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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.

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.

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

  • Capital Plus Financial in a dispute related to Paycheck Protection Program loans, resulting in a dismissal of all claims for lack of jurisdiction.

  • 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.

  • Broadway Financial Corporation in securing dismissal of plaintiff's claims arising out of a merger with CFBanc Corporation.

  • Jefferies in a successful appeal to the Texas Second Court of Appeals. The appellate court found the awarded attorney's fees inadequate and required a reassessment, resulting in the largest Rule 91a attorney’s fees award issued in Texas. The case was favorably settled in a non-confidential settlement with the client receiving the full amount of the court-awarded attorney’s fees.

  • Charles Schwab in defeating class certification in a purported 10b-5 securities class action that alleged Schwab failed to properly disclose the manner in which it routed customer equity trades to UBS pursuant to an agreement entered into between Schwab and UBS.

  • 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.

  • 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.

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Recognition

  • The Legal 500 US
    Financial Services: Litigation (2025)
  • U.S. News & World Report and Best Lawyers
    “Best Law Firms” for Bet-the-Company Litigation—San Francisco (2025)
    “Best Law Firms” for Securities Litigation—Washington, D.C., National (2024)
  • Benchmark Litigation
    Recommended – Dispute Resolution — California; New York (2024)
    Highly Recommended – Dispute Resolution — District of Columbia (2024)
  • Chambers FinTech
    FinTech Legal (USA) (2025)
  • Law360