Financial Services Litigation
proficient in banking and financial services litigation cases with extensive experience of working with banks, insurance companies & brokers
Mr. Betts has substantial experience handling a wide range of financial services litigation, through his handling of litigation matters involving banks, insurance companies and securities broker-dealers in private practice, as well as through his tenure with PNC Bank as in-house litigation counsel.
Mr. Betts is experienced in the handling of many different forms of financial services and banking litigation including:
Check Fraud/Payment Issues. These cases involve claims arising from 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.
Consumer Protection Claims and Consumer Class Actions. Banks and other financial institutions may be named as defendants under claims arising under various consumer protection statutes, including the Pennsylvania Unfair Trade Practices and Consumer Protection Law and federal statutes such as the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the Truth in Lending Act. These claims are frequently asserted as class actions.
Fiduciary Litigation. Claims for breach of fiduciary duties are frequently asserted against banks, arising out of their 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., claims alleging that an institutional 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. These claims 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 – FINRA Arbitrations and Disciplinary Proceedings. Broker-dealers, banks, bank affiliates and insurance companies can be subject to claims for a wide range of alleged wrongdoing, including claims of securities fraud and failure to recommend suitable investments. These claims may be brought by customers of the financial institution or may be the subject of investigations, disciplinary proceedings and enforcement actions brought by the United States Securities and Exchange Commission (SEC), the Financial Institution Regulatory Authority (FINRA) and state securities commissions.