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Financial Services

Overview

Anderson Kill attorneys have extensive experience representing clients across a broad range of financial transactions and matters involving large financial institutions and banks.  These matters include representations in debt and equity instruments and commodities, complex commercial disputes, investigations, digital currencies and assets, private and commercial lending, security arrangements, project financing, derivatives and other alternative investments, ISDA Master Agreements and bankruptcy representations.  Our attorneys have represented both buy-side and sell-side clients, from global investment banks to mid-sized clients transacting as counterparties to large financial entities. Our financial institution clients include commercial banks, investment banks, private equity and venture capital funds, alternative investment funds, mortgage companies, and other sophisticated firms buying and selling financial products and instruments.

 

The firm regularly represents large financial institutions in the areas of D&O insurance, E&O insurance, captive insurance, commercial crime & fidelity insurance, computer and Internet 1st & 3rd party coverage, property insurance and kidnap & ransom insurance. We routinely represent large institutional policyholders in high-stakes coverage disputes.

 

Our team also represents financial institutions in business disputes involving digital assets, investment rights, M&A litigation, securities compliance and claims, commercial contracts, and other broad-based commercial matters.  Among other things, we have successfully defended banks against billions of dollars in claw-back claims pursued by the Madoff trustee, pursued claims against competing institutions for trade-secret theft, successfully served as trial counsel to a publicly traded institution involving complex securities, represented institutions in insolvency and bankruptcy-related adversary proceedings, and represented clients’ portfolio companies in all manner of commercial disputes.

 

Anderson Kill attorneys also provide advice and counsel to boards of directors and operating committees regarding corporate governance disputes and strategy. Our White Collar Defense group represents financial institutions (including officers, directors, and employees) in internal investigations and criminal and regulatory investigations and prosecutions.

Experience

Representing policyholder against Travelers for failure to honor its coverage obligations under the Financial Institution Bond it sold to Valley Bank.

Represent policyholder to recover D&O liability insurance related to underlying Delaware corporate litigation.  Crestview Advisors, L.L.C. v. St. Paul Fire and Marine Ins. Co., New York Supreme Court, Index No. 651386/20 (New York County 2020).

Represented MAXXAM and Charles Hurwitz to recover D&O insurance for the defense of FDIC claims recounted in Federal Deposit Insurance Corporation (F.D.I.C.) v. Charles E. Hurwitz, 384 F. Supp. 2d 1039 (S.D. Tex.)(“This is a cautionary tale where the emperor has new clothes — a bandit’s mask.”).

Represented policyholder to recover proceeds of insurance coverage for alleged advertising injury for copyright infringement.

Represented bank in professional liability insurance matter regarding so-called “disgorgement” defense.  U.S. Bank N.A. v. Indian Harbor Ins. Co., 68 F. Supp. 3d 1044 (D. Minn. 2014).

Represented policyholder to recover D&O liability insurance and prevent rescission action. Federal Ins. Co. v. Kozlowski, 18 A.D.3d 33, 792 N.Y.S.2d 397 (1st Dep’t 2005).

Represented policyholder in a claim under a financial institutions bond.

United Bankshares, Inc. v. St. Paul Mercury Ins. Co. (S.D.W.Va., 2010)

Events

Publications

INVESTOR, BEWARE: WAS YOUR FUND REALLY FORMED IN AN INVESTOR FRIENDLY FORUM?
  • New York Law Journal
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PANAMA PAPERS TAKEAWAY FOR FINANCIAL INSTITUTIONS: CHECK YOUR D&O AND E&O INSURANCE
  • Policyholder Advisor & Alert
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MAKE SURE YOUR EMPLOYMENT PRACTICES LIABILITY INSURANCE COVERS THE RIGHT RISKS
  • Focus (Industry News)
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SUBPRIME LENDING AND SECURITIES LITIGATION INSURANCE COVERAGE? THE CREDIT EXPOSURE QUESTIONNAIRE
  • Banking New York
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News

John M. Leonard Named Co-chair of Anderson Kill’s Financial Services Group
  • April 1, 2024
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People

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Luma S. Al-Shibib

Shareholder , New York

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Samuel M. Braverman

Shareholder , New York, Newark

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Grant E. Brown

Attorney , New York

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Carrie Maylor DiCanio

Office Managing Shareholder , Denver

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Mark Garbowski

Shareholder , New York

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Diana Shafter Gliedman

Shareholder , New York

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Joshua Gold

Shareholder , New York

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James A. Goodridge

Attorney , New York

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Pamela D. Hans

Office Managing Shareholder , Philadelphia

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Fiona R. Hogan

Attorney , New York

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Robert M. Horkovich

Firm Managing Shareholder , New York

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Madilynne Lee

Attorney , Philadelphia

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John M. Leonard

Shareholder , New York

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Michael C. Levy

Shareholder , New York

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Cort T. Malone

Shareholder , New York

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Raymond A. Mascia Jr.

Shareholder , New York

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Ethan W. Middlebrooks

Shareholder , New York

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Difie M. Osborne

Shareholder , New York

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William G. Passannante

Shareholder , New York

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Bennett Pine

Shareholder , New York, Newark

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Regan E. Samson

Attorney , New York

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Neil C. Schur

Shareholder , Philadelphia

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Mark D. Silverschotz

Of Counsel , New York

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Edward J. Stein

Shareholder , Stamford

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Jay L. Taylor

Shareholder , New York, Washington, DC

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Key Contact(s)
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Raymond A. Mascia Jr.
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John M. Leonard
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© Copyright 2024 by Anderson Kill P.C.