Financial Services

Our Financial Services attorneys represent retail banks, commercial and investment banks, credit unions, credit card issuers and lenders, investment funds and money managers, private equity and venture funds, broker-dealers, directors and officers, insurers and reinsurers, and other corporate entities in the full gamut of legal and regulatory issues attendant to the financial services industry. We have an in-depth understanding of modern financial markets and banking, and are positioned to provide strategic litigation advice and advocacy to meet clients’ business and legal goals.

Cozen O’Connor’s financial services attorneys counsel clients on a wide spectrum of legal and regulatory matters. We routinely advise commercial, investment, and retail banks, as well as credit unions, credit card issuers and lenders, and both private equity and venture funds. Additionally, our team works with investment funds and money managers, broker-dealers, directors, officers, insurers, and reinsurers.

We are committed to provide counsel that is uniquely designed to meet our clients’ business and legal needs while remaining cost-effective. We have built a strong track record of helping clients navigate an array of financial services-related matters.

Litigation

Our financial services litigators have decades of experience and deep industry knowledge that enables them to guide our clients effectively and efficiently through each step of their case. We understand the high-stakes nature of financial services litigation, and we use a strategically tailored approach to each matter to help each client meet their ultimate goals.

We defend clients in state and federal courts in Securities and Exchange Commission (SEC) investigations, securities class actions, contested takeovers, contract disputes, RICO claims, and contested mutual fund rights offerings. Our litigators also handle matters involving retail financial products, such as disputes involving credit and debit cards, forgeries, privacy, identity theft, and embezzlement. We also advise banks and mutual funds on regulatory issues.

We frequently assist clients with issues that involve federal and state consumer protection statutes, including but not limited to:

  • California Consumers Legal Remedies Act (CLRA)
  • California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA)
  • Electronic Funds Transfer Act (EFTA)
  • Fair and Accurate Credit Transactions Act (FACTA)
  • Fair Credit Billing Act (FCBA)
  • Fair Credit Reporting Act (FCRA)
  • Federal Fair Debt Collection Practices Act (FDCPA)
  • Real Estate Settlement Procedures Act (RESPA)
  • Rees-Levering Automobile Sales Finance Act (ASFA)
  • Telephone Consumer Protection Act (TCPA)
  • Truth-in-Lending Act (TILA)

Retail Banking

Our team works with retail banks providing tailored counsel suited for their unique needs. We have a deep understanding of banking statutes and leverage our knowledge and experience to provide swift and effective counsel for our clients.

Our retail banking attorneys navigate credit and debit card disputes, Commercial Code Article 3 and Article 4 matters, and disputes involving merchants. We also help our clients with issues related to privacy, identity theft, and wrongful foreclosure, as well as § 17200 matters and complex business disputes.

Cozen O’Connor’s experienced retail banking attorneys understand the complex risks that our clients face on a daily basis. We work closely with our retail banking clients to provide comprehensive counsel in an effort to help minimize their potential risks and helping ensure compliance with relevant state and federal legislation, including but not limited to the Truth in Savings Act, the Expedited Funds Availability Act, and the Electronic Fund Transfer Act.

Enforcement

Our financial services attorneys routinely advise clients involved in actions by federal and state regulatory agencies. Cozen O’Connor’s attorneys have decades of experience guiding clients through sensitive regulatory investigations and examinations by state and federal government departments and agencies. In addition to the Department of Justice (DOJ), the SEC and Financial Industry Regulatory Authority (FINRA), Cozen O’Connor’s lawyers routinely handle matters involving the Federal Trade Commission (FTC), the Bureau of Consumer Financial Protection (BCFP), and the Commodity Futures Trading Commission (CFTC), among others. We also work seamlessly with Cozen O’Connor’s leading State Attorneys General Practice on matters involving state attorneys general investigations. When our clients face inspections or investigations from regulators, our experienced financial services team provides carefully tailored advice to effectively guide them through each stage of the matter.

We regularly defend financial institutions, their holding companies, and, often, their officers, directors, and employees. Our enforcement attorneys also defend broker-dealers, investment advisers, and securities traders. We help our clients with investigations and enforcement actions, including those involving securities trading, broker-dealer activities, investment advisers, commodities trading, and reporting duties in all of those areas.

Compliance

For financial services companies, compliance with state and federal laws and regulations is paramount. Our experienced financial services attorneys stay up to date with the ever-changing legal landscape to help our clients’ compliance with all necessary laws and avoid potential legal and financial liability. We also help our clients draft policies and design (and sometimes) perform appropriate training for their employees. We also assist clients with audits to identify potential issues that may relate to compliance with state and federal laws involving consumer protection and financial privacy laws. 

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Experience

Publications

Banking on It: The Ten Most Common Claims Involving Banks [American Bar Association]

August 06, 2024

Aaron Krauss, Brett Watson, and Josephine Bahn authored chapters of the American Bar Association’s latest book, Banking on It: The Ten Most Common Claims Involving Banks.

How Banks Should Respond To Calif. AG's Overdraft Warning [Law360]

April 11, 2024

Brett Watson and Madeline Suchard contributed an Expert Analysis to Law360, discussing California Attorney General Rob Bonta’s warning to California banks and credit unions that surprise overdraft fees and returned deposit item fees may violate state and federal unfair competition and consumer protection laws.

Ninth Circuit Confirms: Text Messages NOT “Prerecorded Voice Messages” Under TCPA [Alert]

August 11, 2023

The ruling is a substantial win for Telephone Consumer Protection Act (TCPA) defendants after plaintiff argued text messages qualify as “an artificial or prerecorded voice.”

Talk to the Machine! AKA Revoking TCPA Consent by “Talking” to a Recording [Alert]

May 10, 2023

Can a TCPA plaintiff revoke consent to be contacted by “talking” to a pre-recorded message? Probably not.

CA Court of Appeal Calls Into Question Evidentiary Value of E-Signatures [Alert]

January 24, 2023

The California Court of Appeal recently issued a troubling decision regarding the evidentiary value of electronic signatures.

Callers Beware: Court Finds Avatar Technology Is Subject To TCPA Regulation [Alert]

December 29, 2022

Brett Watson discusses recent district court decisions discussing Avatar technology as pre-recorded messages under TCPA.

Neither Confusion Nor Expense of Counsel Enough for Article III Standing [Alert]

October 06, 2022

In Yelardy v. Miller & Milone, the plaintiff asserted an FDCPA claim against a law firm in connection with a single letter received from the firm.

Federal Court Standing Decision May Spark Trend In Consumer Protection Action Filings In State Court [Alert]

September 29, 2022

The application of Spokeo principles is more commonplace across consumer protection actions, sparking a trend of plaintiffs pursuing more state court actions.

Wells Fargo Owed No Duty To Law Firm Customer To Discover Fake Check After Customer Sent Funds To Scammer Client [Alert]

July 21, 2022

U.S. District Court grants summary judgment in favor of Wells Fargo; it did not owe its customer any contractual duty to discover a fake/forged check.

When Might a Plaintiff Argue Against Their Own Article III Standing? [Alert]

June 15, 2022

The Eastern District of NY weighed in on what should happen when a defendant attempts to remove a consumer protection matter to federal court.

California Brings Licensing and Oversight to Consumer Debt Collectors [Alert]

November 02, 2020

Brett D. Watson discusses the DCLA, one of several new consumer protection bills recently enacted in California, including the state’s “mini-CFPB,” otherwise known as the California Consumer Financial Protection Law.

California Court of Appeal Holds Banks Owe Depositors No Duty to Monitor Other Depositor’s Accounts [Alert]

June 30, 2020

Brett D. Watson discusses the California Court of Appeal's decision in Kurtz-Ahlers v. Bank of America.

Expect an Uptick in Employee Embezzlement Following COVID-19 Lockdowns [Alerts]

June 25, 2020

Brett D. Watson discusses why small businesses could experience an uptick in embezzlement post-COVID-19, how to prevent it, and how banks can insulate themselves from liability.

COVID-Driven Commercial Litigation – What Businesses Can Expect

May 08, 2020

Adam Schlatner and Michael de Leeuw discuss potential COVID-19 related litigation, based on what is already happening and the legacy of other downturns.

NYS DFS Releases Emergency COVID-19 Regulation on Mortgage Forbearances and Financial Fee Waivers [Alert]

March 26, 2020

Stuart Shorenstein, Katie Schwab, Jamie Ansorge, and Evan Preminger discuss EC 202.9, requiring New York state-regulated financial institutions to provide mortgage forbearance for residential properties located in New York for 90 days and to eliminate ATM fees, overdraft fees, and credit card late payment fees.

In The News

Cozen O’Connor Attorneys Author ABA Banking On It: The Ten Most Common Claims Involving Banks

August 06, 2024

Cozen O’Connor is pleased to announce that Aaron Krauss, Brett Watson, and Josephine Bahn, members of the firm’s Commercial Litigation Department, have authored chapters of the American Bar Association’s latest book, Banking on It: The Ten Most Common Claims Involving Banks.

Banking, Regulations, and Litigation: A Perfect Match

June 18, 2024

Aaron Krauss and Brett Watson were guests on the Litigation Radio podcast to discuss the legal challenges and strategies banks need to navigate the complex regulatory environment.

Brett Watson Appointed to Inland Counties Legal Services Board of Directors

April 03, 2024

Brett Watson, chair of the firm’s Retail Banking Practice, has been appointed to the Inland Counties Legal Services (ICLS) Board of Directors.

Banks Gear Up for Battle Over Capital Rules, Swipe Fees in 2024

January 05, 2024

Brett Watson was quoted in a Bloomberg Law article discussing the 2024 banking regulatory agenda, which will likely face an uphill climb.

Thomas Casparian and Brett Watson Named ICLS Pro Bono Volunteers of the Year

August 29, 2023

Thomas Casparian and Brett Watson, members of the firm’s Commercial Litigation Department, have been named Inland Counties Legal Services (ICLS) Pro Bono Volunteers of the Year.

Law360 Names Cozen O’Connor a Pennsylvania Powerhouse

August 23, 2023

Cozen O’Connor was previously named a Pennsylvania Powerhouse in 2022, 2018, and 2014.

Cozen O’Connor Recognized as a “Best Law Firm” in 30 Practice Areas Nationwide, 115 Practice Areas Regionally

November 30, 2022

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 30 practice areas nationwide and 115 practice areas regionally.

Cozen O’Connor Recognized as a “Best Law Firm” in 29 Practice Areas Nationwide, 121 Practice Areas Regionally

November 04, 2021

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 29 practice areas nationwide and 121 practice areas regionally.

Cozen O’Connor Continues its West Coast Expansion, Adding Three Veteran Southern California Litigators to its Los Angeles Office

March 04, 2020

Thomas Lombardi, Devin Donohue and Brett Watson — from one of southern California’s leading litigation boutiques Lombardi & Donohue — have joined the firm as members.

Contacts

Michael B. de Leeuw

Vice Chair, Business Litigation

mdeleeuw@cozen.com

(212) 908-1331

John J. Sullivan

Member

jsullivan@cozen.com

(212) 453-3729

Brett D. Watson

Chair, Retail Banking Practice

bwatson@cozen.com

(213) 892-7938

People

Awards

Law360 Names Cozen O’Connor a Pennsylvania Powerhouse

August 23, 2023

Cozen O’Connor was previously named a Pennsylvania Powerhouse in 2022, 2018, and 2014.

Cozen O’Connor Recognized as a “Best Law Firm” in 30 Practice Areas Nationwide, 115 Practice Areas Regionally

November 30, 2022

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 30 practice areas nationwide and 115 practice areas regionally.

Cozen O’Connor Recognized as a “Best Law Firm” in 29 Practice Areas Nationwide, 121 Practice Areas Regionally

November 04, 2021

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 29 practice areas nationwide and 121 practice areas regionally.

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