Robert H. Fowlkes

Bob is a Shareholder and Member of the Firm’s Credit and Restructuring and Litigation practice groups.

Bob represents financial institutions in commercial and consumer litigation ranging from a collection of sizeable debts and obligations to the defense of a wide spectrum of lender liability allegations. For instance, Bob has defended financial institutions when plaintiffs assert claims related to allegedly unauthorized ACHs and Wire Transfers initiated from a customer’s account.  He has defended financial institutions whose customers have fallen victim to bookkeeper fraud. As a result of these and other matters, he is knowledgeable of the defenses available to financial institutions under the various states’ commercial codes, particularly in establishing the commercial reasonableness of financial institutions’ processes, systems, policies, and procedures.  His defense of banks has included opposing RICO claims and claims that banks aided and abetted frauds allegedly perpetrated by third parties.  Bob has defended financial institutions facing class actions when the putative plaintiffs assert the financial institutions improperly assessed overdraft fees.  Bob has also assisted financial institutions in matters involving various banking authorities. Bob has worked with representatives from the Alabama State Banking Department, the Federal Reserve Board, and the Consumer Financial Protection Bureau. Finally, Bob has assisted clients in responding to both civil and criminal subpoenas.  He is knowledgeable of the regulations governing what information can and cannot be provided to parties and third parties in response to discovery requests.

The financial services industry is a heavily regulated industry. Compliance with various regulations is vital to financial services clients’ long-term success. To help clients succeed, Bob has refined and created policies and procedures to ensure that financial services clients comply with various regulations. He has reviewed bank agreements and advised clients on recommendations to help insulate banks from liability.  Bob has also assisted clients with compliance audits and reviews so that clients may avoid potential regulatory violations. Finally, Bob has educated clients on a variety of topics. Bob has advised clients’ problem asset management, risk management, internal audit, and other departments to help those groups manage litigation and regulatory risk.

Bob devotes part of his practice to general litigation matters, including vertical transportation, real estate, contractual disputes, partnership disputes, product liability, and insurance coverage disputes.

Bob also represents hospitals, physician groups, and other healthcare organizations in many different litigation and quality assurance matters. Bob’s healthcare litigation experience includes disputes involving vendor and other third-party contracts, physician recruitment agreements, real estate, physician discipline, and other disputes.

Bob has experience in both traditional and alternative dispute resolution forums.

Community & Professional

• American Bar Association
• Alabama State Bar Association
• Birmingham Bar Association

Recognition

• The Best Lawyers in America© for Commercial Litigation (2020 - present), Banking and Finance Law and Litigation: Banking and Finance (2023 - present)
• B-Metro, Selected as a Top Attorney (2020)
• Alabama Super Lawyers® - Rising Star, Business Litigation (2010 - 2015)