Twohig Caplan’s partners have extensive experience representing banks and financial services firms in state and federal court and regulatory proceedings. Our attorneys have represented various national, regional and community banks, securities broker-dealers, accounting firms, and investment management firms.
We have broad experience in the enforcement and defense of claims in the following areas: financial instruments (e.g., loans, notes, guaranties, and security agreements), lender liability, vendor disputes, securities law, contract claims, fraud and misrepresentation, protection of confidential information and customer lists, fraudulent transfer, check fraud, trust agreements, custody accounts, financial institution bonds, employment law (wrongful termination, discrimination, and wage and hour claims) and regulatory proceedings.
Notable successes in banking and financial services litigation include:
Enforcing Promissory Notes and Personal Guaranties
Secured $1.5 million judgment for damages, attorneys' fees, and costs on behalf of a cooperative bank client following a weeklong jury trial in Massachusetts Superior Court. The case involved enforcement of a personal guaranty of a promissory note and a dispute over the value and disposition of collateral. Obtained dismissal of a $1.5+ million counterclaim on summary judgment prior to trial. Upheld judgment on appeal. Collected bulk of judgment through repossession of collateral and protracted court receivership imposed on guarantor.
Lender Liability Litigation
Successfully represented a regional bank in litigation with a borrower in connection with a construction loan default, securing dismissal of five of six claims asserted against the bank, and ultimately, successfully negotiated an out-of-court resolution of the remaining claim and counterclaims on behalf of the bank.
Enjoining Theft of Proprietary Information
Secured injunction prohibiting former employee of wealth managment client from using client’s customer lists and other proprietary information in his new wealth management firm.
Successfully handled customer complaints, FINRA arbitrations, regulatory investigations and administrative complaints in multiple jurisdictions for securities broker-dealer.
Board of Directors Investigations
Conducted board of directors’ investigation to assist securities broker-dealer in evaluating its liability in civil actions, criminal actions and regulatory proceedings.
Won treble damages and million dollar attorneys’ fee award at trial for IPO investors defrauded by major Wall Street brokerage firm.