Banking Litigation

ORPA Legal represents credit institutions in litigation brought by their clients relating to distribution of financial, insurance, and banking products and liability claims against them in a range of situations, involving, for example:

  • debt collection and recovery, including execution of judgments and enforcement of security interests
  • fraudulent investment schemes (e.g., Ponzi schemes, wire transfer fraud, CEO fraud, fraudulent financial products and cryptocurrencies)
  • the duty to advise
  • the duty of vigilance in banking transactions and international fund transfers
  • structuring and transfer of personal and business assets
  • private banking and wealth management
  • insurance policies covering financial institutions (comprehensive coverage for banks)

Representative Examples of Services Recently Provided

  • Representation of both French and foreign banks in different litigation matters addressing the duty of vigilance with respect to international bank transfers and financial investments lost as a result of a third party’s fraudulent acts (cases involving several million euros)
  • Representation of a bank in connection with liability claims against it in connection with the preparation of draft annual tax returns (individual income tax, wealth tax) for a client being criminally pursued for tax fraud
  • Representation of a bank in connection with liability alleged by its client (a professional rugby player) for breach of the duty to advise with respect to rental investments financing and loan insurance
  • Representation of a bank in connection with liability alleged by the holder of a life interest in securities following attachment of the securities to satisfy liabilities of the titleholder (valuation of life interests)
  • Protection of a bank’s interests in its capacity as lender (€5 million) in connection with succession of the estate of a deceased art dealer (international succession law, private international law, assets held in various trusts)

Commercial Litigation

ORPA Legal’s areas of involvement include:

  • enforcement of warranties and indemnification agreements entered into in connection with sales of businesses
  • breach of contract, legal counselling regarding contractual obligations and performance
  • termination of business relations 

 

Subrogation and Enforcement Remedies.

The firm is also retained for subrogation recovery work and for procedures relating to the enforcement of judgments (e.g., attachments of property, executions of judgment, etc.).

Representative Examples of Services Recently Provided

  • Legal counselling and representation of a Korean manufacturer of goods in connection with a €22 million claim for breach of a distribution agreement
  • Representation of an insurance broker in connection with several unfair competition litigation matters

We also represent clients in arbitration and mediation.

The firm is regularly retained to assist clients with issues relating to contracts, from the time the contract is drafted, negotiated and signed, through performance, renewal and cancellation.

As a result of the international nature of its practice, ORPA Legal has also developed specific expertise in international law.