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Article

Chadbourne & Parke LLP | USA | 24 Dec 2014

Target can’t escape cybersecurity breach litigation

Last week a United States District Court in Minnesota issued its second order this month thwarting Target’s efforts to dismiss litigation spawned by

Article

Chadbourne & Parke LLP | USA | 23 Jan 2014

CDO-squared fraud suit fails as plaintiffs cannot prove loss causation

A New York federal district court recently granted summary judgment dismissing a fraud suit brought against investment bank Bear Stearns Asset

Article

Chadbourne & Parke LLP | USA | 23 Jan 2014

Trustee’s suit proceeds for sponsor’s failure to cure faulty mortgage-backed securities loans

A New York federal district court recently refused to dismiss breach of contract claims brought by HSBC Bank USA ("HSBC"), as Trustee, against DB

Article

Chadbourne & Parke LLP | USA | 23 Jan 2014

Loan owner’s nominee may be held liable under Truth in Lending Act

The United States District Court for the Eastern District of New York recently denied the motion of defendants Mortgage Electronic Registration

Article

Chadbourne & Parke LLP | USA | 24 Jul 2013

Dismissal denied for claims of breach of exclusive brokerage agreement for sale of student loan assets

A New York appellate court recently reversed dismissal of a breach of contract claim brought by Morpheus Capital Advisors LLC ("Morpheus") against

Article

Chadbourne & Parke LLP | USA | 19 Sep 2012

A comeback for Delaware’s implied covenant of good faith and fair dealing?

Last year Chancellor Strine said “the implied covenant of good faith and fair dealing is not a license for a court to make stuff up .”

Article

Chadbourne & Parke LLP | USA | 19 Sep 2012

Continuing challenges to exclusive forum bylaw provisions

An increasingly popular trend in recent years has been the adoption by Delaware public companies of an exclusive forum provision in their bylaws.

Article

Chadbourne & Parke LLP | USA | 5 Jun 2012

Borrower out of luck after failing to review loan terms

In a recent decision by a New York trial court, Justice David Schmidt granted summary judgment in favor of a lender, Carver Federal Savings Bank (“CFSB”), in its action to foreclose after the borrower defaulted on a loan.

Article

Chadbourne & Parke LLP | USA | 5 Jun 2012

Estoppel certificate dooms borrower’s claims for fraud and breach of contract

In an action arising out of two loan agreements, a New York trial court recently dismissed counterclaims brought by a commercial development company, D.A.B. Group (“DAB”), alleging that two banks, Brooklyn Federal Savings Bank (“Brooklyn”) and State Bank of Texas (“State Bank”), and their assignee, Orchard Hotel, LLC (“Orchard”), fraudulently misrepresented their intention to extend the maturity date of the loans, breached the loan agreement by delaying to fund loan advances, and exaggerated the amount due on the loan.

Article

Chadbourne & Parke LLP | USA | 23 Mar 2012

In re Delphi Financial Group Shareholder Litigation

A decision from Vice Chancellor Glasscock of the Delaware Court of Chancery in the case In re Delphi Financial Group Shareholder Litigation is another recent decision from the Court of Chancery criticizing the conduct of corporate fiduciaries in a sale of control transaction.

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