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BANKING LITIGATION


Revolutionized by deregulation, technological advances and consolidation, the banking industry has undergone significant change during the past 20 years. Large banks have become complex organizations involved in a wide range of activities. As the large banks are drawn to the rapidly developing global marketplace, small banks have grown by focusing on individualized services to their customers in the communities where they maintain branches. The growth of internet banking and the combination of banking with other financial services involving securities and insurance pose new challenges to banks.

As banks of all sizes grow and compete aggressively for business, they encounter a host of potentially troublesome issues, ranging from the need to protect themselves and their customers from increasingly sophisticated fraud to compliance with statutes and regulations spawned in the aftermath of September 11 such as the Patriot Act. The manner in which these issues are approached, managed and resolved is critical to the success of every bank in today's environment. For almost two decades, the attorneys in the firm's banking litigation practice group have represented banks in pre-litigation and litigation matters and provide counsel and advice to those banks to help them avoid disputes. Knowledge, experience, tenacity and responsiveness are the hallmarks of this practice group.

Our attorneys have extensive experience litigating a variety of banking matters, including actions arising from or relating to negotiable instruments and check collection governed by Articles 3 and 4 of the Uniform Commercial Code (UCC), electronic funds transfers under Article 4A and related statutes and rules such as the Electronic Fund Transfer Act and National Automated Clearing House Association Rules, commercial and standby letters of credit under Article 5, UCP 500, ISP98, and their interrelationship with ISBP, documents of title under Article 7, and priority disputes under Article 9.

The banking litigation group is well recognized for its expertise with respect to discovering and recovering assets diverted as a result of various forms of fraud including check kites, loan rolling and other complex financial frauds. Our attorneys represent banks and financial institutions in connection with lender liability claims, inter-bank disputes, securities transfer and reorganization claims, creditors' rights issues, bankruptcy matters, securities arbitrations, general commercial disputes involving banks, and foreclosures of commercial and residential property.

While our attorneys always seek to resolve matters amicably, without litigation, there are times when litigation is unavoidable. The firm has substantial trial experience in state and federal courts in New Jersey, New York and other jurisdictions, and we are aggressive in asserting the rights of our clients.

Saiber attorneys practicing in this area include:





 
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One Gateway Center   13th Floor     Newark    New Jersey  07102-5311
Voice: 973.622.3333   Fax: 973.622.3349    Email: info@saiber.com