venues. Our goal is not merely to prevail on behalf of our lender clients, but to prevail in the most complete and prompt manner practicable in light of the procedural barriers that are inherent to civil litigation. Our lawyers have been involved in numerous examples of extremely complex litigation, ranging up to $160,000,000 in controversy, bringing fast and fair results to our cherished clients. Although financial institutions and other creditors seldom become embroiled in complex commercial litigation apart from loan enforcement and lender liability, the Firm has been involved in the representation of financial institutions in an array of contexts (including disputes between and among loan participants, enforceability of non-competition contracts, and competing lien priority disputes).