Banking Law

HLPW Banking Law Practice

HLPW believes that community banks are a vital part of local economies. Lending decisions based on face-to-face borrower relationships build hometown businesses and local economies. HLPW teams with local banks as they strive to serve their communities in this vital way. HLPW attorneys have successfully represented banks and bank officers and directors throughout Georgia in all levels of state and federal court on a variety of claims including lender liability, breach of contract, breach of duty, and suits on notes and guarantees.

HLPW has represented former officers and directors in suits brought by the FDIC. Approximately 100 of these lawsuits have been filed against former officers and directors of failed institutions since 2010. HLPW attorneys have been at the forefront of this litigation and have obtained decisions limiting the liability of officers and directors.

HLPW attorneys have also successfully defended bank officers and directors in suits brought by shareholders and have represented bank officers in investigations and proceedings involving civil money penalties.

HLPW stands ready to protect the interests of banks and their officers and directors in the complex arena of banking law.

Representative Case Work

  • Defending the officers and directors of failed banks who have been sed for negligence and gross negligence by the FDIC. Two of these suits are ongoing. Two have been successfully settled.
  • Defending bank that financed a subdivision that the developer failed to complete. The developer defaulted on the loan, and the bank foreclosed. An individual who had purchased a house and lot in the neighborhood then sued the bank for failing to enforce covenants, negligence and misrepresentation. Prevailed on summary judgment.
  • Defended the officers and directors of failed banks in lawsuits brought by former shareholders. These cases were resolved on a motion to dismiss, upheld by the Court of Appeals. Anderson v. Daniel, 314 Ga.App. 384, 724 S.E.2d 401 (2012).
  • Defended a bank sued by the Georgia Insurance Commissioner, who alleged that the bank engaged in negligent omissions in writing a letter regarding the account of an insurance company applicant. The case was resolved favorably on a motion for summary judgment.
  • Defended a bank for allegedly failing to fund a loan.  The matter was resolved on summary judgment, and then upheld on appeal. Hosch v. The Park Avenue Bank, No. A11A0767 (Ga.App. June 30, 2011).
  • Defended a bank for allegedly failing to provide benefits required by ERISA plan. Prevailed on summary judgment.
  • Experienced in representing bank officers in administrative matters brought by the FDIC.
  • Experienced in representing Banks as Plaintiffs in complex collection matters.

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