Shareholder
Tel:
407.419.8513
Fax:
407.843.6610
Virginia Townes is a trial lawyer with experience in state and federal cases, administrative proceedings, and all levels of state and federal appeals. Virginia serves as General Counsel to the Florida Bankers Association and represents businesses and financial institutions in disputes with customers, with other entities, and with regulators. She has also defended more than 20 class actions and provides clients with regulatory and operational advice relating to laws affecting the interstate and international operations of banks and non-traditional financial institutions. Virginia is recognized by Chambers USA for Banking and Finance in Florida and by The Best Lawyers in America for Banking Law, Commercial Litigation, and Bet-the-Company Litigation in Florida.
Appellate
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Regularly advise depository and non-depository financial institutions in regulatory and operational matters, including licensure and charter issues, acquisitions, safety and soundness issues, state and federal regulatory compliance, funds transfers (including ACH), operational procedures and liability avoidance, and the USA Patriot Act, including Know Your Customer Rules and Anti-Money Laundering Statutes and Regulations (federal and state).
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Representation of a national bank in the defense of a putative class action based on an alleged violation of Florida's "at par" statute for having assessed a $5.00 per check convenience fee to cash a check, which was drawn on the bank, over-the-counter for a non-accountholder. Britt v. Bank of America, Case No. 48-2009=CA-17734-O (Fla. 9th Judicial Circuit Complex Business Court)
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Representation of Advance America in the defense of a class-action suit against deferred presentment provider involving challenges to personal jurisdiction, efforts to enforce arbitration agreement, opposition to class certification, and application of statutory safe-harbor for agency approved activities. Gerald Betts v. Advance America, Cash Advance Centers of Florida, Inc., et al., Case No 2004-ca-008164 MB-AG (Fla. 15th Judicial Circuit)
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Representation of Regions Bank in matter involving attempt by plaintiffs to impose securities regulatory obligations on bank account relationship with its business account-holder who allegedly engaged in securities fraud. Scott Allen, et al. v. Regions Bank, et al., 48-2007-CA-012806-O (Fla. 9th Judicial Circuit Complex Business Court)
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Representation of K. Hovnanian American Mortgage in a putative class action for damages against builder and mortgage lender for alleged violation of duty to disclose prior military use of subsequently platted, permitted, and developed land. Beard and Torres v. K. Hovnanian Cambridge Homes, LLC, and K. Hovnanian American Mortgage, LLC., Case No. 48-2008-CA-008228-O (Fla. 9th Judicial Circuit Complex Business Court)
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Representation at trial and on appeal of a national bank in litigation concerning liability for late return of a multi-million dollar check through domestic and international clearance channels and application of Article 4 of the Uniform Commercial Code. SCADIF, S.A. v. First Union National Bank, 288 F. Supp. 2d 1352 (S.D. Fla. 2002), affirmed 344 F.3d 1123 (11th Cir. 2003)
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Representation of McKenzie Check Advance of Florida in reinstatement of appeal from order denying arbitration. The District Court of Appeal had dismissed appeal from trial court's order on the theory that the trial court was determining a matter relating to the right to proceed as a class rather than to compel arbitration. The Supreme Court of Florida granted the petition for writ of mandamus, but withheld issuance of the writ. McKenzie Check Advance of Florida, LLC v. Betts, Case Nos: 4D09-493, 4D08-494, 2010 WL 145898 (Supreme Court of Florida)
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Representation in an appeal from a district court order upholding bankruptcy court's dismissal with prejudice of claims of fraud on the court; cross-appeal of denial of sanctions. Involves dismissal with prejudice of an effort to vacate two bankruptcy judgments for alleged fraud on the court and a cross appeal on the denial of Rule 11 sanctions. Approximately $26 million at issue. Sixth Circuit affirmed dismissal but remanded to bankruptcy court with instructions to explain why egregious behavior on the record did not warrant sanctions. Followell v. Mills, 2009 WL 723132 (6th Cir. Mar. 18, 2009)
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Representation of Regions Bank in petition for writ of certiorari seeking review of court's order requiring production of documents claims to be protected from production by federal banking statutes. Regions Bank v. Allen, et al., Case No. 5D09-1143 (Fla. 5th DCA)
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The Best Lawyers in America 2013, Named as "Lawyer of the Year" for Litigation - Banking & Finance in Orlando
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The Best Lawyers in America 2007-2013, Listed in Florida for Bet-the-Company Litigation, Commercial Litigation, Financial Services Regulation Law, Litigation - Banking & Finance, and Litigation - Trusts & Estates
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Chambers USA 2009-2012, Ranked in Florida for Banking & Finance: Regulatory
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Super Lawyers Magazine 2007-2012, Listed in Florida for Business Litigation and Banking
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Florida Trend's Legal Elite 2012, Listed for Commercial Litigation
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Order of the Coif
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Florida Bankers Association, Speaker, "The Dodd-Frank Wall Street Reform and Consumer Financial Protection Act of 2010: The New Shape of Consumer Protection," August 2010
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Akerman and ACC of Central Florida Legal Roundup: Recent Developments and Practice Applications, Presenter, "Bulletproofing Your Business," June 2012
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Guide to Doing Business in Florida, Author, "Commercial Banking Opportunities," August 2011
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National Business Institute, Speaker, "Litigating the Class Action Law Suit in Florida: Procedures for Initiating the Class Action and Defense Perspective on Class Action Litigation," October 1999
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Florida Bankers Association Legal Bulletin, Author, "Consumer Class Action Claims," September 1999
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Florida Legal Aid Conference, Speaker, "Truth-In-Lending: Reverse Mortgages and High-Interest Mortgages," May 1998
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Lorman Business Centers, Inc., Speaker, "The Debtor's Revenge: Truth in Lending and Other Vulnerabilities," March 1995, 1996, 1997 and 1998
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Vault and Gavel, Author, "Limiting Fields of Membership in Florida's Credit Unions: Analysis and Prognosis," May 1997
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The Florida Bar Young Lawyers Basic Federal Practice Seminar, Speaker, "Discovery Practice Under the Local Rules," February 1997
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Florida Academy of Certified Mediators Panel, Panelist, "A Commercial Litigation View of Mediation," September 1994
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Lorman Business Centers, Inc., Speaker, "Preserving The Record on Appeal" and "Extraordinary Writ Practice," Appellate Advocacy Seminar, July 1994
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Florida Board of Bar Examiners, Past Vice Chair, 1990-1991; Past Chair, 1991-1992
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American Bankers Association Payment Law Task Force, Member
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Orange County Bar Association, Member
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American Bar Association, Litigation Section, Member
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United States District Court, Middle District of Florida, Local Rules Committee, Past Chair, 2002
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Community Legal Services of Mid-Florida, Past Chair, 2008; Board Member, 2001-Present
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Legal Advocacy Centers of Central Florida, Past Chair, 2008; Board Member, 2001-Present
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PAST (Society to Preserve African American Society, Tradition and History), Board of Directors, 1990-Present
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Community Coordinated Child Care of Central Florida, Board of Directors; Past Secretary, 1989-1990; Past Chair, 1991-1992
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Four C Foundation, Member, 1992-Present
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Orlando Opera Company, Past Board Member, 1989-1999; Past President, 1997; Past Chair, 1998
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Barry University College of Law, Adjunct Professor, 2003; 2007 - Secured Transactions and Professional Responsibility
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Florida A&M University College of Law, Visiting Professor, 2003-2004 - Civil Procedure and Payment Systems
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State Attorney, Ninth Judicial Circuit, Orange County, Florida, Special Appointment - Prosecutor, Traffic Misdemeanors, 1991
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Research Aide to the Honorable Raymond Ehrlich, Florida Supreme Court, 1982-1985
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News
Publications
Advance America, National Cash Advance Centers
AXA Equitable Life Insurance Company
Florida Bankers Association
MoneyCorp, Inc.
Olympus Insurance Company
Regions Bank
TD Bank
J.D., Florida State University College of Law, 1982; with highest honors
M.S., Florida State University, 1974
B.S., University of South Florida, 1969; English-Secondary Education
Florida
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©2013 Akerman Senterfitt, Akerman Senterfitt LLP. Attorney Advertising.