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Robert M. Kirby Chadbourne & Parke LLP

Results 1 to 5 of 6

Eleventh Circuit reverses denial of bank’s motion to compel arbitration but strikes “unconscionable” cost-shifting provision *

USA - October 15 2012
The Eleventh Circuit Court of Appeals has reversed a Florida district court’s decision to deny Branch Banking & Trust Company’s (“BB&T”) motion to compel arbitration of a putative class action brought by a BB&T customer.

Co-authors: Phoebe Wilkinson.

Insurer prevails on fraud claim in mortgage securitization action against Countrywide *

USA - March 1 2012
A New York trial court recently granted partial summary judgment in favor of MBIA Insurance Corporation (“MBIA”) on fraud and breach of warranty claims it had brought against Countrywide Home Loans, Inc. and various affiliates (collectively, “Countrywide”) concerning certain financial guaranty insurance policies that MBIA had issued in connection with residential mortgage-backed securitizations originated by Countrywide.

Co-authors: Thomas J. McCormack.

Investment bank settles claim of conflict of interest in leveraged buyout deal *

USA - December 1 2011
Del Monte Corporation (“Del Monte”) and its financial advisor Barclays Capital (“Barclays”) recently agreed to the payment of $89.4 million as part of a settlement, now subject to court approval, of a putative shareholder class action challenging the $5.3 billion leveraged buyout of Del Monte by a group of private equity firms.

Securities fraud claims arising from Lehman collapse survive dismissal *

USA - September 13 2011
Judge Lewis A. Kaplan of the United States District Court for the Southern District of New York recently granted in part and denied in part a motion to dismiss federal securities law claims brought on behalf of a putative class of purchasers of securities issued by Lehman Brothers Holdings Inc. (“Lehman”) prior to its September 2008 collapse.

Co-authors: Thomas J. McCormack.

Public risk disclosures may not defeat auction rate securities claims based on private misrepresentations *

USA - June 20 2011
Judge Loretta Preska of the United States District Court for the Southern District of New York recently denied a motion to dismiss federal securities law claims brought by investors in the Auction Rate Securities (“ARS”) market against underwriters and managing broker-dealers for ARS.

Co-authors: Robert A. Schwinger.

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