Eric R. Hail

Representative Experience

• Lead counsel for bank in a multi-million dollar lawsuit involving claims by an insider director and shareholder who alleged the bank had wrongfully sought to foreclose on collateral for the large loan and breached a loan agreement. After three weeks of trial, the court entered a take-nothing judgment against the plaintiff, denying his $2.2 million damages claim, along with all other claims.
• 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. *