Litigation Practice - Financial Technology Litigation
If a difficult or complex issue needs to be litigated, the team has the ability, intelligence and wisdom to guide a client through that process. – Chambers USA 2021
Bondurant Mixson & Elmore represents plaintiffs and defendants in high-stakes disputes involving financial technology. We have built a record of winning novel legal disputes in this growing area, including disputes over payment processing, cryptocurrency, and cybersecurity. We have represented an array of fintech clients, including entrepreneurs, emerging businesses, and established market leaders.
Given the financial, regulatory, and technological complexity in this area, our clients benefit from our ability to present complicated information in a manner that judges and juries can understand. Our unique combination of courtroom and industry experience is frequently called upon in cases involving contracts, fraud, RICO, securities, and intellectual property.
Case Studies
Represents clients in litigation and investigations involving digital and cryptocurrency transactions, including allegations of fraud, RICO, and the sale of unregistered securities.
Represented a leading payment processing company in the Georgia Supreme Court and below regarding alleged pre-paid card fraud, won dismissal of a misrepresentation claim that threatened to upend the payment processing ecosystem.
Represented an ATM owner/operator in litigation against its payment processor for failing to timely and properly implement security measures that enabled large scale theft from the ATMs. The case settled after we obtained a preliminary injunction against the payment processor.
Represented multiple retailers in antitrust litigation challenging costs of acceptance imposed by credit card networks.
Advised an airline regarding third party app’s tortious interference with contract relations and possible violations of computer hacking laws.
Represented a homebuilder and its mortgage services company making breach of contract and fiduciary duty claims against a large bank that withdrew technology support and services.
Represented an insurer against major payment processor in dispute over coverage for penalties paid to credit card networks.
Represented a major retailer pursuing insurance coverage for the cost of replacing payment cards in the wake of a data breach.
Represented a major retailer defending breach of contract and trade secret claims regarding customer surveys conducted on payment terminals.
Won a preliminary injunction for a payment processing client against a former sales employee who jumped to a startup, lifted customer lists, solicited his former clients, and then tried to cover his tracks. The Federal Court of Appeals affirmed the preliminary injunction.
Won a directed verdict at trial representing a consumer data reporting firm, defeating the plaintiff’s claims under the Fair Credit Reporting Act. The trial took place in the United States District Court for the Northern District of Georgia.