- Securities Litigation and Regulatory Matters
- Consumer Financial Services Litigation
- Real Estate
- Business Litigation
- Insurance Coverage and Bad Faith Litigation
- Intellectual Property
- Mortgage Regulatory and Compliance
Securities Litigation and Regulatory MattersPalmer, Lombardi & Donohue offers experienced representation in securities litigation and securities regulatory matters. Clients include Oppenheimer & Co. Inc., UBS Financial Services Inc., J.P. Morgan Securities Inc., Wells Fargo Advisors, Deutsche Bank Securities Inc., Edward D. Jones, LP, Crowell Weedon & Co., Barclays Capital Inc., Merrill Lynch Commercial Finance Corp., and First Allied Securities, Inc. Depending on our clients’ needs, our experienced team is prepared to handle the range of strategies in these matters from taking a matter to trial to early disposition or settlement. From the start of a matter, we focus on our clients and listen carefully to them because no two cases are the same. With years of successful representation of our securities clients, we pride ourselves in developing and effectuating a cost-effective “game plan” in close collaboration with our clients. The team’s experience includes the following:
- Defense of brokerage firms, clearing firms, registered investment advisors, other financial institutions and financial industry professionals in disputes before all courts and arbitration tribunals (including FINRA, AAA, JAMS, etc.) brought by customers and securities regulators (FINRA and the SEC, etc.) involving allegations of mishandling of the customers’ brokerage account (improper sales practices, unsuitability, breach of fiduciary duty, fraud, failure to execute, unauthorized trading, churning, etc.).
- Defense of financial institution clients in product-specific matters brought by customers and securities regulators including mutual funds, equities, municipal bonds, corporate bonds, hedge funds, options, warrants, auction rate securities, preferred shares, commodities, TICs, etc.
- Prosecution of financial advisors for amounts owing to brokerage firms on promissory notes and other debts owing firms and defense of counterclaims asserted by financial advisors.
- Defense and prosecution of raiding and recruiting claims involving financial advisors departing financial institutions and allegations of misappropriation of trade secrets.
- Drafting various securities industry agreements, including broker partnership, joint production and revenue sharing agreements.
Consumer Financial Services LitigationWith decades of experience and a diverse legal team, our attorneys in the consumer financial services litigation group handle a wide variety of matters. Clients include JP Morgan Chase & Co., Wells Fargo Bank, American Express, Credit Suisse, Ally Bank, Aurora Bank, Flagstar Bank, Bank of the West, Specialized Loan Servicing, Guaranty Bank, and Northern Trust Company. We have tried cases and/or won summary judgment motions in a wide variety of consumer disputes, including credit reporting, debt collection and wrongful foreclosure actions. The team has successfully defended banks, mortgage lenders, credit card issuers and auto lenders in class action and individual lawsuits. We remain up-to-date on all of the current laws and implementing regulations involving the Fair Credit Reporting Act (FCRA), the Fair and Accurate Transactions Act (FACTA), the Fair Debt Collection Practices Act (FDCPA), the Truth-In-Lending Act (TILA), the Home Mortgage Disclosure Act (HMDA), the Equal Credit Opportunity Act (ECOA), the Telephone Consumer Protection Act (TCPA),the Real Estate Settling Procedures Act (RESPA), and the Dodd-Frank Act. Areas of expertise include the following:
- Banking disputes involving credit cards, checks and other negotiable instruments, traveler’s checks, kiting schemes and merchant disputes.
- Wrongful foreclosure defense, servicing litigation, repossession, ands receiverships.
- Short sale, forbearance agreements and escrow account disputes.
- Loan repurchase and loan fraud litigation.
- Real estate owned (REO) property disputes.
- Financial insurance issues, such as mortgage insurance, force placed insurance, hazard insurance and title insurance litigation.
Real EstatePalmer, Lombardi & Donohue team members have significant experience in real estate law and serve REITS, private equity firms, and regional and local real estate companies throughout the country. The team’s areas of expertise include purchase and sale, leasing, financing, asset management and operations. The full range of litigation matters handled by the team includes the following:
- Breach of purchase and sale agreements and of commercial leases.
- Quiet title and land disputes.
- Partnership and corporate disputes involving real estate.
- Breach of purchase options, lease options and first rights of refusal.
- Defense of multifamily real estate owners from tenant claims, including discrimination, rent control violations, wrongful eviction, and other varieties of tenant suits.
- Defense of multifamily real estate owners from toxic tort claims from tenants, including mold, asbestos and lead suits.
- Defense of ADA public accommodation lawsuits.
- Breach of exclusive use clauses and restrictive covenants in commercial leases.
- Construction litigation.
- Insurance coverage litigation involving real estate related first party and third party claims.
- Commercial landlord-tenant litigation in retail, industrial, office and multifamily real estate disputes.
- Commercial evictions and collections.
- Formation of SPE’s for acquisition and holding of real estate assets.
- Real estate purchase and sale.
- Real estate financing.
- Commercial leasing.
- Title review.
- Asset and property management advisory services.
- Insurance coverage.
EmploymentCalifornia is considered by many to be the most challenging employment environment in the country. Rules, laws and cases governing the employment relationship are in a constant state of flux. Today’s employers need highly-skilled and competent employment counsel to develop policies and procedures to prevent or reduce potential employment claims and outside counsel who can immediately deploy experienced strategies for handling an employment lawsuit when it comes in the door. Areas of expertise include claims or potential claims based upon:
- Various types of alleged discrimination (both federal and state claims).
- Wage and hour issues under the California Labor Code.
- Wrongful termination/constructive discharge.
- Breach of Contract.
- Defamation and Invasion of Privacy.
- Interference with Contract/Prospective Economic Advantage.
- Fraud and negligence.
- Violation of various “whistleblower” statutes.
- Unfair Competition.
Business LitigationThe firm’s business litigation team has experience in a broad range of legal matters. The team provides consulting and strategic planning to clients and attempts to anticipate problems and solve controversies before lawsuits arise. If litigation is the only answer, our attorneys handle lawsuits involving contract, tort, insurance and other complex business claims. Areas of expertise include:
- Partnership disputes.
- Business sales and bulk transfers.
- Environmental disputes.
- Creditors’ rights in bankruptcy cases.
- Collections, auctions and liquidations.
- Insurance audits, coverage issues and disputes.
- §17200 unfair, fraudulent and/or deceptive business practice claims.
- Corporate ownership, management and control disputes.
- Various claims for tortious interference with contract and prospective economic advantage.
Insurance Coverage and Bad Faith LitigationLegal challenges in today’s increasingly competitive insurance market require creative, business-sensible solutions. Palmer Lombardi & Donohue’s team members have earned a reputation for providing uncompromising, top quality legal advice and representation in the area of insurance coverage and bad faith litigation without losing sight of our clients’ business goals. The Firm’s team members also have demonstrated leadership skills in handling complex, multi-plaintiff and multi-defendant suits, serving as liaison counsel or steering committee members in such actions. Representative areas include:
- Property and casualty.
- Environmental, hazardous waste, toxic tort and other long-tail claims.
- Employment practices.
- Directors and officers.
- Products liability.
- Construction defect.
- Long-term care.
Intellectual PropertyThe ever-changing global marketplace requires businesses and innovators to be steadfast in their protection of intellectual property, including trade secrets and copyrights. The Palmer, Lombardi & Donohue team is well prepared to help companies and individuals monetize, cultivate and protect all types of intellectual property. Attorneys in the intellection property department can assist with the following:
- Securing and cultivating copyrights.
- Developing and protecting trademarks.
- Defining and guarding trade secrets.
- Entertainment litigation.
Mortgage Regulatory and ComplianceThe mortgage regulatory and compliance landscape for financial institutions and their vendors has gone through significant change in these tumultuous times.
Our areas of expertise include:
- Reviewing policies and procedures of mortgage servicers, their vendors, or any entity involved in default servicing, to determine whether they are in compliance with current standards.
- Writing new policies and procedures to come into compliance with regulatory requirements.
- Performing risk analyses regarding potential liability.
- Providing sophisticated representation when facing challenges from a government entity or a civil plaintiff.
- Reviewing individual mortgage files to meet look-back requirements.
- Establishing a process to avoid robo-signing and auditing individual files.
- Reviewing and implementing servicing policies and procedures.
- Establishing a short-term and long-term process for vendor review.
- Assisting vendors with responding to inquiries, establishing an internal audit protocol and coming into compliance with new requirements.
- Responding to demands for information from regulators.
- Responding to government subpoenas.
- Performing independent third-party investigations as it relates to allegations of fraud or impropriety.