Overview
We work with financial institutions to develop, use, and document the full range of treasury management products they offer to customers. Drawing on our deep knowledge of payment systems, our attorneys help financial institutions comply with system requirements. We also have experience in product design, the development of emerging payment systems and products, and the complex contracts under which these systems and products operate. Our extensive experience representing financial institutions in disputes and litigation involves the full range of payment systems and serving as skilled witnesses in payment litigation.
TREASURY MANAGEMENT PRODUCTS & Consumer Documents
We work with financial institutions to develop, use, and document the full range of treasury management products they offer to customers. We also help financial institutions negotiate and document outsourcing arrangements that are becoming increasingly common in connection with treasury management and other products.
Additionally, we help financial institutions maintain their state-of-the-art status for standard customer agreements, including:
- Treasury management services agreements
- Online and mobile bill payment
- Deposit agreements
- Remote deposit capture agreements and mobile remote deposit agreements
- ACH origination agreements
- Repurchase agreements
- Letters of credit
- Deposit account control agreements
- Mandated disclosures, policies and procedures under Regulations E, P, CC, and DD
PAYMENT SYSTEMS
Drawing on our deep knowledge of payment systems, we help financial institutions comply with system requirements and resolve inevitable disputes. We also have experience in product design, the development of emerging payment systems and products and the complex contracts under which these systems and products operate. We advise clients on the following payment systems:
- Check collection (including paper, image and other electronic channels)
- ACH transactions and related rules
- Prepaid/Stored-value cards, gift cards and other products
- Mobile banking and mobile payments
- Remittance instruments
- Wire transfers
- Credit cards and card association rules
- ATM/Debit cards and related network rules
- Health care payment products
CHECK & PAYMENTS LITIGATION
Our extensive experience representing financial institutions in disputes and litigation involves the full range of payment systems and serving as skilled witnesses in check fraud cases and other types of payment litigation. Examples include:
Check Fraud Cases
- Kiting cases
- Embezzling bookkeepers (including fictitious payee and padded payroll schemes)
- Forged and counterfeit checks
- Material alteration cases
- Interbank warranty claims
- MICR fraud
- Fraudulent cashier's check scams
Other Types of Check Cases
- Ponzi schemes run through a deposit account
- Remittance instruments
- Wrongful dishonor cases
- Midnight deadline litigation
- Funds availability litigation (including class actions)
- Overdraft practice and fee litigation (including class actions)
- Emerging litigation on remote deposit capture
- Adverse claim litigation
- Wrongful charge-back claims
- Wrongful account opening or closing litigation
Other Types of Payments Litigation
- Wire fraud
- ACH fraud
- Fee litigation (including class actions)
- Priority of claims to deposit account
- Cases involving wrongful setoff
- Cases involving garnishment of deposit accounts
- Debit card holds (including class actions)
- Privacy litigation
- Cases involving alternative payment systems, such as stored-value products
