Buckley represents individual and corporate clients in nearly every category of complex civil litigation, from contract enforcement to class-action defense, in state and federal courts nationwide.
Our deep understanding of the industries we represent and the regulatory environment in which disputes arise informs our litigation strategy. Our attorneys analyze complicated issues with a business-minded perspective that helps clients set appropriate goals and meet them. We are skilled at resolving disputes before they ripen into litigation — and when litigation becomes necessary, we litigate effectively, efficiently, and creatively. The firm’s well-established record of multimillion dollar judgments and settlements attests to our success in and out of court.
We assist clients in a wide range of industries in matters involving multidistrict actions, class and mass actions, and domestic and international arbitration. We regularly handle civil disputes involving alleged consumer deception and unfair trade practices, financial services and products, whistleblower and qui tam claims, shareholder claims, corporate governance, commercial contracts, civil claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), securities claims, and anti-discrimination laws. We also handle disputes in a wide array of contexts, ranging from ordinary civil litigation to lawsuits against governmental entities, emergency appeals, and injunctions.
We have significant experience prosecuting and defending commercial claims involving all types of financial services and products, including PACE financing, residential mortgage-backed securities, deposit accounts, credit cards, payment systems, investment products, and the purchase and sale of financial assets such as loan portfolios and mortgage servicing rights. We also regularly defend clients in cases involving allegations of unfair and discriminatory lending, unlawful discrimination and retaliation, unfair competition, and unfair, deceptive, or abusive acts or practices (UDAAP).
Our complex civil litigation practice is supported by FORTÉ, Buckley’s comprehensive e‑discovery process that combines strategic input from our attorneys, state-of-the-art technology, and metrics-based document review.
Noteworthy representations include:
- Preston Moon, son of Rev. Sun Myung Moon, in major civil litigation pitting the son against his mother in a battle for control of the Unification Church and its assets. The case, which raises important constitutional questions about court resolution of intrareligious disputes, also involves breach of trust and breach of fiduciary duty claims related to decades-old conduct in multiple countries.
- Eight top mortgage servicers in a False Claims Act qui tam litigation in the Southern District of New York. The relator alleged that certain foreclosure counsel overcharged the mortgage servicers for foreclosure-related expenses, and that the servicers subsequently submitted those inflated expenses for reimbursement to Fannie Mae, Freddie Mac, the Department of Veterans Affairs, and the Department of Housing and Urban Development. The court dismissed the claims against the servicer defendants with prejudice, ending a potentially costly and protracted litigation before any discovery was taken.
- A fintech company that operates a lending platform and services loans on behalf of a bank originator as part of a bank partnership program in a civil action against them regarding federal preemption of state usury law and late-charge limitations.
- Universal Entertainment Corp. (UEC), a large Japanese gaming manufacturer, in litigation brought by Wynn Resorts Ltd. in Nevada state court. A UEC subsidiary was Wynn Resorts’ largest shareholder, but in 2012 Wynn Resorts alleged that UEC and its now-former Chairman, Kazuo Okada, had bribed foreign government officials in violation of the Foreign Corrupt Practices Act (FCPA), and then “redeemed” UEC’s stock at a substantial discount to its market value. After years of litigation — during which the parties produced millions of documents, argued scores of motions, and took dozens of depositions — Wynn Resorts agreed to pay $2.6 billion to settle UEC’s claims shortly before trial.
- The Navajo Nation in a landmark lawsuit alleging that the U.S. breached fiduciary obligations by failing to manage, invest, and account for tribal trust funds and resources under the custody and control of the U.S. in a manner that maximized financial return from those assets. The firm secured a $554 million settlement on behalf of its client — the largest settlement obtained in any action by a single Native American tribe against the U.S.
- A leading PACE financing administrator in consumer class actions related to origination, marketing, and structure of PACE financing programs in different jurisdictions.
- A cannabis delivery platform in unfair competition litigation related to state and federal cannabis regulation in the United States, and the use California’s Unfair Competition Law to enforce violations of federal criminal laws.
- Several lenders in indemnification lawsuits brought by Lehman Brothers Holdings Inc., alleging that purported defects in mortgage loans led to claims by RMBS trustees and Fannie Mae and Freddie Mac.
- Mark Jackson, the former CEO/CFO of an oilfield services company, in a Securities and Exchange Commission enforcement action regarding alleged FCPA violations in Nigeria. After more than two years of litigation in federal court, the SEC voluntarily dropped several claims, paving the way for a favorable settlement prior to trial. The settlement did not include monetary damages or any restrictions on Mr. Jackson’s future employment.
- Leanne Spencer, the former controller of Fannie Mae, in one of the largest securities fraud class action lawsuits ever litigated in the United States. Arising out of a highly publicized regulatory report alleging intentional accounting fraud, followed by the company announcing a $6 billion restatement, the plaintiffs claimed that our client and others had intentionally misstated Fannie Mae’s earnings over a multi-year period. After eight years of litigation, which included the production of millions of documents and more than 150 depositions, the court granted summary judgment based on a lack of evidence of intent to defraud, completely exonerating our client. Parallel derivative and ERISA lawsuits were also dismissed, and the DOJ and SEC investigations were also conducted and concluded without charges.
- Latvian bank AS Citadele Banka and its CEO in a matter involving allegations of RICO violations and fraud brought by real estate developers in federal district court in the Central District of California. The developers alleged that our client conspired with a U.S.-based private equity firm to wrongfully foreclose on more than 80 properties. After several rounds of briefing (on U.S. and Latvian law), the court granted a motion to dismiss without leave to amend.
- Numerous correspondent lenders in actions for breach of contract and indemnification brought by the ResCap Liquidating Trust as successor to the Residential Funding Company arising from the sale and subsequent securitization of residential mortgage loans.
The federal government’s financial response to the Covid-19 pandemic is measured in trillions of dollars, and the intensity of oversight related to that response reflects this unprecedented commitment. All involved in the government’s response, particularly financial services providers, should expect increased scrutiny of how those dollars have been and will be spent.
Buckley’s white collar, enforcement, congressional investigations, class actions, complex civil litigation, and False Claims Act & FIRREA teams are prepared to assist with government and congressional inquiries, examinations, investigations, and government and private party litigation that arise from the pandemic response. We work closely with our financial services regulatory practices to combine the firm’s core substantive experience with our deep knowledge of government investigations and litigation of all kinds.
Special Alert: Eleventh Circuit upholds terms of arbitration agreement in challenge under Dodd-Frank
On May 26, 2022, the United States Court of Appeals for the Eleventh Circuit issued a published decision holding that the Dodd-Frank Act does not prohibit the enforceability of delegation clauses contained in consumer arbitration agreements “in any way.” This opinion is of potentially broad...Special Alerts
"CARES Act puts inspectors general back in the spotlight" by Daniel R. Alonso, Preston Burton, & Meredith Leeson (New York Law Journal)
Federal Inspectors General—the nation’s watchdogs over government agencies and government programs—are back in the news. First, the Coronavirus Aid, Relief, and Economic Security Act , received close attention not only for its $2 trillion infusion of taxpayer dollars into the U.S. economy, but also...Articles
The Coronavirus Aid, Relief, and Economic Security Act, signed in March 2020, enacted an unprecedented level of emergency government spending to provide public health relief and stabilize an economy damaged by the pandemic, and included oversight provisions to monitor how the $2 trillion is spent...Articles
"GDPR-based objections to U.S. discovery requests: 2019 year in review" by Leslie L. Meredith (Legaltech News)
U.S. civil litigants faced with an obligation to produce “personal data” protected by GDPR, the European Union’s General Data Protection Regulation, can find themselves on the horns of a serious dilemma. In 2019, the first full year since GDPR was enacted, not a single court excused compliance with...Articles
"The Edge Act: Another avenue for removal" by Amanda R. Lawrence, Scott T. Sakiyama, and Nancy H. Turner (American Bar Association)
As any first-year law student could tell you, “Any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States . . . where such action is pending.”...Articles
"A practical guide to depositions in Japan: Make a plan and be flexible" by Lauren R. Randell (American Bar Association)
You need to take or defend the deposition of a witness in Japan. Perhaps the witness is a corporate custodian or a key executive of a party. For whatever reason—the witness’s inability to travel, discovery rules, or simple agreement of the parties—the deposition is taking place in Japan. Now what?...Articles
"The federal mandatory initial discovery pilot project—18 months in" by Amanda R. Lawrence and Scott T. Sakiyama (American Bar Association)
The Judicial Conference of the United States is considering drastic changes to the Federal Rules of Civil Procedure that could result in significantly accelerated time frames for the commencement of discovery. The Judicial Conference began testing these changes in a pilot program, and the...Articles
Stop us if you've heard this one before. A young actor, talented but unknown, is trying to break into the business. She is introduced to an entertainment lawyer who tells her he'll handle all of her modest legal work for "free" on the front end, and take a cut of whatever income she eventually...Articles
"Practical considerations for litigating proportionality" by Elizabeth E. McGinn, Scott T. Sakiyama, and Brian W. Bartholomay (Law360)
After years of discussion regarding how the rules of discovery might be improved, amendments to the Federal Rules of Civil Procedure became effective on Dec. 1, 2015. One of the more prominent amendments involved FRCP 26(b)(1), which was updated to allow discovery of relevant, nonprivileged...Articles
The 2008 mortgage crisis prompted a wave of residential mortgage-backed securities and repurchase litigation as trustees, certificate holders (i.e. investors), monoline insurers, securitizers and other stakeholders pursued claims related to loans securitized in RMBS trusts. One of the hallmarks of...Articles
Special Alert: California Supreme Court Invalidates Widely Used Arbitration Provisions and Curtails the Scope of Proposition 64
On April 6, the California Supreme Court published its opinion in McGill v. Citibank, N.A., finding unenforceable arbitration agreements that purport to waive claims for public injunctive relief brought under California’s Consumer Legal Remedies Act (CLRA), Civ. Civ. Code, § 1750 et seq., its...Articles
You have a case involving a witness in Japan. Maybe the witness is a corporate custodian, or a key executive of a party. For whatever reason — a witness’s inability to travel, discovery rules, or simple agreement of the parties — the witness is going to be deposed in Japan. Now what? Based on our...Articles
Special Alert: Eleventh Circuit upholds terms of arbitration agreement in challenge under Dodd-Frank
On May 26, 2022, the United States Court of Appeals for the Eleventh Circuit issued a published decision holding that the Dodd-Frank Act does not prohibit the enforceability of delegation clauses contained in consumer arbitration agreements “in any way.” This opinion is of potentially broad...InfoBytes
On October 6, the U.S. Court of Appeals for the Eighth Circuit held that Fannie Mae and Freddie Mac shareholders have standing to seek retrospective, but not prospective, relief related to their claims that they suffered damages as a result of the FHFA’s leadership structure. The shareholders...InfoBytes
On September 30, the U.S. District Court for the Northern District of Illinois granted preliminary approval of a class action settlement, resolving claims that a China-based technology company and its subsidiaries (collectively, “defendants”) violated Illinois’ Biometric Information Privacy Act (...InfoBytes
Daniel R. Alonso quoted in New York Law Journal article, “'Small steps': Attorneys welcome SDNY's easing of Covid-19 restrictions, but say return to normal remains elusive”
The New York Law Journal article, “'Small steps': Attorneys welcome SDNY's easing of Covid-19 restrictions, but say return to normal remains elusive,” shared attorneys’ responses on the easing of safety protocols as courts move towards in-person operations. Alonso noted, “I think it’s good news. I...In The News
On February 11, the U.S. Court of Appeals for the Eighth Circuit affirmed summary judgment in favor of a mortgage loan servicer, concluding that the consumer failed to establish that he was injured by the servicer’s alleged violation of RESPA. As previously covered by InfoBytes , the U.S. District...InfoBytes
On January 21, the U.S. District Court for the Eastern District of Pennsylvania granted a national cable provider’s motion to compel arbitration in a putative class action alleging the company violated the FCRA by checking consumer credit reports without a permissible purpose. According to the...InfoBytes
On January 21, the U.S. Court of Appeals for the Seventh Circuit affirmed a lower court’s ruling dismissing a plaintiff’s FDCPA lawsuit for lack of standing. According to the opinion, the plaintiff claimed a debt collector violated the FDCPA when it sent her a collection letter including the...InfoBytes
On August 10, the U.S. District Court for the Southern District of Florida granted final approval of a $7.5 million settlement, resolving a decade-long multidistrict litigation concerning overdraft fees. The settlement covers allegations that a U.S.-based affiliate of an international bank charged...InfoBytes
On August 10, the U.S. District Court for the Southern District of California agreed to reconsider a prior decision, which granted a bank’s motion to compel arbitration in connection with a lawsuit concerning the bank’s assessment of two types of fees. As previously covered by InfoBytes , the court...InfoBytes
Daniel R. Alonso quoted in Spectrum News article, “What’s next after the Supreme Court’s rulings on Trump’s tax returns?”
Daniel R. Alonso was quoted on July 9, 2020 in a Spectrum News article, “What’s next after the Supreme Court’s rulings on Trump’s tax returns?” which discussed Manhattan District Attorney Cy Vance Jr.’s right to subpoena financial records from a sitting president. Alonso noted, “It’s a very big...In The News
Benchmark recognizes Buckley Sandler litigation team; David Krakoff inducted into American College of Trial Lawyers
Benchmark Litigation has recognized Buckley Sandler as one of the nation’s top litigation law firms, awarding it a National Tier 1 ranking for its White Collar practice and deeming its District of Columbia litigation team “Highly Recommended” — Benchmark’s highest...Announcements
WASHINGTON, DC (April 23, 2018) – Buckley Sandler LLP announced today that renowned trial lawyer Henry Asbill has joined the firm as a partner in its White Collar and Complex Civil Litigation practices. Asbill has obtained outstanding results for his clients for decades. He has successfully...Press Releases
WASHINGTON, D.C. (March 8, 2018)—Buckley Sandler LLP represented Universal Entertainment Corporation and its subsidiary Aruze USA, Inc. in securing a $2.632 billion settlement that resolves a six-year lawsuit against Wynn Resorts, Limited. The settlement announced today will resolve all claims...Press Releases
Buckley Sandler successfully defended AS Citadele Banka (Citadele), a Latvian bank, and its CEO, Guntis Beļavskis, in a matter involving allegations of RICO violations and fraud. The plaintiffs – international real estate developers – alleged in federal district court in the Central District of...Announcements
Buckley Sandler is proud to announce that partner David Krakoff has been named one of Law360’s 2015 Trial Aces , an honor recognizing the career accomplishments of the top trial attorneys in the U.S. Selected from a pool of more than 200 attorneys, Mr. Krakoff was one of 50 winners for the...Press Releases
WASHINGTON, DC (November 18, 2014) – Buckley Sandler LLP is pleased to announce that Douglas F. Gansler, Attorney General of Maryland, will join the firm as Partner in its Washington, DC office upon completion of his second term as Maryland Attorney General in January 2015. Gansler, the former...Press Releases