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Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:

CFPB Loses Borders Case: the Court Construes RESPA’s Statutory ABA Exemption according to its Plain Language

by Foley & Lardner LLP on

On July 12, 2017, a federal district court in Kentucky issued a summary judgment ruling for the defense in the ongoing Borders & Borders case brought by the Consumer Financial Protection Bureau (CFPB or Bureau). In this...more

What NC Community Associations Need to Know about Fair Debt Collection

by Ward and Smith, P.A. on

Nearly all Community Associations ("Associations") must cope with owners who fail or refuse to pay their periodic assessments (also known as "Dues"). When this happens, the Association, typically acting through its property...more

"Loss Payee" v. "Lender Loss Payee": How the Difference of One Word Can Prevent a Secured Lender's Recovery on Insurance Proceeds

by Blank Rome LLP on

As a secured lender, you take a security interest in your borrower’s inventory and/or equipment and then perfect under applicable law. To further protect the value of the collateral supporting your loan, you confirm your...more

The Disclosure Duties Owed by Banks as Agents to Lenders

by Ropes & Gray LLP on

The Chancery Division recently handed down its judgment on a hedge fund law suit brought against an agent bank for failing to disclose certain information regarding the borrower’s declining financial health and the occurrence...more

How Graphics Helped a Trial Team Show Complex Data and Win

by Cogent Legal on

I love hearing the news that one of our clients had a great result using the work we did for them. The most recent big win I’m happy to report is Manatt, Phelps & Phillips, LLP, won a major lender liability/wrongful...more

It's A First: Fiduciary Duty Claim Sticks Against A Bank

by Brooks Pierce on

For the first time that I am aware of, the Business Court has found a Complaint to sufficiently allege a breach of fiduciary duty claim against a bank, in today's opinion in WNC Holdings, LLC v. Alliance Bank & Trust Co....more

Buyer Beware: Court Decision Highlights Importance of Performing Careful Diligence

In Princes Point LLC v. AKRF Engineering, P.C., No. 601849/2008 (N.Y. Sup. Ct. Jul. 13, 2012), Judge Charles Edward Ramos granted a motion for summary judgment dismissing plaintiff’s claims of fraud, negligent...more

Attorney's Participation in a Presentation to Potential Real Estate Investors Did Not Create a Duty Actionable Under Section 10(b)...

The US Court of Appeals for the Seventh Circuit last week denied federal securities and related state law claims by a group of investors, which were brought against attorneys for statements made during a presentation...more

2011 Changes to ADA to Impact Businesses

by Thomas Schlegel on

Overview of 2011 ADA changes and potential impact on business owners and lenders....more

Capital Finance Adds Financial Institution Bond, Title Insurance and Escrow Expert

by Capital Finance on

Capital Finance is very pleased to announce that Terry S. Kaplan, Esq. has become associated with our firm as a consulting expert witness specializing in Financial Institution Bond, Title Insurance and Escrow litigation...more

Texas Case Law Update

by Jackson Walker on

In an ongoing effort to update our financial institution clients about important developments in Texas jurisprudence that may impact them, we bring to your attention two recent decisions of particular import. Dallas trial...more

2nd Circut Decision on "Next Day" Availability

by Lawrence McElroen on

This document contains a link to Fischer & Mandell LLP v. Citibank, N.A., 632 F3d 793 (2nd Cir. 2011). It's a decision concerning the application of UCC Articles 3 & 4 to the issue of counterfeit checks and next day...more

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