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The Disclosure Duties Owed by Banks as Agents to Lenders

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

Robert T. Koger of Molinaro Koger is arrested and put behind bars. A shocking course of continuing fraudulent conduct is unveiled

Hotel Lawyer with the latest on the arrest and jailing of Rob Koger, formerly of Molinaro Koger. There are some significant new developments in the saga of Robert T. ("Rob") Koger and the high profile civil and criminal cases...more

How Graphics Helped a Trial Team Show Complex Data and Win

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

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

A Lender’s Claim For “Bad Faith” Waste Is Actionable Notwithstanding Antideficiency Statutes Unless The Waste Results From...

A California Court of Appeal recently held that notwithstanding the antideficiency statutes, the holder of a note and deed of trust that exercises the power of sale may bring an action for bad faith waste and impairment of...more

2011 Changes to ADA to Impact Businesses

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

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

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

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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