Financial Institutions

Foley’s Financial Institutions attorneys have the breadth and depth of experience combined with the geographical reach necessary to serve the diverse needs of financial institutions.
From financing transactions to litigation and intellectual property, our national team of experienced attorneys is well positioned to address the wide-ranging legal needs of our bank and other financial clients.
We regularly provide counsel on commercial lending, workout, bankruptcy, bank regulatory, and other similar legal services to financial institution clients like you, and have the presence and bench strength to provide more customized regional and local “on the ground” client support when and where it is needed. We also have the resources necessary to support your financial institution as a business by providing effective representation on a full range of legal issues, including employment law, real estate, environmental, tax, data security, privacy, and white collar crime.

Our client base includes large and small banks and bank holding companies, thrift institutions, leasing companies, and asset-based lenders. We also work with hedge funds, financial services boutiques, payment networks, and bank card issuers. Drawing on our diverse experience, we advise banks and other financial institutions, lenders, governmental and other public issuers, arrangers, underwriters, trustees and trust companies, and borrowers on financing transactions — domestically and internationally, as well as across all industry sectors.

We take pride in our hands-on approach, made possible in large part by the composition of our attorneys — many of whom are banking law veterans and CPAs. Our deep industry knowledge and experience, combined with our long-standing ties and relationships within the financial services sector, has made us the go-to firm in a variety of distinct, but complementary areas.

Representative Matters

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Foley represents JPMorgan Chase Bank in connection with class action claims against the bank for aiding and abetting a securities fraud Ponzi scheme perpetrated by one of its customers. During the course of the matter plaintiffs’ counsel obtained materials protected by the Bank Secrecy Act, 31 USC 5311 et seq. After the district court ruled some but not all of the materials were protected under the Act, JPMorgan filed a petition for writ of certiorari before the First Circuit. Foley argued JPMorgan’s petition before the First Circuit in June 2014; the matter is under advisement in what will be a leading federal appeals court decision under the Bank Secrecy Act. In JPMorgan has moved to dismiss the complaint below, which motion the district court has described as “serious.” Foley argued the motion to dismiss on May 20, 2014; decision on the motion is pending. A second case, Faughn v. JPMorgan Chase Bank, N.A., was filed in W.D. Mo. in March 2014 brought by several individual investors in the Ponzi scheme. JPMorgan has moved to strike the complaint; decision is pending on that motion.This matter was handled prior to joining Foley.
Represented Bank, as Administrative Agent and Lender, in an Amended and Restated Credit Agreement, consisting of a syndicated $175 million revolving credit facility and $10 million term loan.
Lead attorney on sale of assets of division by bank equipment and services provider

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