Driscoll & Feder, LLP

Litigation Practice

Cases We Handle:

Bank Litigation

In the vast majority of cases we have served as outside counsel for banks, investment companies and other financial institutions. Our attorneys also have experience representing customers and representing federal regulatory agencies. The cases our attorneys have handled include:

  • representing federal regulators in pursuing claims to recover losses from directors and officers of federally-insured financial institutions (one of our attorneys was invited to testify on this topic before the United States House of Representatives)
  • negligent foreclosure
  • unfair competition
  • predatory lending
  • invasion of financial privacy
  • financial elder abuse
  • loan-fraud and other loan-related litigation
  • breach of fiduciary duties by bank insiders
  • defending bank where loan officer commits fraud and forgery as part of scheme with outsiders to induce bank to make loans based on fraudulent loan applications and fake tax returns
  • defending bank from claims by former bank executive for bonus/incentive compensation
  • letter of credit disputes (standby and commercial letters, including international letter of credit disputes in federal court)
  • cases arising from retail banking operations (pertaining to checks or deposit accounts)
  • landlord-tenant (representing bank in disputes with landlords of branch sites)
  • REO-related litigation
  • real estate development litigation (defending banks as successor owners of real estate projects)
  • terrorist threat and executive security, and branch security (serving as bank-appointed private counsel to high-level executive facing terrorist threats; advising bank on legal aspects of branch bomb threats, advising bank in aftermath of guards shooting bank robber; injunctions protecting bank branch personnel from threats)

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Business Litigation

  • Breach of Contract
    • sale of goods (cosmetics, engine parts, automobiles, fine art, manufactured steel, X-Ray machines, and numerous other goods)
    • sale of business (sale of assets, sale of stock, etc.)
    • distribution agreements
    • input-output (requirement) contracts
    • consulting agreements
    • employment agreements (business executives, insurance brokers, doctors, sales reps, software designers, and related enforcement of golden parachute clauses and writs of attachment)
    • stock-option agreements
    • dealership agreements
    • many others (over 100 various breach of contract cases)
  • fraud and misrepresentation cases
  • breach of fiduciary duty
  • unfair competition (common law and B&P § 17200)
  • trade libel (defamation of a business or its owner or executives)
  • franchise litigation
  • provisional remedies (attachments, injunctions, receiverships, etc.)
  • antitrust (federal & state)
  • civil RICO
  • trade secret and related theft of ideas
  • collection of large judgments and related fraudulent conveyance cases

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Corporate Shareholder, Partnership and LLC Litigation

  • shareholder litigation (direct and derivative claims)
  • corporate dissolution
  • enforcement of shareholder or director inspection of records rights
  • disputes among shareholders
  • actions by minority shareholders against majority shareholders or board of directors for alleged mismanagement, excessive insider compensation, failure to pay dividends and distributions, payment of illegal dividends and distributions, usurpation of corporate opportunity, improper loans and loan guarantees to insiders, disputes over sales price for stock, etc.
  • shareholder (“buy-sell”) agreement disputes (and contract interpretation and counseling for survivors of deceased shareholders)
  • partnership dissolution and accounting
  • partner vs. partnership disputes
  • partner vs. partner disputes
  • partnership vs. creditors and others
  • partnership “buy-sell” agreement disputes (and contract interpretation and counseling for survivors of deceased partner)
  • cases by limited partners against general partner for mismanagement, excessive compensation, improper expense payments reducing funds available to limited partners for profit distributions
  • limited liability company litigation (similar to above)

Real Estate Litigation

  • disputes involving sales, title or financing
  • disputes involving allegations of fraud, misrepresentation, and actionable non-disclosure in the sale or leasing of real estate
  • landlord-tenant litigation (commercial, office and retail; numerous types of cases including unpaid rent, audits and calculation of CAM charges, duty to make and pay for repairs, mechanics liens, parking, and many others)
  • real estate broker or agent liability (representing either principals or agents)
  • option, first refusal and preemptive rights litigation
  • CC&R cases
  • quiet title, adverse possession, easement and equitable servitude cases
  • trespass and nuisance (private & public)
  • inverse condemnation and related theories of public entity liability

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Real Estate Development Litigation

  • civil rights lawsuits against cities for denial of permits and other entitlements based on city’s violation of developer’s constitutional rights to due process or equal protection
  • administrative writs of mandamus
  • ENA – DDA litigation
  • developer and contractor representation in numerous unfair competition and business tort cases; and in construction defect cases)

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Legal Malpractice

defending law firms ranging in size from approximately five to fifty lawyers (typically complex underlying facts within our practice areas, such as where the underlying cases involve a sophisticated business or real estate deal)

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Child Molestation-Sexual Abuse

we earned our reputation in this field accepting a case brought by a special education student against one of the nation’s largest school districts that other lawyers had turned down--we obtained one of the highest settlements paid for that type of case and accolades from the court on the investigation and discovery conducted by our attorneys

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Disability Insurance

representing doctors, lawyers, executives and other disabled high-income earners (sometimes have their disability insurance benefits abruptly terminated when their insurance company hires a so-called independent doctor or otherwise claims they are no longer disabled)

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Elder Abuse

financial elder abuse (elders with savings and real estate are often targeted by unscrupulous caregivers, advisors, telemarketers and others for a variety of scams--we have experience going back years in financial elder abuse litigation)

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Employment Law

  • wrongful termination
  • discrimination based on whistle-blowing (reporting company’s illegal practices), injury or illness, pregnancy, gender, sexual orientation, race, ethnicity, etc.

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