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Financial Services Litigation

In today’s dynamic regulatory climate, litigation poses not only legal but also reputational, operational, and financial risk to financial institutions. Arnold & Porter has a deep bench of litigators who routinely defend and pursue the full gamut of disputes that impact financial institutions from pre-litigation advice and investigation, through initial case assessment, dispositive motions, class certification, discovery, trial, and appeal – along with the parallel government enforcement proceedings that tend to follow. We also have extensive recent experience litigating class-action matters involving overdraft-fee practices, credit-card account disclosures, and mortgage servicing and origination practices, as well as defending financial institutions against claims for breach of securitization-trust reps and warranties. Our clients include banks, savings institutions, their holding companies, finance companies, other non-bank lenders, officers, directors, investors, trade associations, and governmental entities.

  • Sterling Bench. Our Financial Services Litigation team includes numerous savvy trial lawyers, seasoned appellate advocates, a former U.S. Attorney, several former senior attorneys at the OCC and FDIC, and several former Assistant U.S. Attorneys.

  • Full Coverage. We litigate claims related to consumer lending, mortgage securitization, regulatory enforcement, challenges to statutes and regulations, contract disputes, takings claims, tax and tax-benefit disputes, deceptive-practices claims, statutory claims, antitrust claims, securities claims, and have successfully challenged state laws on federal preemption grounds.

  • Enforcement Defense. We regularly represent major financial institutions in securities matters, including SEC investigations and enforcement actions, as well as class actions alleging securities fraud and related securities law violations.

Watch: Shifting Dynamics in Financial Services Litigation

Partner Michael Johnson explains how enforcement is shifting from federal regulators to private plaintiffs and state attorneys general.
“The Arnold & Porter team is well-versed in complicated banking issues and consistently provides great work product.” – Client, Chambers USA 2025
“They are fantastic strategists and they dig into details. The firm has a very deep team and is excellent in handling a very complex and dynamic case.” – Client, Chambers USA 2025
“The firm has a huge depth and breadth of expertise, with highly qualified and highly responsive attorneys. They provide thoughtful analysis that is legally sound and commercially reasonable.”
– Client, Chambers USA 2025

Experience Highlights

  • Visa in numerous actions, including nationwide putative class actions challenging the default interchange fees set in the Visa (and MasterCard) systems as well as other system rules.

  • AIG affiliates in a significant win in the Sixth Circuit reversing a district court's summary judgment, ruling that AIG's professional liability policies did not cover Huntington National Bank's purported Ponzi scheme losses.

  • Aegis Capital Corp., its CEO, and former employees, in multiple state and federal class actions arising out of the IPO of YayYo, Inc. The court granted final approval of a settlement that will resolve all claims against Aegis capital.

  • New York Community Bancorp in a victory in a Department of Labor, Office of Administrative Law Judges administrative proceeding involving Sarbanes-Oxley whistleblower claims that was upheld by the Administrative Review Board and Second Circuit.

  • Special Committee of the Board of Directors of Western Union as independent counsel charged with reviewing and investigating shareholder demand letters alleging breaches of directors’ and officers’ duty to oversee anti-money laundering and fraud compliance related to the cross-border transfer of fund.

  • JPMorgan Chase in successful defense and appeal of Sarbanes-Oxley whistleblower case.

  • National Union Fire Insurance Company of Pittsburgh, Pa. in securing a major victory in the Delaware Supreme Court, reversing a $118.5 million judgment against National Union and several other insurers.

  • Sunstone Credit in federal trade secret litigation in the Southern District of New York, successfully defeating a burdensome preliminary injunction and securing a favorable stipulated order.

  • New York-based financial institution in defending claims that it failed to prevent a customer’s scam that led a business owner to transfer millions to the scammer’s account, with the case addressing banks’ obligations under federal and state law to protect noncustomers from fraud.

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Recognition

  • Best Law Firms Ranked by Best Lawyers
    Bet-the-Company Litigation (San Francisco) (2020-2026)
    Litigation — Securities (National) (2011-2024)
    Litigation — Securities (Washington, D.C.) (2011-2024)
  • The Legal 500 US
    Financial Services: Litigation (2012-2025)
  • Benchmark Litigation
    Highly Recommended — Dispute Resolution (District of Columbia) (2024-2026)
    Recommended — Dispute Resolution (California) (2024-2026)
    Recommended — Dispute Resolution (New York) (2024-2026)
  • Chambers FinTech
    FinTech Legal (USA) (2019-2026)
    FinTech Legal: Payments & Lending (2026)
  • Law360