Banking Litigation

Over the past four decades, Fitch has represented some of the nation’s largest banks, as well as several regional financial institutions, in hundreds of bank operations claims, check fraud lawsuits, wire transfer disputes, and other cases. The firm has extensive experience representing banks in litigation involving claims made against them and claims for recoveries arising out of alleged bank operations failures.

We have specific expertise in the following areas: letters of credit; bank operations and collections; commercial paper and check fraud; remote deposit capture issues; wire transfer and ACH fraud; disputed security interests; insurance bond claims; safe deposit litigation; legal process issues, including subpoena compliance, trustee process, attachments, search warrants and restraining orders; Truth in Lending Act claims; and representation of bank officer — and employee — witnesses at nonparty depositions.

Fitch has represented numerous financial institutions in operations and counseling matters. Our services include negotiating and drafting software purchase agreements, service provider agreements and customer agreements for financial institutions.

Practice Areas

Attorneys Practicing in this Area

Stephen C. Reilly
Managing Partner

Ryan M. Cunningham
Partner

Nathalie K. Salomon
Partner

Malgorzata Mrozek
Associate

Banking Litigation Case Results

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Misrepresentation

We obtained a defense verdict for a large national bank in a federal court jury trial in which plaintiff asserted claims of misrepresentation and sought over one million dollars in damages.

Check Fraud

We successfully represented the defendant bank in both the trial and appellate courts in a complex check fraud saga. In this case, the Massachusetts Appeals Court affirmed the trial court’s entry of summary judgment in favor of the bank. This case marked the first instance in which an appellate court in Massachusetts had ruled on the “same wrongdoer” rule set forth in Uniform Commercial Code (“UCC”) § 4-406(d)(2) — a key defense to many check fraud claims.

Alleged Payment Fraud

We have won summary judgment in favor of bank clients in cases involved allegedly stolen checks, and allegedly unauthorized ATM and teller window withdrawals.

Public Accommodation Discrimination

We have successfully defended banks in “public accommodation” discrimination claims.

Federal Truth in Lending Act

We successfully defended a lender in a suit brought by borrowers who sought rescission of a mortgage loan transaction pursuant to the Federal Truth in Lending Act.

Operations Agreements

We worked extensively with a Massachusetts bank to review, revise, and strengthen its Positive Pay service agreement.

We have worked with another local bank to revise its Remote Deposit Capture services agreement as well as its ACH services agreement; we also negotiated and documented leases for the installation of ATM machines in 50 convenience store locations.

We have advised another Boston-based financial institution in connection with a number of its outside vendor agreements, including contracts covering item processing and disaster recovery computer services.