Lender Liability and Banking Litigation

This book analyzes theories of liability and provides in-depth discussion of: RICO; planning, budgeting and monitoring litigation from the perspective of inside counsel and more.
Publisher: ALM
eBook :epub
$847.00
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ISBN: 9781588522443
Publisher: ALM
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Book Edition: 58

Product details

This essential book shows you how to litigate lender liability suits and, when possible, prevent them from ever being filed. Lender Liability and Banking Litigation analyzes theories of liability and provides in-depth discussion of: RICO; planning, budgeting and monitoring litigation from the perspective of inside counsel; discovery, privilege and class action questions; practical aspects of trying a case; alternative dispute resolution; minimizing lender liability through documentation and administrative techniques; lawsuits against directors and officers of financial institutions; CERCLA; and lender liability and the failed bank. The book features numerous sample litigation documents, including: counterclaims and answers by borrowers and lenders; voir dire questions and jury instructions; interrogatories; special verdicts; and a comprehensive loan agreement litigation checklist.

Table of Contents


Chapter 1: Structuring the Lending Relationship:Documentation Issues

Chapter 2: Loan Administration and Workout of Troubled Credits

Chapter 3: Fraud, Breach of Fiduciary Duty and Negligent Misrepresentation

Chapter 4: RICO

Chapter 5: Duress, Bad Faith, the Interference Tortsand Other Bases of Liability

Chapter 6: Control Liability

Chapter 7: Aiding and Abetting Liability

Chapter 8: The Bank as Litigant

Chapter 9: Litigation and Loss Prevention Management

Chapter 10: Strategies to Avoid Litigation

Chapter 11: Litigation Against Directors and Officers of Financial Institutions

Chapter 12: Lender Liability and The Failed Bank

Chapter 13: Loan Participation Litigation

Chapter 14: Liability Under Other Federal Statutes