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Brandon W Banks, Litigator, Managing Partner

Attorney at Law - Managing PartnerBrandon W Banks

brandon.banks@walshbanks.com

Brandon has nearly 20 years of experience as both a litigator and a transaction attorney. He represents and counsels clients in a wide variety of practice areas; including general corporate and business law, real estate, construction and banking.

As a litigator he has represented clients in both state and federal court ; as-well-as appellate court. He has extensive experience representing clients engaged in real estate transactions and construction projects.

As a licensed title agent he is an experienced closing agent. He also advises clients regarding contracts, non-compete agreements, mechanics liens, both Florida and federal banking regulations; as-well-as, the sale and purchase of businesses

As a litigator he has represented clients in both state and federal court ; as-well-as appellate court. He has extensive experience representing clients engaged in real estate transactions and construction projects. As a licensed title agent he is an experienced closing agent. He also advises clients regarding contracts, non-compete agreements, mechanics liens, both Florida and federal banking regulations; as-well-as, the sale and purchase of businesses

As a litigator, Brandon has broad experience representing and counseling clients on a wide variety of civil litigation matters in state and federal court; including, business litigationreal estate litigation, construction litigation, and banking regulatory and operational litigation.

Additionally, Brandon has extensive experience as an outside general counsel representing clients in the banking, mortgage, real estate and construction industries.

Given that he has clerked for two U.S. District Court Judges, has been an attorney at large national law firm, and a has been a solo-practitioner, he has the knowledge and experience to effectively and efficiently streamline cases to get the best results for his clients.

Whenever possible, Brandon tries to resolve all litigation matters by alternative dispute resolution, such as negotiation or mediation, in order to avoid costly and time-consuming litigation. However, when an amicable resolution cannot be reached, he effectively and aggressively represents his clients’ interests at all stages of litigation, including final arbitration hearings or trials.

He has also successfully represented clients in appeals court. Three of those appeals resulted in published decisions:

  • Britt v. Bank of America, N.A., 52 So. 3d 809 (Fla. 5th DCA 2011)
  • Regions Bank v. Allen, 33 So. 3d 72 (Fla. 5th DCA 2010)
  • Broward County v. Fairfield Resorts, Inc., 946 So. 2d 1144 (Fla. 4th DCA 2007)

Brandon graduated, cum laude, from the University of Memphis, in 1997, with a Bachelor’s degree in Criminology and Criminal Justice. In 2002, he earned a Juris Doctorate from Florida State University College of Law; where he graduated with High Honors, in the top 5% of his class.

He is a member of the Florida Bar and enjoys U.S. District Court access for the Middle, Northern and Southern District of Florida and has been admitted to the Eleventh Circuit and Federal Circuit of the U.S. Court of Appeals, as-well-as the U.S. Supreme Court.

Among Brandon’s achievements is his being named as a Rising Star for Banking, Business, and Construction Litigation in 2011 by Super Lawyers Magazine.

He also gives back to the community as a Board Member for the Community Coordinated Care for Children organization, and as a member of the Florida State University Alumni Association.

Prior to partnering with Brian Walsh to co-found Walsh Banks Law, Brandon was a solo practitioner, and before that served as an Associate attorney in the commercial litigation department of Akerman, LLP in Orlando.

Representative Experience

  • Represented general contractors and subcontractors in numerous lawsuits and arbitrations arising out of alleged faulty work on various construction projects.
  • Served as outside general counsel for two real estate agencies, including advising on corporate transactional matters, handling litigation matters, and closing all real estate transactions.
  • Represented real estate investors in various transactional and litigation issues
  • Represented landlords in landlord-tenant disputes, including eviction cases
  • Represented companies seeking enforcement of non-compete agreements
  • Successfully represented a multi-state state-chartered bank on a petition of certiorari to the Fifth District Court of Appeal concerning the reversal of a trial court order compelling the bank to produce confidential suspicious activity reports concerning the case if any existed. See Regions Bank v. Allen, 33 So. 3d 72 (Fla. 5th DCA 2010)
  • Successfully represented a national bank in a state-wide class action and appeal involving an alleged violation of Florida’s “at par” statute and an employment statute
  • Represented two state-chartered, multinational banks in similar class actions asserting “at par” violations
  • Represented a multi-state state-chartered bank in a lawsuit involving an alleged conspiracy to commit securities fraud on accountholders and non-accountholders
  • Represented a federal savings association in the foreclosure of a commercial mortgage on a multi-million dollar condominium property
  • Represented a federal savings association in the foreclosure of residential mortgages throughout Florida
  • Represented a state-chartered, multinational bank in the foreclosure of residential mortgages
  • Represented federal banking agency in a lawsuit involving fraud, breaches of warranty, and intentional infliction of emotional distress
  • Advised a financial institution holding company about the implications of the Gramm-Leach- Bliley Financial Services Modernization Act of 1999 on a proposed merger involving one of the holding company’s subsidiary banks

Bar and Court Admissions

Published Decisions

  • Britt v. Bank of America, N.A., 52 So. 3d 809 (Fla. 5th DCA 2011)
  • Regions Bank v. Allen, 33 So. 3d 72 (Fla. 5th DCA 2010)
  • Broward County v. Fairfield Resorts, Inc., 946 So. 2d 1144 (Fla. 4th DCA 2007)

Previous Professional Experience

  • Brandon W. Banks, P.A., Orlando: solo-practitioner in commercial litigation, including construction, real estate, and business litigation, and transactional real estate, construction, and banking regulatory matters, May 2013 to May 2015
  • Licensed Title Agent, June 2014 to present
  • CJA Panel Attorney, Middle District of Florida, Orlando Division: federal criminal defense in cases where the Federal Public Defender has a conflict, October 2013 to present
  • Akerman, LLP (formerly Akerman Senterfitt), Orlando: Associate attorney, Commercial Litigation Department, September 2004 to May 2013
  • Law Clerk to the Honorable M. Casey Rodgers, U.S. District Court Judge, Northern District of Florida, 2003 to 2004
  • Law Clerk to the Honorable Lacey A. Collier, U.S. District Court Senior Judge, Northern District of Florida, 2002 to 2003

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