OUR ATTORNEYS HAVE REPRESENTED officers and directors of companies such as IndyMac Bank, PFF Bank, New Century Financial, Homestore.com, Tenet Healthcare Corporation, La Jolla Bank, Vineyard Bank, MetroPacific Bank, City of Hope, A.W. Hutchison & Associates, and Miller & Schroeder Financial as both defendants and third-party witnesses in a wide variety of business litigation.
Representative Cases:
• IndyMac Bank Matters [SEC v. Abernathy (U. S. District Court, Central District of California, Case No. 11-CV-01308-JFW-SS); In re IndyMac Mortgage-Backed Securities Litigation (U. S. District Court, Southern District of New York, Case No. 09-CV-04583 LAK) (and related lawsuits)]: Fairbank & Vincent represents the former CFO of IndyMac Bank in an SEC investigation and securities class action involving the sale of mortgage-backed securities.
• In re Homestore.com, Inc. Securities Litigation [(U.S. District Court, Central District of California, Master Case No. 01-CV-11115 MJP); United States v. John Giesecke, et al. (U.S. District Court, Central District of California, Case No. 02-1028); and In the Matter of Joseph Shew, CPA (SEC Administration Proceeding No. 3-10913)]: Fairbank & Vincent represented the ex-CFO of Homestore in a federal securities class action, and related criminal and SEC proceedings involving claims of accounting and securities fraud.
• PFF Bank Matters [Maiman v. Talbott, et al. (U.S. District Court, Central District of California, Case No. SACV-09-00012 AG (ANx)); In re PFF Bancorp, Inc. ERISA Litigation (U.S. District Court, Central District of California, Case No. EDCV 08-01093-SVW (PLAx))]: Fairbank & Vincent represents the former CFO of PFF Bank in a federal securities class action and related ERISA class action involving a major Southern California bank taken over by the FDIC in November of 2008.
• Vineyard Bank Matters [Sharp v. Morales, et al. (U.S. Bankruptcy Court, Central District of California, Case No. 10-bk-21661-RN)]: Fairbank & Vincent represents the former Chairman of the Board and Interim CEO of Vineyard Bank in a Trustee lawsuit (and related government investigations) against former officers and directors of Vineyard Bank arising out of the FDIC takeover of the bank in July 2009.
• La Jolla Bank Matters: Fairbank & Vincent represents the former Chairman of the Board of La Jolla Bank in various government investigations and related litigation arising out of the FDIC takeover of the bank in February 2010.
• MetroPacific Bank Matters: Fairbank & Vincent represents the Chairman of the Board and various former Board members of MetroPacific Bank in connection with the FDIC takeover of MetroPacific Bank in June 2009.
• In re Tenet Healthcare Corp. Securities Litigation (U.S. District Court, Central District of California, Case No. CV-02-8462) (and related lawsuits)): Fairbank & Vincent represented the ex-CFO of Tenet in a federal securities class action and related SEC proceeding involving claims of securities fraud.
• New Century Liquidating Trust and Reorganized New Century Warehouse Corp. v. Cole, et al. (U.S. Bankruptcy Court, District of Delaware, Case No. 07-10416 (KJC)): Fairbank & Vincent was the independent counsel for settlement purposes for the Chief Information Officer of New Century Financial, which declared bankruptcy as a result of the financial crisis of 2007-08.
• M.A. Mortenson Co. v. City of Los Angeles, et al. (U.S. District Court, Central District of California, Case No. CV-00-2015 JSL (CWx)): Fairbank & Vincent was retained to provide individual representation for the plaintiff’s expert witness in this construction-defect litigation involving the Hyperion Waste Treatment Facility after the district court tentatively ruled to disqualify the expert based on his alleged prior relationship with the City of Los Angeles. Disqualification jeopardized over $1.5 million in expert and legal fees, as well as the underlying damage claim in excess of $20 million. The district court eventually reversed its written tentative and denied the defendant’s motion to disqualify.
• In re Heritage Bond Litigation (U.S. District Court, Central District of California, Case No. CV 01-5752 DT (RCx)): Fairbank & Vincent represented the former CEO of Miller & Schroeder Financial in a number of consolidated class actions stemming from the underwriting and sale of 12 separate tax-exempt bond offerings. Total damages sought by the class exceeded $125 million. The firm's representation of the same officer has also involved numerous NASD arbitrations and an SEC action.
• City of Hope v. The Fairfax Group (Los Angeles Superior Court, Case No. BC 194474): Fairbank & Vincent provided independent representation to three former executives from City of Hope in a lawsuit alleging claims for fraud, breach of fiduciary duty, and legal malpractice. |