Services Banking Litigation

When disputes arise from financial transactions and banking practices, Kean Miller leans on decades of practical experience negotiating and litigating disagreements between banks and their customers.

Kean Miller draws on extensive business and transactional expertise, practical advice, and litigation counseling to design and implement efficient solution for our clients. We represent national, regional, and local banks and financial institutions in all manner of disputes and litigation in state and federal courts in Louisiana and Texas. We regularly handle disputes involving deposits, accounts, loans, lender liability, safety-deposit boxes, allegations of breach of contract, fraud/theft, commercial loan documentation, and real estate matters. Our experience includes collateral disputes, restrictive convince, credit insurance, Truth in Lending, RICO, commercial collections, foreclosure actions, lender-liability claims, suitability claims, D&O liability, fiduciary liability, and fiduciary litigation.

Representative Experience

  • Representation of major financial institution before United States Fifth Circuit in a case affirming a district court ruling by enforcing an arbitration agreement signed by a borrower as part of a loan transaction and sale of credit insurance.
  • Representation of regional bank in collection actions related to regional health care services provider and the guarantors of the provider’s indebtedness.
  • Representation of a bank in protecting the institution’s interest in collateral in a dispute involving a restrictive covenant and in defending claims of breach of contract and breach of fiduciary duty involving a loan agreement.
  • Representation of a finance company in defending claims brought by customers who purchased credit insurance in connection with a loan transaction and in enforcing arbitration agreements.
  • Representation of a bank in addressing a claim to funds wherein multiple persons may have had interest in the money held on deposit.
  • Representation of a finance company in defending Truth in Lending, RICO, and other federal and state causes of action.
  • Representation of banks, financial institutions, and other lenders in commercial collection and foreclosure actions, including use of Louisiana’s unique “executory process” procedures.
  • Defense of national and state banks in connection with lender-liability claims involving alleged multi-million-dollar losses.
  • Defense of stockbrokers, dealers, promoters, partners, and executives with regard to security fraud claims.
  • Defense of local and national finance companies of accused of violating federal and state truth-in-lending laws.
  • Defense and prosecution of Director-and-Officer liability and other fiduciary duty-related claims.
  • Defense and prosecution of claims arising from corporate management’s alleged failure to follow its own governance documents and procedures.
  • Defense of certified public accountants and other financial professionals in fiduciary litigation.