Derek Kearl
Partner - Business Litigation Attorney | Lender Liability, Securities Disputes & Government Investigations
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Specialties & Experience
About Derek Kearl
SEASONED LITIGATOR & COUNSELOR I am an experienced litigator who represents clients in the full range of business disputes, including lender liability, securities litigation, SEC investigations, and employment litigation. I also advise clients in complying with federal and state law while marketing their products and services, including the Telephone Consumer Protection Act and the CAN-SPAM Act.In addition to my overall responsiveness, clients appreciate my candor as I present an honest and clear assessment of the case, its potential exposure, and the best way to achieve a favorable resolution. RESOLVING LENDER LIABILITY DISPUTESHaving worked with leading financial institutions for close to a decade, I have developed an effective approach that reflects each organization’s desired outcomes, internal procedures, and budgetary requirements. This approach reduces the inherent uncertainty present in any dispute, while delivering the high-quality, yet cost-effective work these organizations expect.My experience in this area includes defending banks, loan servicers, and financial institutions in lender liability disputes involving creditors’ rights, loan workouts, and foreclosures and claims arising from federal and state consumer protection statutes, including the Truth in Lending Act, the Real Estate Settlement Procedures Act, and the Electronic Funds Transfer Act. NAVIGATING GOVERNMENT AND CORPORATE INVESTIGATIONSI also counsel clients confronting SEC investigations and enforcement proceedings, including responding to subpoenas or Wells Notices. Having successfully represented one of the “Big Four” accounting firms before the SEC, I am adept at helping clients quickly and favorably navigate these critical and often complex investigations. I have also participated in internal corporate investigations on behalf companies and the FDIC, examining allegations of corporate mismanagement, self-dealing, and breach of fiduciary duties of care and loyalty.
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