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Borrower’s president not liable on corporate agreement and note
  • Chadbourne & Parke LLP
  • USA
  • April 12 2011

A New York state trial court has granted a corporate president's motion to dismiss a case against him personally for payments due under his corporation's purchase agreement (the "Agreement") and promissory note (the "Note"

Court rejects “intended payee defense” to claim for recovery of proceeds of altered checks
  • Chadbourne & Parke LLP
  • USA
  • December 21 2010

In a recent decision, Judge Paul A. Crotty of the United States District Court for the Southern District of New York denied defendant banks’ motion for judgment on the pleadings in a case involving the alleged wrongful honor of altered checks

Court of Justice of the European Union rejects privilege for in-house counsel communications in European Commission antitrust investigations
  • Chadbourne & Parke LLP
  • European Union
  • October 15 2010

In a September 14, 2010 decision, the Court of Justice of the European Union ("ECJ") reaffirmed that for the purposes of a European Commission ("Commission") competition investigation, legal professional privilege does not extend to communications between a company and its in-house counsel

Fontainebleau term lenders lack standing to sue revolver lenders
  • Chadbourne & Parke LLP
  • USA
  • September 20 2010

In a May 28, 2010 decision, Judge Alan Gold of the United States District Court for the Southern District of Florida granted a motion to dismiss claims filed against lenders on a revolving loan agreement to the Fontainebleau resort and casino project in Las Vegas

Recent OFAC enforcement actions highlight potential risks facing financial institutions
  • Chadbourne & Parke LLP
  • USA
  • September 8 2010

On August 16, 2010, Barclays Bank plc ("Barclays") entered into deferred prosecution agreements with the Department of Justice ("DOJ") and the New York County District Attorney's office to settle criminal charges brought by federal and state prosecutors, who allege that Barclays facilitated illegal currency transactions with banks in countries sanctioned by the United States, including Iran, Cuba, and Sudan