Jennifer Hadley Catero

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.

In addition to her normal areas of practice, Jennifer is a member of the firm’s Coronavirus (COVID-19) Response Team, an interdisciplinary team of lawyers, formed quickly after recognizing the complex legal issues that businesses would confront as a result of the coronavirus. This group has issued legal alerts and newsletters on the topic and has hosted multiple webinars to address a range of concerns. The group remains committed to monitoring the issues and bringing as much clarity and guidance to clients as possible. More information is available in the COVID-19 Resource Center.

Representative Presentations and Publications

• Arizona Governor Doug Ducey Issues Order Delaying Evictions of Small Businesses and Nonprofits, Co-Author, Snell & Wilmer Legal Alert (April 7, 2020)
• Arizona Governor Doug Ducey Issues Order Mandating Postponement of Certain Residential Evictions, Author, Snell & Wilmer Legal Alert (March 25, 2020)
• Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by COVID-19, Author, Snell & Wilmer Legal Alert (March 24, 2020)
• An Overview of Shareholder Derivative Litigation Principles and the Impact of Director and Officer Indemnification Agreements, Presenter, Celesq AttorneysEd Center/WestLegalEd Center national teleseminar (August 7, 2019)
• Overview of Hot Topics in Director and Officer Liability, Co-presenter, Arizona Association of Defense Counsel (March 13, 2019)
• How Director and Officer Indemnification Agreements Can Help Attract Top Talent, ” Author, Snell & Wilmer Corporate Governance Litigation Blog (February 28, 2019)
• Delaware Court Rejects Forum Selection Provisions in Certificates of Incorporation Applied to ’33 Act Claims, Author, Snell & Wilmer Legal Alert (January 16, 2019)
• Senior Litigators: Tales from the Trenches, Panelist, Maricopa County Bar Association (December 6, 2018)
• Republican Senators Introduce Bill to Restructure the Consumer Financial Protection Bureau, Author, Snell & Wilmer Legal Alert (February 16, 2017)
• SEC Announces Second Wave of Cyber Exams of Broker Dealers and Advisors - Is Your Firm Ready?, Author, Into the Breach ... Data Privacy and Protection Blog (October 15, 2015)
•Arizona Banker's Association, Annual CEO and Director's Conference, Master of Ceremonies and Presenter (October 30, 2014)
• New Developments re Real Estate Settlement Procedures Act, Presenter and Author, Real Estate Supercourse, National Business Institute (June 16, 2014)
• Developments in Privacy and Data Security, Moderator and Panelist, Litigation Supercourse, Network of Trial Law Firms (April 24-27, 2014)
• Don't Wait for a Data Compromise, Presenter, twtelecom Data Breach Seminar (June 5, 2013)
• Patent Trolls and the Financial Services Industry, Presenter, Arizona Banker's Association Annual Convention (June 3, 2013)
• Legal Ethics & Cloud Computing and Data Privacy, Presenter, Association of Corporate Counsel, Arizona Chapter (May 21, 2013)
• New Rules May Shield Distressed Homeowners, Quoted, Article by Peter Eaves, New York Times, at B10 (January 17, 2013)
• New CFBB Mortgage Rules May Hurt Developers, Spur Suits, Quoted, Article by Kaitlin Ugolik, Banking Law 360 (January 15, 2013)
• The Consumer Financial Protection Bureau Finalizes the Ability-To-Repay and Qualified Mortgage Rule, Author, Financial Services Litigation Bulletin (January 2013)
• Legal Debrief, Presenter, Arizona Banker's Association's Annual Convention (June 11, 2012)
• Best Practices in Privacy and Data Protection 2012, Responding to a Data Breach, Presenter (April 25, 2012)
• Consumer Financial Protection Bureau Considering the Proposal of New Mortgage Servicing Rules, Author, Financial Services Litigation Bulletin (April 2012)
• Snell & Wilmer Privacy and Data Protection Alerts, Co-Author, Snell & Wilmer Legal Alert (January 2012)
• Safeguarding Against D&O Claims Arising Out of the Financial Crisis, Presenter, Arizona Bankers Association's Annual CEO & Bank Directors College (October 26, 2010)
• Fair Credit Reporting Act Preemption in the Ninth and Tenth Circuits: Despite Competing Opinions, Complete Preemption Is Still the Majority View, Co- Author, Financial Services Litigation Bulletin (September 2010)
• Surprise! SEC Approves Amendments to the Custody Rule, Co-Author, American Bar Association, Commercial & Business Litigation Newsletter, Focus on Securities Litigation, Vol. 11, No. 3 (Summer 2010)
• Amendment to Electronic Fund Transfer Act Restricts Overdraft Fees with Mandatory Compliance Date of July 1, 2010, Co-Author, The Banking Law Journal, Vol. 127 No. 4 (April 2010)
• Shareholder Derivative Litigation Essentials, Presenter (April 22, 2009)
• The Ethical Implications of Shareholder Derivative Suits, Presenter, Association of Corporate Counsel, Arizona Chapter (May 20, 2008)
• The Pre-Suit Demand Requirement In Shareholder Derivative Suits, Author, Focus, Association of Corporate Counsel, Arizona Chapter (3rd Quarter 2008)

Professional Recognition and Awards

•The Best Lawyers in America, Commercial Litigation (2019-2020)
•Arizona Woman, feature article, Zooming Ahead: How to boost your career and accelerate job success through volunteering (April 2005)
•The Woman Advocate, Outstanding Newsletter Editor, ABA Section of Litigation (2004-2005)

Community Involvement

•Homeward Bound, Board of Directors (2019)
•Cardon Children's Medical Center, Advisory Council (2014-2016)
•Corporate Sponsorship Committee, Stars of the Season, Co-Chair (October 25, 2014)
•Central Arizona USTA (United States Tennis Association), Board of Directors, Second Vice-President (2014)
•Friends of Public Radio Arizona, Board of Directors (2010-2013)
•First Press Fine Wine Auction, Chairperson (February 16, 2013)
•Herberger Theater Center, Board of Directors (2006-2012)
•Arizona Theatre Company, Board of Trustees, (2005-2007)
•Cystic Fibrosis Foundation
•One of AZ's Up-and-Coming Couples for business, civic and political involvement (2005)
•City of Phoenix, Encanto Village Planning Committee (2003-2008)

Related News & Events

• May 31
Phoenix Partner Jennifer Hadley Catero Joins Homeward Bound Board of Directors

• Mar 19
Snell & Wilmer Launches Corporate Governance Litigation Blog

• Aug 15
139 Snell & Wilmer Lawyers Listed as Leaders in Their Fields by The Best Lawyers in America 2019
Eleven Snell & Wilmer attorneys recognized as a 2019 Lawyer of the Year

• Feb 21
Two Snell & Wilmer Phoenix Partners Admitted to State Bar of New Mexico

• Jun 01
Surprise! SEC Approves Amendments to the Custody Rule

• May 13
Friends of Public Radio Arizona Appoints Three New Board Members for 2010

• Apr 01
Amendment to Electronic Fund Transfer Act Restricts Overdraft Fees with Mandatory Compliance Date of July 1, 2010

• Apr 01
Zooming Ahead: How to boost your career and accelerate job success through volunteering

Related Publications

• Apr 07
Arizona Governor Doug Ducey Issues Order Delaying Evictions of Small Businesses and Nonprofits

• Mar 25
Arizona Governor Doug Ducey Issues Order Mandating Postponement of Certain Residential Evictions

• Mar 24
Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by COVID-19

• Jan 16
Delaware Court Rejects Forum Selection Provisions in Certificates of Incorporation Applied to ’33 Act Claims

• Feb 16
Legal Alert - Republican Senators Introduce Bill to Restructure the Consumer Financial Protection Bureau

• Jan 15
The Consumer Financial Protection Bureau Finalizes the Ability-To-Repay and Qualified Mortgage Rule

• Apr 12
Financial Services Litigation Bulletin - April 2012 Consumer Financial Protection Bureau Considering the Proposal of New Mortgage Servicing Rules

• Mar 08
Legal Alert: Privacy and Data Protection Alert The White House and European Union Privacy Proposals

• Mar 07
Financial Services Litigation Bulletin - March 2012 The Arizona Court of Appeals Expands Anti-Deficiency Protection for Borrowers

• Jan 06
Legal Alert: Privacy and Data Protection Alerts