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The firm’s Banking & Financial Services Litigation Practice Group represents banks and other financial services clients in defensive litigation, and in the enforcement of creditors’ rights.

Our defensive litigation practice includes the defense of claims involving all forms of financial fraud, including common law and Uniform Commercial Code claims arising out of check embezzlement schemes, identity theft, mortgage fraud and wire fraud.  We have substantial experience in UCC Article 3, 4 and 4A matters, as well as under New Jersey’s banking statutes, and have been involved in numerous reported decisions in this area.

We have also represented banks and consumer finance clients in the defense of consumer class actions under New Jersey state and federal consumer protection laws, including the New Jersey Consumer Fraud Act (CFA), Fair Credit Reporting Act (FCRA), and Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), as well as the federal Truth in Lending Act (TILA), Bank Secrecy Act (BSA) and Fair Debt Collection Practices Act (FDCPA).

The firm has deep experience in all aspects of representing clients in connection with the enforcement of creditors’ rights and remedies.  Our creditors’ rights attorneys bring an experienced perspective and strong transactional knowledge to the enforcement of our clients’ remedies, working pragmatically to assist in the negotiation of loan workouts and other out-of-court resolutions.  When necessary, however, we are aggressive and creative in our pursuit of remedies of foreclosure, repossession and litigation in federal, state and bankruptcy courts.

We are well-experienced with “lender liability” defenses asserted by borrowers, as well as the rare affirmative claim, and have successfully tried such cases to juries.

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