ur lawyers have extensive experience in litigation arising from the financial services industry. As described in the following pages, that experience includes enforcement of loans, representation of creditors and lenders in bankruptcy, as well as the defense of consumer class actions. But our experience includes the other aspects of financial services litigation as well.
FINANCIAL SERVICES LITIGATION EXPERIENCE
SECURITIES/INVESTMENT DISPUTES DOMESTIC Litigation against financial institutions over failed investments has become commonplace. As markets have cycled, and corporate scandals have spread, investors have brought a variety of claims against their financial advisors and financial institutions. The firm's experience includes the defense of claims by domestic investors for breach of fiduciary duty, mishandling of investment instructions, disputes over custodial accounts, suitability disputes as well as claims premised on the financial institution's alleged negligence that enabled others to defraud the claimant. The firm has substantial experience defending claims brought on account of the activities of rogue brokers or other financial representatives, ranging from negligence to conspiracy to defraud.
SECURITIES/INVESTMENT DISPUTES INTERNATIONAL Given its international practice, the firm represents financial institutions against claims brought by foreign claimants arising out of their international investments. The firm's international know-how has been useful in defending such claims, including in dealing with the cultural and foreign law issues that arise in the context of such disputes with a foreign plaintiff as well as utilizing the firm's substantial experience in addressing jurisdiction and forum non conveniens issues.
BANK LITIGATION The firm's broad experience in financial services has enabled it to handle a broad range of litigation to which banks are exposed arising out of their operations and relationships with customers, including claims for account fraud, check fraud, wire transfer fraud, credit card fraud, ATM fraud, credit defamation, financial privacy, account interpleader actions, and for violations of check handling procedures. The firm represents banks and financial institutions in a variety of actions in state and federal trial and appellate courts and bankruptcy courts.
LETTERS OF CREDIT Given the high level of international trade activity in Miami, commercial and standby letters of credit represent an important component of banking services. The firm has extensive experience in letter of credit disputes, particularly in the international context against account parties and beneficiaries as well as claims against intermediary banks.
CREDITORS' RIGHTS AND BANKRUPTCY EXPERIENCE
REMEDIES Domestically, we represent creditors
in state and federal court litigation in Florida
and other states against borrowers and other debtors.
We handle a broad variety of creditors' rights litigation
that includes pre-judgment remedies such as replevin,
garnishment, attachment and injunctive relief. We
are also experienced in a wide array of litigation
under the Uniform Commercial Code.
LITIGATION Our bankruptcy practice ranges
from litigation with trustees seeking to recover
allegedly preferential transfers received by our
creditor-clients to fraudulent transfer litigation
brought by our clients seeking to recover assets
transferred by debtors to thwart their creditors'
collection efforts. Our team has contested bankruptcy
reorganizations, including plans of reorganization
and attempted cramdowns. We have litigated with
foreign trustees seeking to enlist the aid of the
U.S. bankruptcy courts to bar our creditor-clients
from seizing collateral or other assets in the U.S.
BANKRUPTCY - EXPERIENCE Founding shareholder
Greg Grossman began his career in bankruptcy law
as a law clerk for one of the leading bankruptcy
judges in Florida. Concentrating his practice in
bankruptcy and other creditors' rights issues, Greg
has lectured at seminars for The Florida Bar and
other groups and is an active member of the bankruptcy
bar. He handles cases in bankruptcy courts both
in and out of Florida.
INSOLVENCY - EXPERIENCE Internationally,
we represent lenders and creditors throughout Latin
America. On behalf of our clients, we have conducted
comprehensive surveys of the credit laws in multiple
Latin American countries to evaluate the possibility
of offering asset-based finance products, such as
accounts receivable and inventory financing. Our
recognized experience in this area led the World
Bank to engage José Astigarraga as a consultant
to assess the region's insolvency systems.
DEBT ENFORCEMENT The U.S. Government appointed
José Astigarraga to represent it at the meetings
of experts convened by the Organization of American
States to prepare a model secured lending law for
adoption in Latin America. Being bilingual, bicultural
and experienced in Latin American insolvency issues,
our lawyers oversee enforcement of debt obligations
and other financial transactions throughout the
region. That fluency and knowledge have enabled
our lawyers to participate actively in multi-party
negotiations in Spanish with Latin American debtors,
trustees, banks and other lenders on behalf of our
creditor clients, and to devise strategies for the
enforcement of these obligations.