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Mr. Speer is a member of the firm’s Litigation and Dispute Resolution Practice. He concentrates on representing and counseling clients in complex litigation and commercial disputes with an emphasis on representing financial institutions.

Financial Services: Mr. Speer represents financial service companies in courts in the southeast and other parts of the country and in negotiating disputes involving troubled commercial and real estate loans. He also represents clients in the financial services sector in matters involving investigations by regulators and other federal and state agencies.

Commercial: Representation of clients in general commercial litigation and in mediating and negotiating disputes in the healthcare, transportation, manufacturing and professional service industries is also a part of Mr. Speer's practice. He has represented clients in a variety of cases including stockholder derivative actions, dissenting shareholder class actions, and breach of trust and fiduciary duty cases involving officers and directors of public and private companies.

Representative Matters:

Obtained trial and appellate court dismissal of multimillion dollar damage claim against bank for alleged breach of fiduciary duty in selling unsuitable financial product to commercial customer.
Successfully obtained dismissal, which was affirmed on appeal, of class action claims against bank for allegedly conspiring to violate federal and state price fixing statutes and other laws based on service fees charged.
Participated with federal authorities on behalf of bank client concerning investigation into the failure of United American Bank and subsequent civil and criminal proceedings relating to Tennessee banker Jacob F. Butcher including search for concealed assets and unwinding of complex business transactions involving multiple banks.
Represented national bank in multi-state joint attorney general investigation of reaffirmation process used by national bank in consumer bankruptcy cases.
Represented mortgage lenders in series of class action cases seeking damages based on loan closing fees alleged to violate RESPA, and other federal and state laws which were dismissed on motions.
Investigation by attorney generals of two states relating to practices of and fees charged by national bank in connection with reaffirmation of loans of bankrupt consumers which resulted in no enforcement action.
Counsel for bank executive officer concerning obligation of disclosure to bank audit committee.
OCC investigations and administrative proceedings represented banks and loan officers regarding lending practices and regulatory compliance.
Lead counsel in class action suit filed on behalf of shareholders to prevent merger of publicly held companies alleging breach of fiduciary duty by directors dismissed after injunction to block merger was denied.
Dismissal of RICO claims asserted by 26 customers of mortgage lender who had purchased homes in a recreational development based on alleged conspiracy between mortgage lender and developer who subsequently filed for bankruptcy before development was completed.
Represented lender in investigation by Justice Department and regulator of suspected criminal activity by loan officer.
Negotiated forbearance agreement for asset-based lender whose loan to airline freight transport company was secured by accounts receivable, contracts and equipment. Forbearance agreement included reduction of loan by majority shareholder/guarantor, pledge of additional collateral, and change of terms of financial covenants.
Verdict in favor of property management company by condominium association that sought recovery of over $1,000,000 for alleged fraud and breach of fiduciary duty for misappropriation of funds of association over a 6 year period.
Dismissal of claim by group of borrowers that bank violated anti-tying provision of National Bank Act in the making of mortgage and related loans.
Represented lender in reaching agreement with owner of nine franchised, fast food restaurants in cooperation with its franchisor to sell pledged assets of nine locations in Florida, Texas and Tennessee to new franchisees/operators. Also negotiated settlement with guarantors of their obligations to lender and claims asserted by them against lender.
Defended national bank in False Claims Act suit brought by Justice Department concerning federally insured loans.
Represented secured lender in negotiating forbearance agreement relating to outstanding loan of $7,000,000 to a regional construction contractor which was secured by contract receivables and equipment. Agreement included reduction of loan balance, assignment of legal claims not previously pledged, and federal income tax refunds due owner/guarantor.
Negotiated forbearance and settlement agreement with guarantors of $4,500,000 of debt of sports entertainment company. Obtained release from guarantors and company of claims based on interference by lender with borrower’s business operations, $1,000,000 payment on loan balance, pledge of death benefits from life insurance policy of majority shareholder and assignment of proceeds of loans owed to guarantors by related third parties.
Represented lender in default of customer's loan secured by equipment and real estate. Negotiated agreement with customer and guarantors for simultaneous foreclosure and auction of collateral.