Financial Institutions
In the ever-changing legal and regulatory landscape affecting financial institutions, our banking attorneys bring significant experience to the representation of our clients throughout California and beyond. We represent a wide array of national banks, regional and community banks, credit unions, and insurance companies, as well as their investors and directors, in all facets of the law. Our banking attorneys serve not only as trusted outside legal advisors on specific transactions and disputes, but also in a broad role as inside and outside general counsel.
Our banking attorneys skillfully resolve complex problems for a wide variety of financial institutions including national banks, regional banks, community banks, credit unions, consumer finance companies, special servicers, leasing companies, and agricultural lending cooperatives, in diverse creditors’ rights matters, complex commercial litigation (including class actions), and bankruptcy cases. In litigation, we focus on solving problems, not on the process. We are tenacious and creative; our experience and efficiency bring value and yield success.
Our banking and financial services team have particular expertise in matters involving:
- Defense of lender liability claims;
- Defense of regulatory compliance claims;
- Prosecution and defense of claims related to loan enforcement and fraudulent business schemes;
- Prosecution and defense of fraudulent transfer claims under the Uniform Fraudulent Transfer Act;
- Enforcement of personal property liens, including Civil Code and Commercial Code, Article 9 liens;
- Analysis of security first rules and anti-deficiency statutes;
- Assistance with judicial and non-judicial foreclosures;
- Protecting collateral and securing claims through writs of possession and writs of attachment;
- Protecting collateral by obtaining receivers;
- Disputes related to negotiable instruments under Article 2 of the Commercial Code;
- Protecting cash collateral;
- Obtaining relief from bankruptcy stay;
- Opposing and promoting plans of reorganization;
- Defense of preference and fraudulent transfer avoidance actions;
- Creditors’ committee representation.
Selected Experience
- Our banking attorneys defended large California financial institution in multi-million-dollar breach of contract suit filed by software vendor after client terminated contract for non-performance; at mediation, vendor dismissed case in its entirety.
- Defended a large California credit union in defense of putative class action challenging debit card overdraft practices. Matter was favorably resolved for the client at mediation, while the client’s motion for summary judgment adjudication on putative class’ claims alleging violation of Federal banking regulations was pending.
- Successfully handled litigation on behalf of bank against former officer who misappropriated bank’s technology and trade secrets. Obtained temporary restraining order and preliminary injunction at the outset of case requiring former officer to return bank’s intellectual property.
- Defended large California financial institution in multi-million-dollar breach of contract suit filed by software vendor after client terminated contract for non-performance; at mediation, vendor dismissed case in its entirety.
- Defended large California credit union in defense of putative class action challenging debit card overdraft practices. Matter was favorably resolved for the client at mediation, while the client’s motion for summary judgment adjudication on putative class’ claims alleging violation of Federal banking regulations was pending.
- Successfully handled litigation on behalf of bank against former officer who misappropriated bank’s technology and trade secrets. Obtained temporary restraining order and preliminary injunction at the outset of case requiring former officer to return bank’s intellectual property.
- On-going representation of one of the nation’s largest credit unions in compliance, real estate and litigation matters.
Meghan M. Baker
Partner
Sacramento 916.520.5510
Jamie P. Dreher
Partner
Sacramento 916.520.5478
Matthew W. Ellis
Partner
San Francisco 415.848.4846
Sacramento 916.520.5495
Janlynn Robinson Fleener
Managing Partner
Sacramento 916.520.5227
Tyson E. Hubbard
Tyson E. Hubbard
Partner / Mentoring and Professional Success Partner
An experienced trust and estate litigator, Tyson Hubbard draws on more than a decade of litigation experience across a wide range of matters, as well as from his personal experience as a trustee of a family trust, to steer an efficient and effective path for his clients in their trust and estate disputes.
Sacramento 916.520.5216
Partner
Sacramento 916.520.5216
Announcements
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April 25, 2024Alexis G. Ortega Joins Downey Brand’s Litigation Practice
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December 12, 2017Downey Brand Names Six New Partners
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November 17, 2017Annie Amaral Named 40 Under 40 by Sacramento Business Journal
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March 10, 2017Annie Amaral Recognized as Young Leader by Comstock’s Magazine
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January 6, 2017Downey Brand Names New Partners and Counsel
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October 30, 2015Jamie Dreher to Serve as Lawyer Representative to the Ninth Circuit Judicial Conference
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January 1, 2015Downey Brand Elects Four New Partners
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Speaking Engagements / Events
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October 20, 2022Bankruptcy 101: An In-Depth Exploration of the Basics, Types and Limits of Bankruptcy
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April 15, 2020Experts Answer Critical Small Business Questions
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January 30, 2020Credit Disaster Roundtable
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July 27, 2018Cyber Risk Management
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July 27, 2018Legal Issues Impacting Financial Institutions
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June 19, 2020More Updates on the PPP, Including New Borrower-Friendly Forgiveness Applications
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June 4, 2020Senate Passes Paycheck Protection Program Flexibility Act of 2020: What Small Businesses Can Expect
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Publications
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July 2015Merchants: Are You Ready for the October 2015 Credit Card Liability Shift?
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