Overview
As a seasoned complex commercial case litigator and former bank general counsel, Frank Hirsch has handled class action cases in state and federal courts of 25 states.
Judgment and strategy are informed by experience. He has 40 years of solving complex corporate legal issues through trials, litigation, arbitration, mediation, and negotiation.
Representative Matters
Represented minority shareholders of a public company in North Carolina business court litigation over refusal of directors to hold an annual meeting and attempt to issue new shares to dilute votes
Defended a credit card sales company in North Carolina business court litigation with a major merchant payment processor concerning contractual duties owed in a sales representative agreement and residual payments owed
Represented a private equity purchaser of a technology patent portfolio from a Canadian publicly traded corporation in arbitration concerning non-disclosure obligations and unauthorized sharing of documents subpoenaed in Texas federal court patent infringement litigation
Following the “robo-signing” servicing crisis in 2010, he acted as lead independent legal counsel to the testing consultant for four of the 16 foreclosure review process look-backs (the Independent Foreclosure Reviews) mandated by the Office of the Comptroller of the Currency (OCC) and Federal Reserve Bank (FRB) pursuant to consent orders signed in April 2011
Defended a furniture component and integrated solutions manufacturer in multidistrict litigation (MDL) alleging antitrust price-fixing by a group of polyurethane foam manufacturers spanning over a decade of commercial activity
Defended a consumer financial services company in a putative nationwide class action brought by residential home loan mortgagors alleging deceptive marketing and implementation of an interest rate reset loan feature
Defended a residential, nondepository mortgage lender and its foreign subsidiary in a putative class action alleging violations of North Carolina’s Unfair and Deceptive Trade Practices Act and North Carolina Fair Debt Collection Practices Act and breach of contract arising out of alleged force-placed hazard and flood insurance
Represented the individual directors and officers of a bank with regard to an FDIC investigation and threatened lawsuit
Defended a top nationwide consumer financial services lender in a consumer class action case alleging that the client made deceptive payday loans to over 100,000 North Carolina residents
Acted as national coordinating counsel for a national mortgage servicer in multiple problem foreclosure cases in the Northern District of Illinois, Southern District of New York (White Plains), Los Angeles Superior Court, and state court disputes in North Carolina, Boise, Idaho, and Edmund, Oklahoma
Defended a major loan servicing company in put-back litigation in which over 1,700 loans were the subject of multiple repurchase demands by an investor
Recognition & Honors
Honors & Recognitions
Best Lawyers in America, 2008–2021, 2024-2026
Best Lawyers in America; Financial Services Litigation "Lawyer of the Year," 2012
AV® Rated; Martindale-Hubbell
Press & Publications
News
Community & Professional
Associations
Law360; Banking Editorial Advisory Board, 2013-14
North Carolina State Bar
Consumer Financial Services Law Report; Financial Services Advisors Board, 2010-2019
International Association of Defense Counsel (IADC); Class Action Committee, Member; Business Litigation Committee, Member
American College of Consumer Financial Services Lawyers
North Carolina Center for Banking and Finance at The University of North Carolina School of Law; Advisory Board, 2000 – Present
North Carolina Bankers Association; Affiliate Member
American Bar Association
Credentials
Education
University of North Carolina at Chapel Hill; B.A., 1983
Vanderbilt University; J.D., 1986
Beyond the Law
As an avid reader and a constant traveler, Frank enjoys the experiential learning process involving new people, places, and cultures.
