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Rescission effective upon filing of rescission complaint

  • Wiley Rein LLP
  • -
  • USA
  • -
  • June 9 2010

In a decision not designated for publication, the United States District Court for the Northern District of California, applying California law, has held that an insurer's declaratory judgment complaint for rescission effectuated the rescission of the policy and that the subsequent coverage litigation confirmed the validity of the rescission

Liability considerations for officers and directors of failed FDIC-insured institutions

  • Venable LLP
  • -
  • USA
  • -
  • August 12 2009

In light of the possibility that several hundred FDIC-insured banks and thrifts may fail in the next two- to three-year period, many clients and friends of the firm have requested a summary of the legal concerns that arise for officers and directors immediately following the seizure of an institution by the FDIC, as well as steps that may be taken to be better prepared before a failure

Thabault v. Chait: completing the Third Circuit's deepening insolvency trilogy

  • Jones Day
  • -
  • USA
  • -
  • March 6 2009

When the United States Court of Appeals for the Third Circuit decided Thabault v. Chait, 541 F.3d 512 (3d Cir. 2008), in September 2008, it was the most significant accounting malpractice decision of last year and perhaps the most significant damages case in the last 20 years

Dealing with financially distressed purchasers of goods

  • McDermott Will & Emery
  • -
  • USA
  • -
  • November 19 2008

Sellers should be proactive in taking steps to protect themselves from a distressed buyer's non-payment