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Banking Litigation

Post & Schell represents banks and financial institutions in litigation matters unique to their industry, including:

  • Check Fraud/Payment Issues. Our attorneys analyze and handle a wide variety of claims relating to the payment of checks and negotiable instruments, the allocation of liability in check fraud situations, and claims arising out of fraudulent wire transfers. These claims are subject to provisions of Articles 3, 4 and 4A of the Uniform Commercial Code (UCC).
  • Consumer Protection Claims and Consumer Class Actions. We represent clients in claims filed against financial institutions under various consumer protection statutes, including the Pennsylvania Unfair Trade Practices and Consumer Protection Law and various federal statutes such as the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the Truth in Lending Act. 
  • Fiduciary Litigation. Our attorneys represent banks and financial institutions in claims alleging breach of fiduciary duties, arising, for example, out of a bank’s role as trustee of a trust or executor of an estate. Such claims can take many forms, including claims of partiality toward one class of beneficiaries over another, removal actions, and investment-related claims (e.g., a trustee failed to prudently invest the trust corpus).
  • Lender Liability Claims. The phrase “lender liability” encompasses a range of theories used by borrowers against lenders with respect to loan or loan commitments. We defend clients against these claims, which typically involve allegations that the lender has violated a duty of good faith and fair dealing owed to the borrower, or has assumed a degree of control over the borrower such that the lender owes fiduciary and other duties to the borrower, its creditors or its shareholders.
  • Securities Litigation and Financial Industry Regulatory Authority (FINRA) Arbitrations and Disciplinary Proceedings. We defend banks and their affiliates that provide financial advice or brokerage services against claims for securities and investment fraud, and a range of other alleged wrongdoing. Additionally, we represent the broker-dealer affiliates of financial institutions in arbitration claims administered by FINRA.