Financial Services

Financial Services
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Our Work

  • Successfully overturned judgment denying client’s motion to compel arbitration.

    Our client, an indirect automobile finance company, had moved to compel arbitration of a lawsuit filed against it. When the motion was denied, we appealed and were successful in not only getting the judgment reversed but also getting the appellate court to declare that the client’s arbitration clause was not substantively and procedurally unconscionable.

  • Successful defense of RICO claims against national bank.

    Represented a national bank in federal court against claims that it and its foreclosure counsel had engaged in racketeering activity in violation of RICO when it purportedly fabricated its standing to foreclose. After extensive discovery and multiple lawsuits, we were able to get judgment in favor of our client, finding, among other things, that it didMore

  • Successfully overturned five-plus-year-old default judgment entered against financial institution.

    After garnishment proceedings had been initiated against our client, a national trust company, we were able to stop the collection efforts and get a default judgment that was more than five years old vacated against the client so that the case could be litigated on its merits. 

  • Licensing and Compliance Counsel for the Payments Industry

    Our Licensing Team assists companies involved in the payments industry with understanding the potential application of federal and state requirements applicable to money services businesses, money transmitters, and the offering of cryptocurrency services. We provide counsel on the applicability of such state licenses and, if applicable, assist with obtaining and maintaining the licenses required forMore

  • Licensing and Compliance Counsel for Commercial Lending Industry

    Our Licensing Team assists large and small commercial loan brokers, lenders, and servicers involved in the offering of commercial loans, including commercial real estate, equipment, floor plan financing, and even unsecured commercial loans. We provide comprehensive knowledge on the licensing implications of each model and advise on how to properly structure and license such operationsMore

  • Licensing and Compliance Counsel for National Auto Finance Companies

    Our Licensing Team assists with multistate licensing, consumer finance compliance, and various loan product documentation issues relating to the business of financing motor vehicle purchases and refinancing transactions. We offer detailed on-the-ground knowledge with respect to the industry operations of captive auto finance companies, non-captive auto finance companies, and Buy Here Pay Here auto financeMore

  • Licensing and Compliance Counsel for Marketplace Lenders

    Our Licensing Team provides counsel regarding the creation and operation of numerous marketplace lenders and other startups with respect to nationwide licensing and compliance matters. We assist internal resources with the submission of licensing filings to regulators or allow the companies to outsource entirely, and handle the complex licensing issues that arise due to companyMore

  • Licensing and Compliance Counsel for National Mortgage Lender/Servicers

    Our Licensing Team provides daily licensing and compliance counsel to numerous national mortgage lender/servicers regarding nationwide licensing and compliance matters, and in a number of cases, has done so since the inception of the company’s operations. We conduct regular monitoring to ensure licenses remain in good standing and are regularly updated to reflect changes toMore

  • Deep Knowledge of Both Technology and Financial Services Prevented a Meltdown of a Client’s Internet Banking Operations

    Where we started: Our client, a national financial institution, was accused by a vendor, a market-leading online banking platform, of violating the terms of a software licensing agreement. Even as our client sought to transition to a different provider, the ensuing lawsuit in federal court threatened to put the client’s internet banking operations in jeopardy.More

  • Thorough Internal Preparation and Counsel Result in No Enforcement Action on CFPB Civil Investigative Demand

    Where we started: McGlinchey’s Consumer Financial Services Compliance team serves as outside counsel to a national sub-prime auto lender who received a civil investigative demand from the Consumer Financial Protection Bureau (CFPB) regarding collections practices. Our Strategy – plus more: Our White Collar and Government Investigations team worked closely with the Consumer Financial Services ComplianceMore

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