Banking & Consumer Finance

For the past 15 years, JORDEN BURT's lawyers have been actively involved in both significant litigation and investment product counseling for the consumer finance, banking & credit industries. Beginning with the explosion of class action and consumer fraud litigation in the southern states, and continuing today in numerous other jurisdictions, JORDEN BURT has played a leading role in defending against the trial bar's concerted effort to focus punitive tort litigation against national financial institutions in hostile state court venues. Our Firm has defended over 300 class actions, as well as high-risk litigation in notorious punitive damage jurisdictions throughout the United States. Lawyers in this industry group have unsurpassed experience with every conceivable procedure-based legal issue, including removal, arbitration, MDL proceedings, challenges to venue, joinder of parties, jurisdiction, and of course, class certification issues. Our professionals also have extensive knowledge and briefing experience with all of the legal doctrines and areas of law of particular importance to the insurance, credit and banking industries.

JORDEN BURT's Banking & Consumer Finance Industry Group includes lawyers with national reputations and extensive experience in class action defense and complex market conduct and consumer fraud litigation, as well as RICO, ERISA, securities, intellectual property, commercial, creditors' rights, bankruptcy, constitutional, and appellate litigation. Members of this industry group are regularly retained as lead or special counsel to defend significant class actions and other high impact litigation throughout the country and to manage or coordinate inventories of high risk litigation. JORDEN BURT regularly defends major cases in many states across the country. Our lawyers direct the defense of the litigation, draft all significant pleadings and motions, argue all significant hearings and try the cases as first or second chair depending upon the dynamics of the local venue. JORDEN BURT has also developed an unparalleled network of top local trial lawyers to assist in local hearings, discovery, and trial work.

JORDEN BURT's business and regulatory attorneys have routinely represented banks, consumer finance companies, savings and loan, and other financial institutions in counseling, the auditing and overseeing of regulatory activities involving the sale of various investment products such as mutual funds and insurance products, and the state, local and federal regulations and operations of affiliated investment advisers and brokerage units. Our lawyers have also defended nationally prominent banks in major ERISA litigation often involving the banks' role as trustee and/or record keeper of employee benefit retirement plans. Similarly, we have represented banks in connection with major ERISA audits or enforcement actions by the Department of Labor and/or PBGC. We also regularly counsel our clients in this area on ERISA compliance matters. Members of this group are also known nationally for their experience and expertise in the creditors' rights and bankruptcy areas.

OUR SERVICES

The Banking & Consumer Finance Industry Group offers a broad range of services including:

• Defense of complex class action litigation in all state and federal courts

• ERISA counseling and defense of trust department functions

• Regulatory assistance; including negotiation of
  individual and multi-state consent decrees

• Arbitration (or alternative dispute resolution
  procedures)

• Appeals in all state and federal courts of appeal

• SEC and state securities laws, state insurance laws, tax and ERISA counseling on development, registration and distribution of securities and insurance products for banks, S&L's and consumer finance companies, including broker-dealer representation

• SEC and state securities laws and regulations applicable to investment advisors

• Negotiation and documentation of various agreements with affiliated and third-party entities for services

• Counseling and advising on compliance with anti-money laundering laws and regulations

• Counseling and advising on compliance with OFAC regulations and currency transaction reporting requirements

• Representation in governmental investigations and proceedings involving allegations of money laundering, healthcare or corporate fraud, and other "white collar" criminal activity

• Serving as counsel to the independent trustees of industry sponsored mutual funds

• Counseling and litigation in connection with intellectual property protection and enforcement

• Lender liability defense

• Enforcement of creditors' rights in state, federal and bankruptcy courts

• Counseling and defending creditors in connection with federal and state consumer rights statutes

CASE HIGHLIGHTS

Several significant recent representations include:

• Bemiller v. J.C. Penney Corp., et al. (M.D. Fla.) (Fourth Amended FCRA Complaint voluntarily dismissed with prejudice)

• Dobao v. Credit Protection Association I, Inc., et al. (S.D. Fla.) (in Fair Credit Reporting Act action, obtained dismissal with prejudice of all claims against client)

• Dearmas v. American Express Company, et al. (S.D. Fla.) (in Fair Credit Reporting Act action, obtained dismissal with prejudice of all claims against client)

• Gordon v. Equifax Information Services, LLC, et al. (S.D. Fla.) (in Fair Credit Reporting Act action, obtained dismissal with prejudice of all claims against client)

• Dunlap v. Friedman's, Inc., et al. (Bankr. S.D. Ga.) (decertification of a West Virginia class and ultimate dismissal of case with prejudice)

• Buell v. Direct General Insurance Agency, Inc., et al. (M.D. Fla.) (dismissal with prejudice of a Florida class action for alleged violation of unfair insurance trade practices act; appeal pending)

• Garcia v. Commodore, Inc. (Fla. Cir. Ct.) (settlement and dismissal of FACTA truncation class case)

• Adams v. Southern Farm Bureau Life Ins. Co. (11th Cir.) (enforcement of federal class action settlement judgment under All Writs Act enjoining state court actions)

• Hernandez v. GE Capital Consumer Card Co. (S.D. Fla. and Fla. Cir. Ct.) (defense and settlement of national payment posting class action with 155 million class members against General Electric credit card banks)

• London v. Wal-Mart Stores, Inc. et al. (11th Cir.) (decertification of class action involving Chase credit card insurance program)

• Richardson v. Standard Guaranty Ins. Co. (N.J. Superior Court) (dismissal pursuant to the "filed rate" and "primary jurisdiction" doctrines of state-wide class action alleging common law claims and multiple regulatory violations)

• Frelin v. Oakwood Homes Corp. et al. (Ark. Cir. Ct.) (class certification denied in action by insureds asserting point of sale licensing and fraud claims)

• Dean v. CitiFinancial Services, Inc. (defeated national class action by compelling arbitration of named plaintiff's claims; obtained arbitration award denying all of named plaintiff's claims)

• Hammett v. American Bankers Insurance Company of Florida (S.D. Fla.) (class certification denied in action by insureds asserting improper claim handling practices)

• Rosendale v. Chase Mortgage Corp. et al. (N.Y. App. Div.) (dismissal of national class action asserting statutory and common law claims relating to placement of insurance)

• Voyager Insurance Companies v. Whitson (Ala.) (decertification of state-wide class action claiming statutory violations)

• American Bankers Insurance Company of Florida v. Booth (Miss.) (barring all class actions in Mississippi state courts)

• Gras v. First Associates Capital Corp. (N.J. App. Div.) (defeating state-wide class action by compelling arbitration of named plaintiffs' claims)

• Baron v. Best Buy, Inc., et al. (11th Cir.) (defeating state-wide class action by compelling arbitration of named plaintiffs' claims)

• Woodall v. GE Financial Assurance Holdings, Inc. (Fla. Dist. Ct. App.) (dismissal of national class action challenging termination of group insurance policy)

• Jolly v. Citizens Bank of Macon (Ga. Bibb County Ct.) (defeating state-wide class action by compelling arbitration of named plaintiff's claims)

• Voyager Life Insurance Co. v. Hughes (Ala.) (reversing trial court decision that defendants had waived arbitration for all putative class members)

• Jackson v. American Bankers Insurance Company (E.D. La.) (dismissal of statewide class action)