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Banking & Financial Institution Litigation

The banking and financial services industry is operationally complex and highly regulated. As such, banking/financial services litigators need experts who are experienced in the salient operating mechanics and metrics and also fluent in the details of key regulations—including the timing and impact of critical regulatory changes. Our professionals have unique skills that enable us to provide sound advice and informed, well-supported expert opinions. Our team draws from decades of experience working on high-stakes financial institution litigation matters in a variety of contexts.

Loan-Specific Litigation Matters

Banking litigation can result from issues related to either individual loan transactions or more complex loan securitization matters. In either instance, identifying critical case facts—often not intuitively obvious—is always very important. For example, which party bears the majority of risk in a lending arrangement often dictates the types and amount of asserted damage claims. Our experts understand that a comprehensive analysis is required to obtain a true financial picture of a specific lending transaction and resulting fallout.

Forensic Financial Analysis

Complex financial instruments used by banking entities, as well as more routine lending or investment portfolio activities, must be carefully analyzed to avoid arriving at inaccurate, unsupportable or unreasonable conclusions. Our professionals have decades of forensic experience, utilizing well-honed analytical skills to identify, trace, and efficiently compile data in a variety of banking litigation matters.

Damages Analysis

The Echelon team has extensive experience advising clients as well as law firms in the financial, economic, and data analyses aspects of damages calculations in the banking industry. This includes experience analyzing and quantifying damages due to:

  • Lost Profits
  • Tax Basis Issues
  • Convoyed Sales
  • Incremental Costs
  • Lost Profit Quantifications
  • Diminution of Value
  • Other Methods of Damage Quantification

In addition, our professionals routinely work on matters involving extensive data analytics, especially where complex databases and information systems are involved.

Failed Bank Litigation

Both during and after the “Great Recession” of the late 2000s, the banking industry underwent unprecedented turmoil. The failure of Fannie Mae and Freddie Mac, as well as hundreds of other financial institutions, resulted in substantial and ongoing litigation. The Federal Deposit Insurance Corporation (FDIC), in its role as receiver for hundreds of financial institutions, initiated scores of lawsuits against former directors and officers of failed financial institutions, as well as the former professionals (including accounting firms and appraisal firms) that served them. Our professionals have worked closely with parties to this type of litigation for more than twenty years, and we bring a unique skillset to these matters.

If you or a client is involved in matters such as assertions of unsafe and unsound banking practices or inadequate loan underwriting policies and practices, our professionals can provide informed insight and reasoned expert analysis. To discuss your situation confidentially, call Echelon at 214.965.8530 or by email at [email protected].

When you need the best resources for the most complex cases, count on
Echelon Analytics.