Overview
In this difficult environment, lenders and their counsel need to pay close attention to the legal and practical implications of lender liability claims and be able to distinguish those claims that present real legal and economic risk from those that are simply negotiating ploys. Attend our upcoming teleconferences that will analyze the most common lender liability claims and explore emerging theories of liability, including deepening insolvency and the risks posed by loan to own transactions. This teleconference will help you improve your ability to spot potential lender liability risks, assess claims asserted by borrowers, guarantors and bankruptcy trustees, and avoid lender liability claims, thereby avoiding litigation and maximizing your recovery in a challenging environment.
Authors
Andrew J. Wronski, Foley & Lardner LLP
Self Study Credit - OnDemand Webinar
| CBC | 0.5 | | |
| CLE | 1.5 | AK, AZ, CA, HI, IL, MT, NC, ND, OR, PA, VA, VT, WA, WI | |
| CLE | 1.58 | TN | |
| CLE | 1.6 | AL, MS | |
| CLE | 1.8 | MO, WV | |
| CLE | 2 | CO | |
Self Study Credit - CD & Reference Manual
| CBC | 0.5 | | |
| CLE | 1.5 | AK, AZ, CA, GA, HI, ME, MT, NV, NY, OR, UT, VT, WA | |
| CLE | 1.8 | MO, WV | |
| CLE | 2 | CO | |
Self Study Credit - Podcast
| CLE | 1.5 | AK, CA, ME, MT, NV | |
| CLE | 1.8 | MO, WV | |
Agenda
Common Theories of Lender Liability - An Overview
- Contractual Liability
- Common Law Liability
- Statutory Liability
- Bankruptcy Considerations
The Covenant of Good Faith and Fair Dealing - What Page of the Credit Agreement Is That on?
- Implied Term of Every Contract in Most States
- You Can Breach Your Loan Agreement Even When There Has Been No Violation of Any Express Contractual Term
- Limitations - Exercising an Express Contractual Right Will Not Run Afoul of The Covenant of Good Faith and Fair Dealing; Well, Not Usually, Anyway!
The Importance of Discretion When Exercising Discretionary Clauses in Credit Agreements
- Demand Notes
- Insecurity, MAC, MAE Clauses
- Acceleration Clauses
- Discretionary Advance Clauses
Control - When Does Monitoring Go Too Far?
- What Is Control?
- The Consequences of Control
Developing Issues
- The Rise, Fall and Possible Re-Emergence of Deepening Insolvency Claims
- The Resurgence of Civil Rico Claims
Tips for Avoiding Lender Liability Claims (or Winning Those You Don't Avoid)
