Lender Liability and Banking Litigation

Lender Liability and Banking Litigation serves as a vital reference for legal professionals, in-house counsel, and financial experts engaged in lender liability matters. This in-depth guide not only covers how to successfully handle lender liability litigation but also presents proactive strategies to help avoid such claims altogether. It examines core theories of liability and offers detailed insights into important legal issues such as RICO violations, class action complexities, and discovery-related privilege concerns. The book provides practical advice from the viewpoint of inside counsel, including how to plan, budget, and manage litigation effectively. It also delves into trial preparation, case presentation, and the use of alternative dispute resolution as a means of settling disputes outside of court. To help reduce exposure to liability, it emphasizes proper documentation and strong administrative practices. Further topics include lawsuits targeting directors and officers of financial institutions, CERCLA-related concerns, and legal issues stemming from failed banks. Packed with practical resources, the guide includes sample legal documents such as borrower and lender counterclaims, voir dire questions, jury instructions, interrogatories, special verdict forms, and a comprehensive checklist for litigating loan agreements. This practical manual equips legal and financial professionals with the tools and knowledge to manage lender liability litigation with confidence and efficiency.

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