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 court.
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.
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 disputes involving anti-discrimination laws, contract enforcement, indemnification, breach of fiduciary duty, civil Racketeer Influenced and Corrupt Organizations (RICO), corporate governance, director’s and officer’s liability, emergency injunctions and asset-freeze orders, fair debt collection, lender-placed insurance, lender liability, multistate and transnational disputes, shareholder disputes, securities litigation, and statutory and common law torts.
We offer significant experience prosecuting and defending commercial claims involving all types of financial services products, including home equity lines of credit (HELOCs), 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 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).
Noteworthy representations include:
- 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). Wynn Resorts then asserted that Mr. Okada had breached his fiduciary duties and “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.
- 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 raises important constitutional questions about court resolution of intrareligious disputes. It also involves breach of trust and breach of fiduciary duty claims related to decades-old conduct in multiple countries. This extraordinarily complex litigation is set for trial in the Superior Court of the District of Columbia in late 2018.
- Mark Jackson, the former CEO/CFO of an oilfield services company, in a Securities and Exchange Commission (SEC) 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 conducted without charges.
- 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.
- 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 (RFC) arising from the sale and subsequent securitization of residential mortgage loans.
- A leading mortgage servicer in a lawsuit asserting breach of contract and indemnification claims in connection with the mortgage servicer's acquisition of mortgage servicing rights.
- Lender-placed insurance providers and mortgage servicers, including National General Insurance Co., BB&T, and Carrington Mortgage Services, in multiple class action lawsuits alleging that homeowners were overcharged for lender-placed insurance when their homeowners insurance lapsed, in violation of the federal civil RICO statute and various state statutes and common law. The firm has prevailed on motions to dismiss and negotiated favorable settlements in these matters.
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 rise and fall of statistical sampling in RMBS cases" by Amanda Lawrence and Michael A. Rome (Law360)
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
On February 5, the U.S. District Court for the District of Massachusetts issued an order granting a national bank’s motion to dismiss a multidistrict litigation complaint for failure to state a claim. Plaintiffs, in an attempt to recover losses from an internet phone service company’s pyramid...InfoBytes
Hank Asbill’s move to Buckley was named as one of the top 25 biggest lateral moves of 2018 by the American Lawyer. Asbill moved from Jones Day, to join Buckley’s White Collar and Complex Civil Litigation practices. Click here to read the full article .In The News
On January 29, the U.S. Court of Appeals for the 9th Circuit held that the defendant employer violated the Fair Credit Reporting Act’s (FCRA) standalone document requirement when it included extraneous state disclosure requirements within a disclosure to obtain a consumer report on the plaintiff, a...InfoBytes
1st Circuit holds homeowners who defaulted on an allegedly unlicensed mortgage loan cannot escape time bars for their claims
On August 23, the U.S. Court of Appeals for the 1st Circuit held that homeowners who defaulted on a refinance loan on their Massachusetts property could not void the transaction or enjoin their property’s foreclosure sale. The appellate court determined that the homeowners’ claims that the lender...InfoBytes
On August 22, the U.S. Court of Appeals for the 3rd Circuit reversed the dismissal of a putative class action claim alleging a debt collector violated the FDCPA when it used an “alternative business name” in a voicemail. According to the opinion, the consumers allege the debt collector violated...InfoBytes
On August 20, the U.S. Court of Appeals for the 9th Circuit held that the plaintiff bears the burden of establishing a defendant’s net worth when seeking an award of class statutory damages in an FDCPA action. The appeals court affirmed the lower court’s dismissal of the plaintiff’s class action,...InfoBytes
Florida Supreme Court: Lender may file second suit for deficiency claim provided foreclosure court has not adjudicated the claim
On July 5, the Florida Supreme Court held that Section 702.06, Florida Statutes (2014), allows a lender pursuing a deficiency claim in a foreclosure action in one court to bring a separate action against the homeowner in another court provided the foreclosure court that has reserved jurisdiction...InfoBytes
On June 25, the U.S. Supreme Court in a 5-4 vote held that a credit card company did not unreasonably restrain trade in violation of the Sherman Act by preventing merchants from steering customers to other credit cards. As previously covered by InfoBytes , in September 2016, the U.S. Court of...InfoBytes
On June 25, the Supreme Court denied without comment an international bank’s petition for writ of certiorari to challenge the $806 million in damages awarded by the Federal Housing Finance Agency (FHFA) for selling allegedly faulty mortgage-backed securities to Fannie Mae and Freddie Mac. As...InfoBytes
On June 19, the U.S. Court of Appeals for the 11th Circuit held that a plaintiff’s claims against a national restaurant chain for allegedly operating a website that was not compliant with the Americans with Disabilities Act (ADA) are not moot despite a previous settlement with a separate plaintiff...InfoBytes
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
Our Complex Civil Litigation Team
"End of the Hollywood handshake deal" by Fredrick S. Levin (Daily Journal)
"How teams can mitigate risk of ticket broker suits" by Andrew R. Louis (Sports Litigation Alert)
Recent Blog Posts
February 7, 2019
District Court dismisses MDL claims against national bank for failure to state a claim
February 1, 2019
9th Circuit holds inclusion of state disclosure requirements violate FCRA standalone requirement
August 30, 2018
1st Circuit holds homeowners who defaulted on an allegedly unlicensed mortgage loan cannot escape time bars for their claims
August 24, 2018
3rd Circuit reverses dismissal of FDCPA action over voicemail
August 24, 2018
9th Circuit holds plaintiff must establish defendant’s net worth to seek damages under FDCPA