Set Off

Court Rejects Challenge to California’s Cap-and-Trade Carbon Offset Program

On January 25, 2013, a California state court rejected a challenge to an important component of California’s cap-and-trade scheme, its emission offset program. In the first legal decision regarding the program since its...more

Lessons for Lenders in Avoiding Liability When Exercising Setoff Rights

Last year the Superior Court of Forsyth County, North Carolina awarded approximately $2.1 million in damages against a large lender for its decision to offset debt against a deposit account of a guarantor. The trial court...more

Roger Towers: A Lender’s Right to Set Off Against an Account

Under Florida common law, a bank may set off the balance of an obligation owed to it by its depositor (e.g., a loan) against a general deposit made by the depositor (e.g., the balance of a checking or savings account) which...more