James McGuire is Co-Chair of the firm's Financial Services Litigation Practice Group. His practice focuses on complex civil litigation with an emphasis on the defense of consumer class actions against financial services companies under the Truth in Lending Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and state unfair practices statutes, including California's Consumer Legal Remedies Act and Unfair Competition Law.
Mr. McGuire also has significant experience with the Federal Arbitration Act and the extensive body of federal laws governing the operations of various state and federally chartered financial institutions, including the Home Owners Loan Act of 1933, the National Bank Act, and the Depository Institution Deregulation and Monetary Control Act of 1980.
Mr. McGuire joined Morrison & Foerster as an associate in 1997 and became partner with the firm in 2004. During law school, he was a staff writer and articles editor for the Pacific Law Journal.
In Re Checking Account Overdraft Litigation
Representing U.S. Bank and Capital One in class action complaints against our clients and over 50 other banks, seeking to recover allegedly excessive overdraft fees for charges made to customers' accounts on electronic debit transactions (S.D. Fla. Ongoing).
U.S. Bank v. Schipper
Permanently enjoined Iowa banking officials from enforcing an Iowa banking statute that inhibited U.S. Bank's ability to offer a complete range of "electronic transfer of funds" ("ETF") services to state-chartered banks (U.S. Bank National Association v. Schipper, No. 4:10-cv-00064-JEG, S.D. Iowa 2011).
United States of America ex rel. Rudy Vigil v. Nelnet, Inc.
Successfully dismissed a False Claims Act matter on behalf of Citigroup (we won this case at the 8th Circuit; United States of America ex rel. Rudy Vigil v. Nelnet, Inc.; JP Morgan Chase & Co. and Citigroup, Inc., No. 10-1784, U.S. Court of Appeals for the Eight Circuit 2011).
Higginbottom v. U.S. Bancorp
Won dismissal of all claims against U.S. Bank and one of its operating subsidiaries in a putative class action challenging the interest rate allegedly charged pursuant to an equipment finance agreement between our client and a California resident and small business owner (Higginbottom v. U.S. Bancorp et al, 5:10-cv-04593, N.D. Cal. 2011).
Capital One Bank (USA), N.A. v. McGraw
Permanently enjoined state Attorney General from issuing or pursuing subpoenas as an improper attempt to exercise "visitorial powers." Capital One Bank (USA), N.A. v. McGraw, 563 F. Supp. 2d 613 (S.D. W. Va. 2008).
SPGCC, LLC; MetaBank; and U.S. Bank, N.A. v. Ayotte
Affirmed summary judgment that National Bank Act and OCC regulations preempt application of Connecticut "Gift Certificate" statute to gift cards issued by national bank. SPGCC, LLC; MetaBank; U.S. Bank, N.A. v. Ayotte, 488 F. 3d 525 (1st Cir. 2007).
Walker v. Geico Gen. Ins. Co.
Represented defendant USAA Casualty Insurance Co. Affirmed dismissal of putative class action against auto insurer under California’s Unfair Competition Law. Walker v. Geico Gen. Ins. Co., 558 F.3d 1025 (9th Cir. 2009).
Strand v. U.S. Bank
Established enforceability of arbitration provision in credit card agreement requiring arbitration to proceed on an individual basis. Strand v. U.S. Bank, 2005 N.D. 68 (N.D. 2005).
Anderson v. Capital One Bank
Defeated class certification and obtained partial judgment on pleadings in class action under the Fair Credit Reporting Act and the Equal Credit Opportunity Act. Anderson v. Capital One Bank, 224 F.R.D. 444 (W.D. Wis. 2004).
WFS Financial, Inc. v. Dean
Obtained summary judgment that operating subsidiaries of federal savings associations enjoy the same preemption rights as their parents under the Home Owners' Loan Act of 1933 and OTS regulations. WFS Financial, Inc. v. Dean, 79 F. Supp. 2d 1024 (W.D. Wis. 1999).