About Eric R. Hail
Eric Hail represents banks, consumer finance companies and fintechs in litigation and regulatory compliance and enforcement matters. He has also represented numerous clients, including closely held companies, in shareholder and dissenter’s rights matters and business divorces. In a climate of increased scrutiny of the banking and consumer credit industry, Eric brings a wealth of knowledge in advising clients on federal and state law compliance matters and defending them in litigation and regulatory investigations and enforcement actions.
Intense devotion with a long-game perspective
Eric is intensely devoted to his clients' goals and objectives. He works aggressively to protect his clients' interests, whether during engagement with regulators, in the courtroom, or when guiding them on long-term compliance risk issues outside the courtroom. When a case must go to trial or to a final administrative hearing, clients trust Eric to represent them to the final decision or verdict.
Specifically, Eric defends clients involved in state and federal agency investigations and enforcement actions before the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), state consumer credit agencies and state attorneys general investigations. He also advises banks and consumer finance companies on end-to-end regulatory compliance issues, from consumer contract issues to consumer disclosures, licensing issues and Unfair, Deceptive, or Abusive Acts or Practices (UDAAP) compliance.
Eric writes and speaks frequently on the latest trends and challenges facing his clients and their industries. In law school, he was managing editor of the SMU Law Review. Before law school, Eric served as a business development volunteer for the US Peace Corps in Ukraine.
- Banking and financial services litigation
- State and federal agency investigations and enforcement actions
- CFPB, FTC, state consumer credit agencies and state attorneys general investigations
- End-to-end regulatory compliance
- Represented numerous consumer finance and fintech companies in investigations and enforcement actions brought by federal and state consumer protection agencies, including the CFPB, FTC, California DFPI, state attorneys general, and state consumer credit and consumer protection agencies. *
- Represented large Texas bank against national car dealership finance company for fraud, breach of contract and theft of collateral. After two years of litigation, the case settled favorably for approximately $8 million. *
- Lead counsel for $4 billion bank in lawsuit against a checking account software company. After obtaining a temporary injunction, and numerous depositions, the case settled favorably on the eve of trial. *
- Lead counsel for group of bank executives who sued former bank owner for failing to distribute proceeds from the multi-million dollar sale of a bank. Following a temporary injunction hearing, the case settled for $28.4 million. *
- Obtained complete dismissal of class action brought against national retailer and consumer finance company alleging violations of the Equal Credit Opportunity Act. See Dorton v. Kmart Corp. and WhyNot Leasing, LLC, 229 F. Supp. 3d 612 (E.D. Mich. 2017). *
- Successfully argued personal jurisdiction challenge to the Fourteenth Court of Appeals of the State of Texas on behalf of out-of-state clients in a case involving the alleged breach of a $19 million gas turbine services agreement. Trial court’s order dismissing claims was affirmed following oral argument by Eric. See Waller Marine, Inc. v. Magie, 463 S.W.3d 614 (Tex. App.—Houston [14th Dist.] 2015, no pet.). *
- Successfully defended well-known consumer finance company in putative class action involving alleged Telephone Consumer Protection Act violations. After submission of briefing in opposition to class certification and prevailing on discovery motions, the case settled favorably. *
- Member of trial team that defended large international bank in case brought by trust beneficiaries who alleged the bank committed fraud and breaches of fiduciary duty in connection with the lease of approximately 100,000 acres in the Eagle Ford Shale oil play. The plaintiffs sought $1 billion in damages, and the case settled favorably after a week of trial. *
- Successfully defended a large broker-dealer in a case involving alleged damages of $1.6 million on claims of broker negligence, securities fraud and breach of fiduciary duty. After a two-week arbitration, a take-nothing award was rendered. *
- Successfully prosecuted a breach of contract claim on behalf of a major financial institution. Client was awarded $1.3 million after a week-long AAA arbitration. *
- Represented global technology company in a multi-million dollar UCC lien-priority dispute. *
- Represented large broker-dealer in mandamus proceeding before the Texas Supreme Court regarding significant legal issue involving the Federal Arbitration Act. *
- Represented brokerage firms in numerous FINRA arbitration proceedings concerning handling of investment accounts. *
- Represented numerous insurance carriers and broker-dealers in interpleader and garnishment proceedings in Texas state and federal courts. *
- Successfully brought claim on behalf of a Texas bank against an insurer relating to the insurer's failure to pay claim under a multi-million dollar financial institution bond. *
September 8, 2023
July 26, 2023
July 26, 2023
June 15, 2023
June 12, 2023
June 9, 2023
May 18, 2023
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