Financial Institutions

Payne & Fears LLP attorneys are experienced in defending financial institutions in a variety of disputes brought against them by individual and commercial borrowers. The complex rules that financial institutions must comply with when issuing loans or seeking foreclosure upon default provide opportunities for borrowers to make allegations of malfeasance.  Our attorneys are skilled in litigating and defeating these claims in both state and federal courts.

Our Financial Institutions Team routinely counsels clients on the following legal issues:

  • Real estate finance and construction loan disputes
  • Joint venture and partnership disputes
  • Employment and labor law disputes, including wrongful termination, discrimination, wage and hour, and class actions
  • Lender liability claims
  • Breach of fiduciary duty
  • Office and director liability
  • Violations of the Truth in Lending Act (TILA)
  • Violations of the Real Estate Settlement Procedures  Act (RESPA)
  • Wrongful foreclosure actions

Representative Current or Previous Financial Institutions Clients:

  • HGGC
  • Tri-Pacific Capital Advisors
  • Union Bank
  • US Bank
  • Zions First National Bank

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Successes

2010

Won Appeal in Medical Leave Case

The California Court of Appeal, Second Appellate District, today affirmed the grant of summary judgment in favor of P&F's client, a large national bank, on a former employee's claims under the Family and Medical Leave Act. The employee had alleged that his termination for disability-related absenteeism violated the Act.  In its summary judgment motion,  P&F established that the termination was based on other, non-protected attendance infractions. In January 2009, the Superior Court...

Daniel F. Fears