He has frequently represented major money center banks, as well as other financial institutions and major bank customers, in a wide variety of litigation matters and potential litigation, ranging from borrower bankruptcies and workouts to
lender liability actions, age discrimination claims, letter of credit disputes and other commercial controversies.
He also specializes in cases involving intellectual property, trade secrets, unfair business competition and employment related claims, and he has substantial experience in representing financial institutions in
lender liability actions, interbank disputes and claims involving directors and officers.
Chapter 11 litigation, including defending against
lender liability actions, fraudulent conveyance claims and challenges to acquisitions
Banking law and
lender liability actions, including large collection actions, involving writs of attachment, injunctions, restraining orders and other provisional remedies
Not exact matches
Ms. Luther represented a commercial
lender in an
action brought by a managing member of a limited
liability company who alleged that the
lender violated the Unruh Civil Rights Act by declining to make a loan to managing member's limited
liability company based on managing member's prior felony convictions.
Obtained summary judgment in favor of a savings and loan in an
action brought by former borrowers who asserted a series of
lender liability and fraud claims.
A significant component of our litigation portfolio consists of breach - of - contract disputes between businesses and representation of creditors of all types in avoidance
action litigation, including preference, fraudulent conveyance, and other
lender -
liability actions.
His reported cases include RH Green & Silley Weir v BR (limitation period against 3rd party), de Bry v Fitzgerald (security for costs), Hartt v Newspaper Publishing (libel concerning a work by Michelangelo), Pearson v Sanders Witherspoon (valuation of loss of chance), Siebe Gorman v Pneupac (status of consent orders), Senate Electrical v NTL (
liability of an employee for acquisition warranties) and Bendell v Smith & Others (a successful recovery
action by a
lender on a shared appreciation mortgage equity release — the only such case to go to trial).
Insurance Bad Faith Consumer Class
Action Wage and Hour Laws Business Litigation Construction Defect Consumer
Liability Lender Liability
We have tried virtually every type of banking dispute, including
lender -
liability actions, suits by loan participants,
actions arising out of letters of credit and other forms of commercial paper, commercial and residential foreclosure
actions and loan fraud matters.
Therefore, New Hampshire Housing and your
lender have no
liability whatsoever for any
action taken by Congress or the IRS.
Since there is little hope that the largest lobby organization in the U.S. (click here to see NAR's lobbying numbers) is going to back off dual agency, it is up to
lenders, lawyers and consumers to take
actions to avoid and litigate dual agency violations (click here to learn more about legal
liability for dual agency).
Several non-depository
lenders, a mortgage compliance company, and an individual consumer explained that alternative 1 would relieve creditors of TILA
liability for the
actions of settlement agents; whereas, under alternative 2, creditors would have an obligation to supervise settlement agents but still assume all legal
liability.