Barry Hovis is a partner in the Firm's San Francisco office. Mr. Hovis has almost forty-five years of experience in litigation, largely for financial institutions. He has tried to judge or jury over forty cases and handled many arbitrations.
Mr. Hovis has litigated cases involving all types of commercial disputes. His trial experience includes defense of claims of lender liability and breach of fiduciary duty against financial institutions, their officers and directors. He also represents these entities in regulatory proceedings. Mr. Hovis represented management and shareholders of financial institutions in litigation in the 1980s, 1990s and early 2000s with the FSLIC, RTC and FDIC in California and Colorado, (Fidelity Savings, Silverado Banking, Nextcard and numerous others) and recently was adverse to the FDIC in Washington, Oregon, Georgia, North Carolina and Michigan. He recently tried a removal/CMP action before the FDIC ALJ. He currently represents directors and officers in pending claims brought by the FDIC.
Mr. Hovis has defended numerous class actions and unfair business practice claims. He has tried claims involving corporate indemnification, employment and CERCLA. He has prosecuted actions involving check kiting and other types of fraud and defended numerous forged check, account holder and Ponzi scheme cases. He has significant appellate experience, with over twenty reported appellate decisions. For nearly forty years Mr. Hovis has not lost a judge or jury trial.
Mr. Hovis represented World Savings as its principal outside counsel for twenty years. He handled over a hundred of World's cases, and successfully tried several cases for World, including a recovery of almost $8 million from the Federal Home Loan Bank of San Francisco in a dispute over prepayment fees. Mr. Hovis worked with World in developing the argument of preemption of the federal regulatory scheme over state laws. He obtained the first favorable opinion upholding preemption in Northern California in Lopez v. World Savings, 105 Cal.App.4th 729. Mr. Hovis has prevailed in jury trials for World, Citibank, Washington Mutual, PNC Bank and various other banks. Mr. Hovis presently represents several major banks and certain smaller financial institutions in meeting their litigation needs.
Mr. Hovis is a member of the Firm's Management Committee.