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Financial Services Litigation

Our team of experienced litigators regularly advises and defends banks, mortgage lenders and brokers, credit card companies, broker-dealers, consumer finance companies and other financial institutions in a variety of disputes in state and federal court, in arbitration and before governmental agencies.  The depth of our experience gives us insight into the unique issues and concerns of financial institutions.

Banking Operations

The firm defends banks in litigation with customers involving:

  • Presentment and transfer warranties;
  • Check fraud and forgery;
  • Wrongful dishonor;
  • Alteration of instruments;
  • The Electronic Fund Transfer Act;
  • Article IV of the Uniform Commercial Code;
  • Privacy, disclosure, and security issues; and
  • The Expedited Funds Availability Act and Regulation CC

In addition, the firm handles litigation between and among financial institutions in connection with claims regarding a breach of the obligations of the depository, collecting or payor bank.

Consumer Finance

We litigate claims involving the Truth in Lending Act, Real Estate Settlement Procedures Act, Equal Credit Opportunity Act, contested foreclosures, predatory lending, consumer fraud, usury violations, loan origination, loan servicing and unfair deceptive trade practices claims

Credit and Collection Practices

We defend financial institutions in individual and class action lawsuits in state and federal courts alleging violations of the Fair Credit Reporting Act, Fair and Accurate Credit Transaction Act, Fair Debt Collection Practices Act and other state and federal consumer protection statutes.

Broker-Dealer Litigation

Several of our lawyers litigate disputes involving the interests of broker-dealers and their customers including claims alleging fraud, unsuitability, failure to supervise, churning, negligence, breach of fiduciary duty, and unauthorized trading.  As a consequence, these lawyers have extensive experience arbitrating cases before FINRA.

Trust and Probate

The firm prosecutes and defends financial institutions in will contest cases; concealment of assets matters; claims for breach of fiduciary duty by executors and trustees; trustee removal actions; declaratory judgments to construe the provisions of a trust; and guardianship issues.

Special Assets

Giffen & Kaminski provides an array of services to financial institutions to maximize recovery on distressed loans.  We tailor our approach using combinations of the following strategies to address our clients’ needs:

  • Contested foreclosures, replevin and receiverships
  • Representation of creditors in bankruptcy proceedings
  • Creditor defense in preference and fraudulent transfer cases
  • Pursuing borrowers and guarantors, obtaining secured collateral up through and including all necessary litigation
  • Protection of creditors’ claims in probate proceedings
  • Negotiated resolutions of outstanding debts
  • Forbearance agreements

Our practice areas are narrowly tailored to fit the background and experience of our lawyers. Our practice areas include:

Our Office
  • Cleveland Office
    1300 East Ninth Street
    Suite 1600
    Cleveland, Ohio 44114
    Phone: 216-621-5161
    Fax: 216-621-2399