For more than 60 years, Cox Smith litigators have represented Texas financial institutions in a wide variety of cases. At Cox Smith, you will find lawyers with an in-depth understanding of the industry, current on all the recent regulatory changes; thus, they can begin representing your legal interests from the first handshake. Cox Smith will staff your cases efficiently and use technology to manage them so as to minimize your costs.

We begin by listening closely to our clients in order to thoroughly understand their needs and objectives. Ordinarily, our strategy is to get to the courthouse quickly, rather than delaying. We prosecute cases aggressively but professionally. We are always conscious of the value we are delivering to our clients; we will ordinarily define a budget early on and work the case so as to stay within that budget. Our clients tell us Cox Smith attorneys are good about keeping them informed at every turn, which also contributes to overall value delivered.

The types of bank litigation Cox Smith frequently handles include:

Lending disputes
Cox Smith attorneys help lenders recover loaned assets, while simultaneously staying clear of all the potential pitfalls. This includes reducing the debt to judgment, defending against claims from the borrower, foreclosing on real property and other liens, recovering assets and defending against claims from other lenders. At Cox Smith, we understand the complexities of loans for businesses, commercial real estate and construction.

Governmental and Regulatory Issues
Cox Smith represents financial institutions in disputes with governmental entities such as the FDIC. Our litigators advise clients on statutory and regulatory issues such as Dodd-Frank, Fair Lending Practices, Truth in Lending, Equal Credit Opportunity, Real Estate Settlement Procedures and Electronic Funds Transfer. Cox Smith also assists financial institutions in addressing privacy concerns, document retention questions, and demands for buybacks, repurchases and insurance rescissions.

Fraud
Cox Smith litigators have won substantial judgments for lenders in cases involving fraud, including one action against the former officers and professionals of a corporation. Another notable win: A complex fraud case representing a financial institution over real estate loans. At Cox Smith, we also represent financial institutions in disputes involving overdraft protection, check kiting, fraudulent electronic funds transfers and claims against officers and directors.

Bank Operations
Cox Smith provides its clients with a rapid response to questions concerning overdraft charges; rights in accounts (multi-party, joint tenancy with right of survivorship, business accounts, trust accounts, accounts for minors); as well as probate and trust issues such as letters of administration, letters testamentary and durable powers of attorney.

Responding to Legal Process
Cox Smith assists financial institutions whenever they are served with legal process and must navigate the myriad of statutes and regulations extant. These could include:

• Subpoenas from governmental entities, parties in civil suits and parties in foreign jurisdictions
• Writs of garnishment, including state and the new federal regulations
• Injunctions and temporary restraining orders
• Questions about privacy issues
• Questions about document retention

If you are looking for effective and cost-conscious legal representation in the very specialized financial services industry, look no further than Cox Smith.