Jennifer Hadley Catero is based in Snell & Wilmer’s Phoenix office where she serves as Co-Chair of the firm’s Commercial Litigation practice and Corporate Governance Litigation Group.
Jennifer handles complex commercial litigation with an emphasis on corporate governance litigation, banking, consumer financial services and securities litigation, FINRA arbitration proceedings, shareholder derivative litigation, D&O litigation, class actions, internal investigations and privacy and data security issues. Jennifer also advises clients on compliance issues regarding consumer financial products and services.
Jennifer’s corporate governance litigation practice includes the representation of directors, officers, shareholders, members and partners in various business enterprises in disputes arising from the performance of duties, the sale or dissolution of a business, valuation, distribution, divestiture, takeover battles, challenges to mergers and acquisitions and financing transactions and matters related to change in control, such as potential derivative actions and breach of fiduciary duty claims.
Jennifer’s securities practice includes the representation of a number of financial institutions, including retail and investment banks, commercial lenders, underwriters, broker-dealers, investment advisors and publicly traded and privately held companies in federal court, state court and SRO arbitrations.
She has represented these clients in matters involving claims for violations of federal and state registration and securities fraud statutes, directors’ and officers’ liability, shareholder derivative litigation, unsuitability, selling-away, churning, unauthorized trading and failure to supervise.
Jennifer’s practice also includes the representation of shareholders, officers, directors and corporations in connection with shareholder derivative litigation, D&O litigation and internal investigations.
Jennifer’s financial services litigation practice includes the representation of national and local banks, merchant processing and service organizations, credit card issuers, mortgage lenders, automobile finance servicing organizations and securities broker-dealers in matters throughout the West.
She has represented these clients in matters involving lender liability claims that include loan commitments, bad-faith dealing, termination of credit and wrongful acceleration of foreclosure, Truth in Lending Act (TILA), Fair Credit Reporting Act (FCRA), Real Estate Settlement Procedures Act (RESPA), Home Ownership Equity Protection Act (HOEPA), Electronic Fund Transfer Act (EFTA), Equal Credit Opportunity Act (ECOA), Community Reinvestment Act (CRA), Uniform Commercial Code (UCC), Unfair Debt Collection Practices Act (UDCPA), consumer fraud statutes, demand deposit account disputes involving check fraud, check kiting presentment and clearing issues, business torts and breach of contract issues.
Jennifer has represented credit card issuers in disputes involving allegations of fraudulent transactions, authorized users, reversed charges, application of payments, interest rate disclosures and modifications, change in terms and fees and disclosures for related products and services.
She has also represented merchant processors in litigation involving hold-backs, unauthorized business lines, termination, fees, commissions for merchant processor sales representatives and contract disputes involve merchant account agreements. Jennifer advises clients on privacy issues arising from the collection and use of consumer non-public personal financial information.
Representative Matters :
- Represented the CEO/Chairman of the Board and the President/Director of a failed bank in connection with an investigation and enforcement action by the Office of the Comptroller of the Currency (“OCC”). We resolved the matter with a negotiated Consent Order with the OCC.
- Defended major financial institution in a purported nationwide class action case arising out of fees assessed in connection with consumer payoff of residential mortgage loans. The matter was dismissed in the motions stage.
- Defended a hotel/casino in purported nationwide class action relating to a telephone surcharge. Class certification was denied and the matter was subsequently dismissed for lack of prosecution. Obtained six-figure attorneys’ fee award against the plaintiff.
- Obtained summary judgment in favor of credit card issuer in an action alleging that the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) required card issuer to report credit limits to consumer reporting agencies. Defended the appeal before the Ninth Circuit Court of Appeals.
- Efficiently represented multiple mortgage lenders and servicers in matters commenced throughout the West by homeowners seeking to prevent residential loan foreclosures and in matters involving interest rate disclosures, fees, payoff amounts, account reconciliation, insurance coverage, foreclosure and loan modification issues with respect to both residential and commercial loans.
- University of Arizona (J.D., magna cum laude, 1997)
- University of Washington (B.A., 1991)
Professional Memberships and Activities :
- American Bar Association
- Litigation Section
- Woman Advocate Committee, Committee Newsletter, Co-Editor (2004-2005)
- Membership Subcommittee; State Membership Coordinator (Arizona) (2005)
- Judicial Intern Opportunity Program, Volunteer Interviewer (2006-2012)
- Litigation Section
- Maricopa County Bar Association
- Arizona Association of Defense Counsel
- Arizona Women Lawyer’s Association
- International Association of Privacy Professionals
Bar Admissions : Arizona; New Mexico
Court Admissions :
- Supreme Court of Arizona
- Supreme Court of New Mexico
- United States District Court, District of Arizona
- United States Court of Appeals, Ninth Circuit
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