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Ludwig & Robinson represents banks, financial services companies, insurers, corporations, and other parties in financial litigation, domestically and abroad.  

The firm’s banking practice focuses on matters involving the Uniform Commercial Code, check and wire fraud, electronic funds transfers, malware, financial institution bonds, loan and guarantee defaults, lender liability, money laundering, directors and officers liability, investment management disputes, mortgage lending, truth-in-lending, fair credit reporting, fair debt collection practices, RESPA, state usury laws, privacy, and consumer litigation.

Our attorneys have also represented banks, mortgage firms and other financial institutions in domestic and international litigation, including in actions against regulators, regulatory enforcement proceedings, class actions, and in defending banks and bank officers in regulatory actions. We also have extensive experience representing banks in complex litigation against the government arising from the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA), known as Winstar cases.

L&R’s attorneys include a former in-house counsel for a large regional commercial bank, and an adjunct professor at the George Washington University Law School, who teaches courses in international banking and money laundering, for which he also serves as an expert witness.

Uniform Commercial Code

The firm serves as regional, national and international counsel on behalf of financial institutions, insurers and other clients in claims between and against domestic and foreign banks under UCC Articles 3, 4, 4A, 5, 8 and 9 and other federal and state laws involving commercial paper, electronic funds transfers (EFT), including wire transfers and automated clearing house (ACH) transactions, and letters of credit. L&R has broad experience in evaluating, defending and litigating cases involving check fraud, wire transfers, EFTs and ACH transactions throughout the U.S. and abroad, in claims from $25,000 to $25 million. Representative cases where we have effectively represented our clients include:
  • Representing banks, insurers, and corporate clients in matters involving check fraud, credit and debit card fraud, wire transfers, ACH transactions, EFTs, identity theft, check kiting, fraudulent account opening, deposit account fraud, loan and mortgage fraud, bank insider fraud, embezzlement, and other bank fraud and corporate fraud schemes

  • Advising banking, insurance, and corporate clients on losses arising from malware attacks, cyber theft, bank account takeovers, and unauthorized EFTs (wire transfers and ACH), including as to litigation, liability and defenses, fraud prevention, regulatory compliance, risk management, bank contracts, and loss recovery  

  • Ivanhoe Investment Partners, LP, et al, v. PNC Bank, N.A., et al. (Md. 2014): successfully represented PNC Bank in obtaining summary judgment dismissing $5m case arising from wire and account activity related to distressed real estate investment scheme

  • Advised client in malware attack involving multiple customers of a community bank and resulting fraudulent wire and ACH transfers  

  • Obtained early dismissal of $1.5m UCC check fraud suit against PNC Bank, N.A. (D. Md. 2013)

  • National Union Fire Ins. Co. v. Kopernik Fed. Bank, FSB (D. Md. 2009): represented AIG in warranty and UCC claims against depositary for forged indorsements, settled upon filing suit

  • Nestlé USA, Inc. v. Wachovia Bank, N.A. (Pa. 2007): substituted in and refiled dismissed $6 million action against depositary for fraudulent account opening and drafts, obtaining settlement in discovery

  • Travelers Cas. & Surety Co. v. Bank of America, N.A. (E.D. Mo. 2007): represented Travelers against drawee/depositary in action arising from fraudulent account opening; obtained settlement in discovery

  • Represented client in claim against bank in Washington state over altered check, settled upon demand

  • National Union Fire Ins. Co. v. Wells Fargo Bank, N.A. (C.D. Cal. 2005): represented AIG in actions involving fraudulent account opening, corporate-payee checks, and unauthorized ACH and ATM deposits

  • Continental Cas. Co. v. CoastHills Fed. Credit Union, et al., (Cal. 2005): represented CNA against depositary/drawee, obtaining settlement upon filing suit

  • Represented client in obtaining assignment of Illinois drawee’s warranty claims, recovering without litigation upon unauthorized indorsements against multiple depositaries

  • National Union Fire Ins. Co. v. Commerce Bank, et al., (N.J. 2005): represented AIG in $1 million action against depositary/drawee, settled on eve of trial

  • Continental Cas. Co. v. Compass Bank (S.D. Ala. 2005): represented CNA in suit on 1,300 third-party checks with forged indorsements against depositary

  • Halifax Corp. v. Wachovia Bank, N.A., et al., 604 S.E. 2d 403 (Va. 2004): represented Halifax in actions to recover $15 million check fraud loss, settled with lender/drawee and Big-5 auditor, and in related suit against depositary  

  • National Union Fire Ins. Co. v. Sun Nat’l Bank, et al. (N.J. Super. 2004): represented AIG in suit against depositary and check cashing firm, obtained early settlement

  • National Union Fire Ins. Co. v. Alpine Bank (D. Colo. 2003): represented AIG in suit against depositary over fictitious account, obtained settlement      

  • National Union Fire Ins. Co. v. SAC Fed. Credit Union, et al. (D. Neb. 2003): represented AIG in suit against depositary/drawee on altered checks, obtained early settlement

  • American Mfgrs. Mut. Ins. Co. v. Wachovia (Md. 2002): represented Kemper in suit against drawee on counterfeit paychecks, obtained early settlement

  • National Union Fire Ins. Co. v. Provident Bank, et al. (S.D. Ohio 2002): obtained settlement for AIG in suit against depositaries

  • Lumbermens Mutual Casualty Co. v. Chase Manhattan Bank, et al. (S.D.N.Y. 2001): represented Kemper in suit against drawee and auditor, obtaining settlement

  • Continental Casualty Co. v. Union Bank of California (Cal. 2001): represented CNA against drawee, obtained early settlement

  • Rheem Mfg Co. v. Simmons First Nat’l Bank of Pine Bluff (Ark. 2001): obtained early settlement for Travelers against depositary  

  • Federal Ins. Co., et al. v. Bank of America, et al. (Md. 2001): represented Chubb in suit against depositary and auditors, obtained settlement  

  • Fidelity & Cas. Co. of N.Y. v. NationsBank of Texas, et al. (Tex. 1999): represented CNA in suit against depositary and drawee, obtained favorable settlement at mediation

  • St. Johnsbury Trucking Co. v. Hartford Cas. Ins. Co. (S.D.N.Y. 1998): defended Hartford in establishing rights to proceeds of letter of credit as outside bankruptcy estate

  • Kaiser Found. Health Plan v. Crestar (Md. 1998): suit against depositary upon large fraud check, promptly settled

  • Hartford Fire Ins. Co. v. Maryland Nat’l Bank, 671 A.2d 22 (Md. 1996): represented Hartford in landmark Maryland decision under the UCC recognizing drawer action against depositary

  • Airlines Reporting Corp. v. MetroBank, N.A. (Va. 1996): represented Airlines Reporting Corp. in enforcing letter of credit, establishing unusual long-arm jurisdiction over Texas issuer

Lender Liability

  • Northern Trust Bank, FSB v. Wells Fargo Bank, N.A. (E.D. Va. 2011): represented Northern Trust in suit to recover $16 million loan loss  

  • Halifax Corp. v. Wachovia, et al. (Va. 2004): represented Halifax in lender liability claim against lender/drawee upon corporate credit line, settled pre-litigation in case involving $15 million fraud  

  • Robinson, et al. v. Loans 4 Military, et al. (D.D.C. 2004): represented servicemen in predatory lending class action for violation of Truth in Lending Act and other laws  

  • Chaudhry et al. v. NationsBank, et al., (Md. 1996): represented private banking customer in lender liability suit

Regulatory and Compliance

The firm counsels financial institutions and other financial services firms on anti-money laundering, deposit agreements, electronic funds transfers and Internet issues, lending and deposit activities, privacy, compliance and regulatory examinations, regulatory enforcement proceedings, and in litigation with the government.  L&R’s practice has included:
  • Counseling clients on terms and conditions in deposit agreements, funds transfer agreements, online banking agreements, and other banking contracts

  • Representing a large specialized lender in connection with federal and state oversight relating to lending practices and its relationships with insured financial institutions   

  • Advising clients on regulatory compliance and fraud prevention applicable to online banking   

  • Assisting clients on operational policies and procedures governing check and wire fraud prevention and risk management

  • Counseling clients on regulatory compliance matters involving account opening, Bank Secrecy Act, money laundering, and Know Your Customer issues

  • Served as expert witness in defense of federal prosecution for international money-laundering

  • Representing community bank in regulatory enforcement proceedings relating to loan-to-one-borrower limits and other lending regulations

  • Citizens Financial Services, FSB v. United States, 59 Fed. Cl. 27 (2003): represented bank in Winstar-related breach-of-contract suit against government upon FIRREA’s disallowance of $30 million of regulatory capital