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Appellate Practice

We have extensive federal appellate experience the federal courts of appeals and the Supreme Court of the United States (SCOTUS).  Our attorneys have argued in all thirteen federal circuit courts of appeals and have significant experience in cases before the SCOTUS.  We focus on appeals before the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit), the U.S. Court of Appeal for the Federal Circuit, the U.S. Court of Appeals for the Fourth Circuit in Richmond, and the U.S. Court of Appeals for the Sixth Circuit in Cincinnati.  All three of our attorneys began their careers as judicial law clerks, including clerkships in the SCOTUS, U.S. Court of Appeals for the Third Circuit, the Supreme Court of Ohio, and federal district in D.C.

Virginia Whitner Hoptman also represents clients before the appellate courts in Maryland and Virginia.

Financial-Institution Regulation

            Federal Regulation of Banks by FDIC, OCC & FED

Jerry Madden has a singular background as a trial and appellate attorney in litigation related to the regulation of banks and other financial companies, including suits challenging the decisions or regulations of the Federal Banking Agencies (FDIC, OCC & Federal Reserve) under the arbitrary-and-capricious standard and regulatory enforcement actions by the Federal Banking Agencies against institution-affiliated persons (officers, directors) and professionals (attorneys, accountants, and appraisers) seeking cease-and-desist orders, civil money penalties (CMPs), or the suspension and removal from participation in the financial services industry.

            Bank & Financial Company Receivership Claims

We have a deep background in litigation surrounding the resolution of the affairs of failed banks for which the Federal Deposit Insurance Corporation (FDIC) is appointed the receiver.  Jerry Madden has been counsel of record in many cases in which FDIC as receiver is a party, covering the Savings-and-Loan Crisis and the Great Recession.  He has represented the FDIC or the United States in every federal circuit court of appeals and the United States Supreme Court in cases involving failed banks.  The Firm also has expertise in the regulation of non-bank financial companies under the Dodd Frank Act.

            Consumer Financial Protection Actions

We have expertise in litigating financial consumer protections claims within the jurisdiction of the Consumer Financial Protection Bureau (CFPB), including regulations promulgated by the CFPB, and consumer statutes overseen by the CFPB, including, but not limited to, suits under the Equal Credit Opportunity Act (ECOA), Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Right to Financial Privacy Act, Electronic Funds Transfer Act, Credit and Debit Card Receipt Clarification Act, and other similar statutes.

Commercial Litigation

We have extensive trial and appellate experience in commercial litigation experience, including cases involving the breach of acquisition agreements, breach of contract, breach of fiduciary duty, professional malpractice (directors & officers, accountants, appraisers, and other professionals), negligence, fraud, misrepresentation, interference with contract rights, covenants not to compete, and more.

Suits against the Federal Government

       Injunctive Relief, Constitutional Claims, Negligence & Breach of Contract 

Our attorneys have decades of experience as trial and appellate attorneys representing clients in complex litigation in which the United States or its agencies is a party, including actions that (i) challenge the government's arbitrary and/or unconstitutional decisions under the Administrative Procedure Act (APA), (ii) allege negligence of the federal government under the Federal Tort Claims Act (FTCA), or (iii) allege breach of contract in suits brought in the U.S. Court of Federal Claims, (iv) Fifth Amendment takings claims in the U.S. Court of Federal Claims, and the Freedom of Information Act (FOIA), (vi) federal consumer protection statutes including statutes and regulations overseen by the Consumer Financial Protection Bureau (CFPB).

Other Areas of Expertise

  • Waivers of sovereign immunity
  • Federal subject matter jurisdiction (Article III and prudential standing)
  • Federal preemption of state law
  • Intervention into federal suits