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Federal Jury Unanimously Rejects HBOR Claims Brought Against National Mortgage Servicer

by Mark I. Wraight |

A jury in the United States District Court, Eastern District, unanimously found in favor of national mortgage servicing company on borrower’s claim for breach of the implied covenant of good faith and fair dealing arising from his claims that defendant mishandled his loan modification application. In one of the first trials in the state on claims arising under the California’s… Read More

Arbitrator Finds For National Bank, Rejecting Claims That It’s Wire Transfer Security Procedures Were Not “Commercially Reasonable”

by Mark I. Wraight |

Claimant was the victim of a business email compromise fraud. Claimant’s Financial Controller initiated several large wires transfers in reliance on fraudulent email instructions. Claimant brought claims against its bank under Article 4A of the Uniform Commercial Code, alleging that the bank did not have commercially reasonable security procedures in place. The Arbitrator rejected all of claimant’s claims, entering an… Read More

Lender and Trustee Successfully Defend Multi-Million Dollar Lien from Subdivision Map Act Attack

by Elizabeth C. Farrell |

Plaintiff sought to strip multi-million dollar lien, alleging mortgage lender’s security interest was void under the Subdivision Map Act. After defendant-lender and trustee successfully moved for summary adjudication on plaintiff’s claims for slander of title and unfair business practices, the trial court entered judgment in favor of defendants on the remaining quiet title and declaratory relief claims. The court completely… Read More

Risk Management Training

Based on the overlapping experience of litigation and project planning and contracts, over 250 training sessions provided for individual firms and industry groups. The focus is most often on lessons learned (and illustrated) from the projects with claims or challenges with corresponding strategies and tools to proactively overcome those risks. Read More

Contract Drafting

Drafting of standard templates and alternatives as well as individual contracts for specific projects spanning all sizes and project types. Read More

Contract Negotiation

Whether behind the scenes or face-to-face, negotiation of millions of dollars of design and construction contracts spanning all sizes and project types from public museums to schools to infrastructure to residential – and more. Read More

Contract Review

Based on a focused priority of key contract clauses impacted project success and claims, review and commentary on thousands of contracts nationally and locally. Read More

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