Faegre Baker Daniels' team of specialists tries complex financial disputes nationwide. Our clients are the leading participants in the financial services industry: banks, trustees, creditors, hedge funds and corporations doing business with insolvent companies. We work alongside our clients and our finance, restructuring and bankruptcy colleagues to implement a trial strategy that achieves our clients' business objectives.
Our banking litigation team enforces commercial loan remedies across jurisdictions, having defended just about every type of lender liability claim. In one example, we defeated a $39 million anti-tying claim under the Bank Holding Company Act. Our litigation experience encompasses a variety of credit facilities and ranges from commercial real estate financing to asset-based lending and equipment leasing. Our expertise also includes transactions with multiple lenders and related inter-creditor disputes.
Corporate Trust & Securitizations
We represent trustees and holders in disputes involving indentures and asset-backed securitizations. Our team prosecutes corporate bond defaults, including recovering $155 million after trial in the Delaware Court of Chancery. We are counsel to the largest securitization trustees in MBS repurchase actions, and we regularly represent indenture and corporate trustees in trust administration disputes (both before and after default).
Insolvency & Receiverships
Our lawyers represent receivers, creditors and other counter parties in the litigation that inevitably accompanies insolvencies. We recovered $42 million for the receiver of an insolvent subprime construction lender on claims of fraudulent transfer and breach of fiduciary duty. Additionally, we routinely defend companies that unknowingly did business with now-insolvent fraudsters and are then sued by liquidation trustees and creditors for fraud-related claims.
Our bankruptcy litigation professionals are national leaders in establishing creditors' rights in bankruptcy, including in the United States Supreme Court. We won the leading case endorsing application of the absolute priority rule, providing unsecured creditors with their greatest leverage in blocking unfair plans of reorganization. We have litigated all matters arising in or relating to a bankruptcy case.
Financial transactions involving Indian gaming operations raise unique issues of sovereign immunity, tribal jurisdiction and complex federal regulation. We collaborate with our nationally recognized financing colleagues to represent tribes and lenders in arbitrations and federal, state, and tribal courts across the country, where we litigate issues of first impression.