Financial Institution Litigation

Jackson Walker’s litigation team is among the largest in the Southwest, encompassing nearly half of the firm’s 400+ lawyers. Within that team, our Financial Institution Litigation group includes partners and associates in each of our offices who have represented a large number of financial institutions, including international financial institutions, national banks, super-regional banks, credit card issuers, savings and loan associations, money center banks, consumer lenders, and state chartered banks. We represent financial institutions directly, as agents for participated credits, and as participants.

Jackson Walker has represented financial institutions in actions brought on behalf of those institutions for enforcement of contractual obligations and collection of debts, and brought against the financial institution under all varieties of lender liability and other theories. Our litigators have developed wide-ranging experience in the National Bank Act, federal regulatory and consumer statutes, foreclosure issues, usury issues, injunction actions involving real estate and other bank collateral, good faith claims, offset issues, assignments of rents, lending practices, limited guaranties, bankruptcy, RICO claims, receiverships used to chill foreclosures, and other cutting-edge financial institution issues.

  • Jackson Walker lawyers were part of a multi-firm negotiating team that concluded a $500 million dollar settlement and agreed injunction between a Fortune 100 financial institution and the fifty state Attorneys General relating to alleged predatory mortgage lending practices.
  • In another special project, Jackson Walker undertook a detailed analysis of Texas foreclosure issues. This project was undertaken to avoid potential borrower or class litigation brought to overturn hundreds of foreclosures. The client was able to avoid litigation entirely.
  • Jackson Walker was the outside law firm used most frequently by the purchasers of the failed First Republic Banks and MBanks. As a result, we handled hundreds of special asset and lender liability cases and work-outs. We were told that Jackson Walker handled more collection and lender liability defense matters than any other single law firm arising out of the failure of the First Republic Bank system (over two thousand matters). Out of the numerous litigated matters from the First Republic Bank portfolio handled to conclusion, only one litigated matter resulted in an adverse judgment. The Fifth Circuit Court of Appeals later reversed in part and remanded the balance of the case to the trial court.
  • Represented senior lender in litigation filed by multiple junior lenders and holders of mezzanine debt over a $7 billion collateralized mortgage backed obligation. Senior lenders were sued in multiple jurisdictions, including Texas, during an attempted restructure of the obligations with the borrower. Junior lenders sought to enjoin the restructuring agreement.