Albert J.Rota (Al)

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Dallas + 1.214.969.3698

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A Law360 "Rising Star," Al Rota represents financial institutions and major corporations in complex structured products, securities, and commercial litigation and related government enforcement actions. He has represented clients in mortgage-backed securities-related litigation, securities and consumer finance class actions, SEC and DOJ investigations, and bank regulatory examinations, investigations, and enforcement actions. Al is a member of Jones Day's global, cross-disciplinary LIBOR transition team focused on advising financial institutions and corporate issuers as they evaluate the legal and regulatory risks arising from the expected transition to alternative reference rates.

Al's recent representations include defending financial institutions against cutting-edge claims challenging industry practices and established financial products. For example, he has defended financial institutions in: class actions and numerous other significant cases brought against a RMBS (residential mortgage-backed securities) trustee; checking account overdraft class actions; examinations concerning allegedly unfair and deceptive mortgage servicing and checking account practices; examinations and investigations pertaining to mortgage loan servicing practices and foreclosures; and various OCC (Office of the Comptroller of the Currency), FDIC (Federal Deposit Insurance Corporation), CFPB (Consumer Financial Protection Bureau), and attorney general investigations. Al counsels investment advisors regarding risks and legal developments relating to investments in products and companies involved in consumer financial services. In addition, he served as an Assistant District Attorney in Dallas County, where he tried more than 20 cases to jury verdict.

Al is a member of the Dallas Regional Chamber's Leadership Dallas Class of 2017 and serves on the board of the St. Anthony School in Dallas. He regularly writes and speaks on issues related to consumer financial products and securitizations.

Experiencia

  • U.S. Bank prevails on summary judgment in case alleging hundreds of millions of dollars in losses relating to residential mortgage-backed securitiesJones Day secured summary judgment on behalf of U.S. Bank National Association in a lawsuit seeking hundreds of millions of dollars in alleged losses concerning investments in certificates issued by residential mortgage-backed securities trusts for which U.S. Bank served as trustee.
  • U.S. Bank prevails on appeal and obtains settlement in putative class action alleging tens of billions in class-wide losses in connection with residential mortgage-backed securitiesJones Day represented U.S. Bank National Association in putative class actions filed in New York state court seeking tens of billions of dollars in alleged class-wide losses in connection with investments in certificates and notes issued by over 800 residential mortgage-backed securities trusts for which U.S. Bank served as trustee.
  • U.S. Bank defeats class certification in putative class action alleging billions in class-wide losses in connection with residential mortgage-backed securitiesJones Day represented U.S. Bank National Association in a putative class action seeking billions of dollars in alleged class-wide losses in connection with investments in notes issued by 25 residential mortgage-backed securities trusts for which U.S. Bank served as trustee.
  • RBS Citizens and Citizens Bank of Pennsylvania resolve putative class actionJones Day successfully resolved a putative class action against RBS Citizens, N.A. and Citizens Bank of Pennsylvania asserting implied covenant and unfair and deceptive trade practices claims related to the banks' deposit reconciliation practices.
  • Mortgage servicer defends DOJ FIRREA investigationJones Day is defending a mortgage servicer in a Department of Justice investigation, initiated under the Financial Institutions Reform, Recovery and Enforcement Act ("FIRREA"), relating to third-party foreclosure costs reimbursed by FHA, Fannie Mae, and Freddie Mac.
  • FirstMerit acquires Citizens Republic Bancorp for $912 millionJones Day advised FirstMerit Corporation in its stock-for-stock acquisition of Citizens Republic Bancorp for approximately $912 million.
  • National bank obtains advice on CFPB deposit compliance examinationJones Day is advising a top 15 national bank in a CFPB deposit compliance examination.
  • National bank obtains advice on horizontal CFPB deposit product examinationJones Day is advising a top 15 national bank in a horizontal CFPB deposit product examination.
  • National bank obtains advice on internal investigation and OCC examination relating to mortgage foreclosure issuesJones Day is advising a top 15 national bank on internal investigation and OCC examination relating to mortgage foreclosure issues.
  • RBS Citizens and Citizens Bank of Pennsylvania defend against putative class action with respect to check processing practicesJones Day represents RBS Citizens, N.A. and Citizens Bank of Pennsylvania ("Citizens"), which are the U.S. banking operations of RBS Group plc, in a putative class action alleging, among other things, that Citizens' check processing practices are in breach of Citizens' customer account agreements and amount to unfair and deceptive trade practices under the laws of certain of the 12 states in which Citizens operates.
  • Private equity adviser avoids securities fraud claims by SEC after Wells submissionJones Day convinced the SEC to forgo securities fraud claims against a private equity adviser that provides mezzanine investing opportunities.
  • Audit committee of technology company undergoes internal investigation involving accounting issuesJones Day is representing the audit committee of a technology company with operations in the U.S., Europe, and the Middle East to conduct an internal investigation and respond to SEC inquiries involving accounting issues including software revenue recognition and related party transactions.
  • RBS Citizens and Citizens Bank of Pennsylvania defend against three putative class actions concerning overdraft feesJones Day represented RBS Citizens, N.A. and Citizens Bank of Pennsylvania ("Citizens") in three putative class actions alleging, among other things, that Citizens' practice of posting debit transactions from highest dollar amount to lowest, and other debit transaction posting practices, are in breach of Citizens' customer account agreements and amount to unfair and deceptive trade practices under the laws of certain of the 12 states in which Citizens operates.
  • Super-regional national bank analyzes potential compliance issues based on Dodd-Frank ActJones Day advised a super-regional national bank in analyzing potential compliance issues based on the Dodd-Frank Act's provision regarding National Bank Act preemption.
  • Mortgage servicer undergoes internal investigation of alleged RESPA violationsJones Day conducted an internal investigation regarding alleged RESPA violations connected with a mortgage servicer's sale of foreclosed properties.
  • Potash Corporation successfully defends historic $43.1 billion hostile takeover bidFollowing an arduous three-month battle, Jones Day's client, Potash Corporation of Saskatchewan, Inc., successfully repelled BHP Billiton's hostile $43.1 billion tender offer for all of PotashCorp's shares in November 2010.
  • Dell wins motion to dismiss plaintiffs' prudence-based claims and plaintiffs dismiss remaining individual claims after court dismisses parallel securities litigationJones Day represented Dell Inc. and various officers and directors in a consolidated class action filed in the Western District of Texas.
  • Dell obtains dismissal of securities litigationJones Day represented Dell Inc., the individual defendants and present and former directors of Dell's Board in securities litigation, derivative cases, and ERISA class actions filed in the Western District of Texas, Travis County state court and Delaware Chancery court.
  • Experian defends class action under consumer protection statuteJones Day defended Experian Information Solutions, Inc. in a class action lawsuit brought under a consumer protection statute challenging Experian procedures for updating credit reports of consumers who filed for Chapter 7 bankruptcy.
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    November 2024 Alert

    Cases Pending Before September 1, 2024, Cannot Be Removed to Texas Business Court, Dallas Court Holds

    June 2024 Alert

    The Changing Landscape for Business Disputes in Texas: Justices Named to Inaugural Business Dispute Appellate Court

    November 2023 Alert

    CFPB Seeks to Expand Regulatory Powers Over Consumer Payment Tech Entities

    October 2023 Commentary

    Federal Banking Agencies Propose Long-Term Debt Requirements for Large Banks

    October 2023 Alert

    CFPB Guidance Puts Creditors on Notice About AI-Involved Adverse Actions

    October 2023 Commentary

    FDIC Proposes Toughening CIDI Resolution Plan Rules

    September 2023 Alert

    Federal Court Rejects CFPB's Novel Use of "Unfair, Deceptive, or Abusive Acts or Practices" Authority

    AUGUST 2023 White Paper

    Medical Payment Products and Health Care Pricing Practices Draw CFPB Attention

    AUGUST 2021 Commentary

    Second Circuit Holds That Certain Private Student Loans May Be Dischargeable Under Section 523(a)(8)(A)(ii)

    May 2021 Alert

    First Circuit Rejects "Predominantly Foreign" Exception to Morrison’s "Domestic Transactions" Test
    Ver todo el conocimiento

    • September 25-26, 2017
      ACI’s 24th National Forum on Residential Mortgage Regulatory Enforcement & Litigation
    • January 14 -15, 2016
      American Conference Institute's 19th National Forum on Residential Mortgage Litigation & Regulatory Enforcement
    • June 25, 2015
      ACI's 4th Bank & Non-Bank Forum on Mortgage Servicing Compliance
    • April 30 – May 1, 2015
      ACI's 17th Residential Mortgage Litigation and Regulatory Enforcement Conference
    • March 2-5, 2015
      CFSA's 15th Annual Meeting & Conference
    • January 15-16, 2015
      ACI's 16th National Forum on Residential Mortgage Litigation and Regulatory Enforcement
    • January 16-17, 2014
      The CFPB's Regulatory and Enforcement Agenda: Post-Implementation Issues and What to Expect Going Forward
    • January 15, 2014
      Lending Outside the Safe Harbor
    • November 21 - 22, 2013
      Enterprise-Wide Compliance Systems: What Will Regulators Expect and How To Implement the Best Program/Platform for Your Company or Client
    • October 9, 2013
      The New Normal of Consumer Finance Regulation and Compliance: Significant Trends for the Second Half of 2013
    • September 26 – 27, 2013
      The CFPB’s Regulatory and Enforcement Agenda: Changes on the Horizon and Adapting Your Practice in Anticipation of January 2014 Implementation Dates
    • June 11, 2013
      CFPB Update: An Agency Begins to Find Its Regulatory Voice
    • March 28, 2013
      A Guide to Forensic Accounting Investigation: A View from the Trenches
    • February 12, 2013
      CFPB Update: Enforcement Priorities and Best Practices Before an Evolving Bureau
    • June 7, 2012
      Jones Day Chicago 2012 MCLE University

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