- Defense of International Clients in Allegations of Price Fixing Conspiracy
- Represented auto lenders responding to subpoenas from federal and state grand juries, as well as federal and state administrative agencies, including DOJ, CFPB, and DHS.
Represented auto lenders responding to subpoenas from federal and state grand juries, as well as federal and state administrative agencies, including DOJ, CFPB, and DHS.
- Prepared and represented witnesses at CFPB investigative hearing (one of the few that has been conducted by the agency) as counsel for indirect auto lender in CFPB investigation covering a range of fair lending/compliance issues.
Prepared and represented witnesses at CFPB investigative hearing (one of the few that has been conducted by the agency) as counsel for indirect auto lender in CFPB investigation covering a range of fair lending/compliance issues.
- Represented indirect auto lender responding to CFPB preliminary findings of disparate impact based on age and race.
Represented indirect auto lender responding to CFPB preliminary findings of disparate impact based on age and race.
- Represented a national subprime lender in a lengthy CFPB and DOJ fair lending joint investigation under the Equal Credit Opportunity Act, and obtained a no-action letter.
Represented a national subprime lender in a lengthy CFPB and DOJ fair lending joint investigation under the Equal Credit Opportunity Act, and obtained a no-action letter.
- Represented a lender in a nationwide DOJ Civil Rights investigation of its Servicemembers Civil Relief Act compliance.
Represented a lender in a nationwide DOJ Civil Rights investigation of its Servicemembers Civil Relief Act compliance. Negotiated a settlement millions of dollars below the DOJ’s initial demand. Managed two-year investigation, production and analysis of documents, and legal analysis of DOJ claims. Handled all negotiations with DOJ Civil Rights Division, including in-person meetings and negotiationMore
- Represented Servicer and GSE in Servicing-Related Litigation
Represented national loan servicer and GSE/investor in wrongful servicing federal litigation, successfully defending claims of willful breach of contract, conversion, fraud, breach of duty of good faith and fair dealing, intentional infliction of emotional distress, defamation, and violations of FDCPA, RESPA, and Mississippi S.A.F.E. Mortgage Act. Obtained summary judgment on all claims in favor of bothMore
- Representation of national lender in multiple lawsuits
Represented national lender in multiple lawsuits, including state court suit for discovery later dismissed as a “fishing expedition,” and separate federal court suit with fraud, fraudulent conveyance, injunctive relief, unjust enrichment, breach of good faith and fair dealing, negligence, and emotional distress claims. Prior to discovery on the merits, the federal district court dismissed theMore
- Obtained favorable jury verdict on breach of contract and breach of good faith and fair dealing claims related to the denial of SBA loan.
The plaintiff claimed that our client, a national bank, had breached the terms of a conditional loan commitment to finance the purchase and renovation of a building for a Subway restaurant by withdrawing the commitment after the plaintiff spent tens of thousands of dollars repairing the property. The case ultimately proceeded to a jury trialMore
- Successfully obtained judgment in a foreclosure lawsuit by establishing mortgage servicer’s compliance with HUD/FHA regulations prior to foreclosure
Borrowers asserted numerous counterclaims and defenses in a contested foreclosure claiming that client failed to comply with HUD/FHA regulations prior to foreclosure and as a result, was stopped from foreclosing. After significant discovery, we moved for summary judgment, arguing that non-compliance with HUD/FHA regulations can only form a defense, not an affirmative cause of action,More
- Successfully obtained judgment for mortgage servicing client on falsification and fraud claims.
Represented a national bank in which a borrower filed counterclaims against the bank alleging that it fabricated her signature on a promissory note. After extensive discovery, we moved for summary judgment, and the court ultimately granted the bank’s motion, finding that the borrower’s purported handwriting expert did not qualify as one and that the signatureMore
- Representation of National Bank in Mortgage Foreclosure Dispute in Louisiana Fifth Circuit Court of Appeal
Successfully represented a national bank on an issue of first impression before the Louisiana Fifth Circuit Court of Appeal. The bank foreclosed on a mortgage through executory process. The property owner was served with the notice of seizure and sale. Several days before the scheduled sale, the property owner filed for bankruptcy protection. However, afterMore
- Successful Representation of Client in Appellate Matter Involving Exception of Prescription
On behalf of our client, McGlinchey attorneys convinced the Louisiana First Circuit Court of Appeal to affirm dismissal of a case filed by the plaintiff on an exception of prescription. The case, dealing with the type of evidence a creditor must submit in order to interrupt prescription on a demand promissory note under La R.S.More
- In re Harrah’s Jazz Company (Bankr. E.D. La.)
One of the largest and highest-profile bankruptcies in Louisiana history, co-counsel for the Bondholders Committee representing the holders of $435 million in secured, publicly-traded bonds. Selected by the Bondholders Committee to serve as a member of the Board of Directors of JCC Holding Company, the publicly-traded successor entity under the confirmed plan.
- In re Campo Electronics, Computers & Appliances, Inc. (Bankr. E.D. La.)
A regional retail bankruptcy, representation of a national inventory finance lender and a bank providing private label credit cards.
- Representation of National Servicer in Cases Brought by Chapter 13 Debtors
Represented national servicer in approximately 35 separate cases brought by Chapter 13 debtors claiming violations of Bankruptcy Code related to computation and allocation of interest on monthly payments.
- Defense of National Automobile Lender in Alleged Dealer Fraud
Represented national automobile lender in multiple cases in several states involving alleged dealer fraud in sales and financing automobiles.
- Representation of National Bank in Class Action Involving Various Mortgage Fraud Claims
Represented national bank in a class action involving hundreds of plaintiffs with various mortgage fraud claims resulting in the settlement class.
- Represented National Bank in Class Action for Alleged Systemic Violations of Bankruptcy Code and Damages to Chapter 13 Debtors
Represented national bank in a putative nationwide class action in bankruptcy court for alleged systemic violations of Bankruptcy Code and actual and punitive damages to Chapter 13 debtors. Class certification denied by the bankruptcy court.
- Representation of National Bank in Litigation Involving Servicing Claims in Over 200 Chapter 13 Bankruptcy Cases
Representing a national bank in litigation involving servicing claims in over 200 Chapter 13 bankruptcy cases brought by Chapter 13 trustees challenging proofs of claims filed by the bank on various grounds.
- Representation of National Bank in Mass Actions Involving Mortgage Fraud Claims
Represented national bank and subsidiaries in over a dozen mass actions involving hundreds of plaintiffs with mortgage fraud claims filed in multiple state and federal courts.
- Representation of National Bank in Putative Class Action Involving National Homeowner Forbearance Program
Represented national bank and subsidiaries in a putative nationwide class action involving a national homeowner forbearance program, alleging that the bank enrolled thousands of troubled homeowners in the program without the borrowers’ consent in order to receive incentive fees. The federal district court denied class certification.
- Representation of Lenders/Originators in Series of Mass Actions with RICO and Mortgage Fraud Claims
Represented multiple lenders/originators in series of mass actions involving almost 150 plaintiffs with RICO and mortgage fraud claims.
- National Consumer Credit Compliance Project
For a national mortgage lender, McGlinchey handled a national consumer credit compliance project, including the creation of forms of retail installment contracts, promissory notes and security agreements, and forms for residential real estate lending. For this client, our team monitors applicable laws for eleven different lending products offered in 40 states.
- Representation of National Bank in Consumer Protection and Antitrust Litigation
Representing national bank and subsidiary in consumer protection and antitrust litigation brought by state attorney general for alleged abusive practices resulting in unnecessary fees charged to consumer credit card holders.
- Represented Regional Bank Trust Department in Estate-Related Litigation
- McGlinchey team successfully defends ex-Overstock CEO in securities class action
McGlinchey attorneys Bob Driscoll and Alfred Carry (Washington, DC) obtained another dismissal in favor of client Patrick Byrne, founder and former CEO of Overstock in a putative class action alleging securities fraud, market manipulation, and other secondary claims.
- Successfully overturned five-plus-year-old default judgment entered against financial institution.
After garnishment proceedings had been initiated against our client, a national trust company, we were able to stop the collection efforts and get a default judgment that was more than five years old vacated against the client so that the case could be litigated on its merits.
- Successful defense of RICO claims against national bank.
Represented a national bank in federal court against claims that it and its foreclosure counsel had engaged in racketeering activity in violation of RICO when it purportedly fabricated its standing to foreclose. After extensive discovery and multiple lawsuits, we were able to get judgment in favor of our client, finding, among other things, that it didMore
- Successfully overturned judgment denying client’s motion to compel arbitration.
Our client, an indirect automobile finance company, had moved to compel arbitration of a lawsuit filed against it. When the motion was denied, we appealed and were successful in not only getting the judgment reversed but also getting the appellate court to declare that the client’s arbitration clause was not substantively and procedurally unconscionable.
- Deep Knowledge of Both Technology and Financial Services Prevented a Meltdown of a Client’s Internet Banking Operations
Where we started: Our client, a national financial institution, was accused by a vendor, a market-leading online banking platform, of violating the terms of a software licensing agreement. Even as our client sought to transition to a different provider, the ensuing lawsuit in federal court threatened to put the client’s internet banking operations in jeopardy.More
- Thorough Internal Preparation and Counsel Result in No Enforcement Action on CFPB Civil Investigative Demand
Where we started: McGlinchey’s Consumer Financial Services Compliance team serves as outside counsel to a national sub-prime auto lender who received a civil investigative demand from the Consumer Financial Protection Bureau (CFPB) regarding collections practices. Our Strategy – plus more: Our Government and Internal Investigations team worked closely with the Consumer Financial Services Compliance groupMore
- Fast and Comprehensive Response to Data Breach Minimizes Company’s Exposure and Satisfies Regulatory Responsibilities
Where we started: In-house lawyers of a prominent national corporation operating four companies, including a large insurance firm, contacted our team to manage their response to a data breach. Although they hadn’t previously retained our Cybersecurity and Data Privacy team, they had heard of our extensive experience in and deep knowledge about these matters, asMore
- Represented FinTech company in $100 million commercial loan transaction
McGlinchey Stafford represented a financial technology company based in Colorado in the structure and negotiation of a loan purchase agreement, requested opinions to certain opinion parties and the closing of the transaction on an expedited schedule to coincide with the closing of an additional capital raise.
- Represented FinTech company in conversion transaction
McGlinchey Stafford represented a FinTech company and its wholly-owned subsidiary in the final closing of the conversion of notes for a capital investment transaction. McGlinchey Stafford served as exclusive legal counsel with respect to the conversion transaction, including lender regulatory compliance and transaction guidance, including finalizing change-of-control, analysis, and notices which were a gatekeeping itemMore
- Leading the FinTech Revolution: Regulatory Compliance Matters When Developing New Payment Platforms
A national financial technology company listed in the Forbes FinTech 50 sought out McGlinchey’s team of nationally-recognized regulatory compliance counsel for technology companies operating in the consumer finance sector.
- Represented U.S. lenders in connection with the financing of floating casinos.
- Comprehensive knowledge of licensing requirements across the country enabled us to get a marketplace lending platform fully licensed and expand its market reach
Where we started: A national provider of unsecured personal loans operating from an online marketplace lending platform sought advice on meeting its regulatory compliance obligations. The client wanted to gain the ability to stay up to date on its regulatory compliance obligations, offload the burden of state compliance, and expand into states previously closed toMore
- Global investment bank successfully launches online lending portal, relying on the deep knowledge of technology and consumer financial services regulatory compliance provided by our FinTech team
A major depository institution approached us for help in creating and launching its direct to consumer loan initiative, administered through an online lending platform.
- Obtained judgment for an auto finance company on claims that it conspired with a car dealership to violate the Truth in Lending Act.
The plaintiff contended that the auto finance company charged the dealership a “fee” as a condition of financing the vehicle purchase. This purported “fee” in turn was allegedly charged to the consumer through raising the price of the vehicle from its advertised price. The plaintiff contended that this “fee” was actually a hidden finance charge required toMore
- Breach of fiduciary duty
Successfully defended a federal civil litigation involving alleged breach of fiduciary duty resulting in dismissal of action with prejudice.
- State appeal breach of contract
Successfully defended a state appeal involving a civil interpleader action resulting in affirming the lower court’s grant of summary judgment dismissing counterclaims for breach of contract and negligence.
- Alleged fraudulent conveyances and wage disputes
Successfully defended a state civil litigation involving alleged fraudulent conveyances and wage dispute claims resulting in dismissal of action with prejudice.
- Represented independent financing company in contentious complex commercial litigation
Successfully defended an appeal to the Eleventh Circuit Court of Appeals of a summary final judgment entered in favor of an independent financing company for breach of a commercial equipment lease contract and guaranty. The total amount awarded to the client was in excess of $950,000 inclusive of attorneys’ fees and costs. The victory isMore
