FINANCIAL SERVICES

Massey & Gail represents financial institutions in litigation (including in trials, arbitrations, bankruptcy proceedings, mediations, and appeals) and provides industry-specific advice regarding regulatory and business issues. Frequently, major financial institutions also engage our firm to provide pre-litigation or dispute-related strategic counseling advice in areas of evolving technology and or regulatory scrutiny. Financial institutions have also turned to our firm for matters involving tax, real estate, employment, and other issues.

Our firm’s background and experience with multiple financial institutions, and our frequent work for and with the industry, give us a “leg up” as we get up to speed on particular matters and relevant issues, and we immediately understand how best to serve our financial clients. Lenny Gail served as Deputy General Counsel and Senior Vice President at Bank One (a Fortune 100 financial services company later acquired by JP Morgan Chase), where he managed a wide array of practice groups and served as the Law, Compliance, and Government Relations Department’s Chief Financial Officer.

RERESENTATIVE MATTERS

Obtaining a defense verdict at trial and successfully defending that judgment before the Ninth Circuit Court of Appeals in a case involving a certified class alleging an over-$750 million violation of California’s Unfair Competition Law.
Representing a major bank in an antitrust class action settlement regarding allegedly anti-competitive interchange fees charged by credit card networks.
Prosecuting, on behalf of a major financial institution, breach-of-contract and conversion claims in federal court, and achieving a favorable settlement on the eve of trial after winning summary judgment on defendant’s liability.
Securing dismissal of a Truth-in-Lending Act putative class action against a major financial institution seeking over $100 million in damages and then successfully defending that dismissal on appeal.
Securing dismissal on appeal of a nationwide class action against a major financial institution alleging violations of the Real Estate Settlement Procedures Act.
Defending a major financial institution in state court against breach of contract and statutory claims related to a financial fraud perpetrated by the financial officer of one of the institution’s customers.
Providing strategic counseling advice to a major financial services company regarding emerging issues related to online and mobile payment platforms.
Providing strategic advice to major financial institutions regarding contractual relationships with vendors and business partners, as well as regulatory requirements.

PRACTICE AREAS

Antitrust & Competition

Consumer & False Claims Act

Freedom of Information Act

Privacy

Bankruptcy & Creditors’ Rights

Constitutional Law

Healthcare

Regulated Industries

Complex Commercial

Financial Services

Intellectual Property

Tax

Trials & Arbitrations

We regularly try high-stakes, complex cases across the country in every type of forum—state and federal courts, administrative tribunals, arbitrations, and other dispute resolution proceedings—with great success. Our decades of experience in the courtroom, plus our deep bench of seasoned attorneys, give us uncommon litigation firepower. We are often asked to step in to try an already pending case after a client reexamines its trial team.

Appeals

We have briefed and argued appeals in the U.S. Supreme Court, every federal circuit, and innumerable state courts. We handle appeals in every conceivable scenario—where our firm conducted the trial below and where we didn’t; where we are hired to replace existing counsel and where we are asked to work cooperatively alongside them. Whatever the circumstances, we provide a valuable, fresh appellate perspective and deliver excellent results for our clients.

Policy & Regulatory Work

We regularly represent clients before federal agencies and in state administrative and regulatory proceedings. We often use those proceedings as tools to resolve our clients’ business issues as an expeditious and cost-effective alternative to litigation. We also assist clients in submitting comments to proposed rules, meeting with government officials, and challenging agency rules after adoption. In addition, we have prepared court of appeals and U.S. Supreme Court briefs on important questions of administrative law.

Strategic Counseling

We help clients understand and evaluate the costs and benefits of different options for resolving the issues they face. We understand that litigation is often the last resort rather than the first choice, and we strive to formulate out-of-the-box strategies for meeting client needs in a cost-effective and timely way. Our nimble teams of experienced attorneys identify innovative solutions where other firms cannot. We also help our in-house clients manage outside counsel in particularly large or fast-paced matters.