Banking Operations & Administration
… banking operations
… negotiable instruments
… check fraud
… funds transfers
… trust operations
… private banking
… foreign exchange
… international
operations
… credit cards
… investment banking
Lukins & Annis: Bank
of America adv
Sherman et al
Checking
account operations; account opening custom and practice; bank account monitoring
duties
Reback Hulbert McAndrews: Herzog
adv Puma
Bank operations
procedures for blocked accounts, account opening practices;
Markowitz, Herbold, Glade et al: Hostmann,
Inc. v Chase Manhattan Bank
Exception
items processing standards; Trustee banking account services
Clausen Miller: Tower
Group International v
Wells Fargo Bank
et al
Check fraud;
checking account opening procedures; endorsement verification requirements
Evans & Heil: Litke
v Bank of America
Bank depository
procedures; verification of check endorsements; review of banking statements
Clausen Miller: Travelers
Insurance v
Fulton Bank
Forged checks
and endorsements review, ATM deposit practices
Gibson Dunn & Crutcher: Cryoquip
adv Tokai Bank
Checking
account fraud; deposit acceptance
procedures; endorsement verification standards
Pettibone Law Office: Gresean
Industries adv
Wells Fargo Bank et al
Check and
wire transfer fraud; bank process, custom and practice
Firestein & Farrugia: Truck
Insurance v Wells Fargo v
Check cashing
procedures and standard of care; endorsement verification practices; check
fraud.
Drummy King White: Tabaz
v Refkin
Checking
account fraud; account opening practices;
signature verification; contributory negligence
Heller Ehrman White & McAuliffe: Economic
Overseas Development Corp. v
Norcross
Check endorsements, signature verification
and bank checking account controls and procedures
Ronald Gallant Law Office: Miller
v Home Savings FSB
Bank operations
policies and practices; Check cashing, signature verification, account changes
Cozen
& O'Connor: Fireman’s Fund Insurance
v Bank of America
Signature/
endorsement verification procedures and policies; check cashing practices
Jolley Unga Wirth: Driggers
v Driggers
Checking
account signature card procedures; account
ownership and withdrawal requirements
Nagler & Associates: Premium
Commercial
NSF checks handling; re-deposit and
notification procedures; offsets against lines of credit
Nelson & Freedman: Los
Robles Bank v
Banking
operations; signature verification
standards and practices; contributory negligence
Ronald Parsons
Law Office: Sarihan v Great Western Bank, Meyers Securities
Banking
industry standards and practices for acceptance and cashing of cashiers
checks
Gebhardt & Smith: First
National Bank of Maryland adv
Kirby
Checking
account payments, signature/endorsement verifications; loss protection procedures
Gibbons Lees & Connely: Coachella
Valley Joint Powers Ins. Agency v
Bank of America
Wire transfer
process, procedures and industry practices and policies
Proskauer Rose & Goetz: Banca
Del Sempione v
Provident Bank of Maryland
International
letters of credit documentation and interpretation, collections custom +
practice,
Arter & Hadden: Regency
Savings Bank v
Frazee East Property Partners
Bank marketing
and signage, post acquisition customer retention
Knapp, Marsh & Jones: Bitonti
v Wells Fargo Bank et al
Safe deposit
box operations; access policies, practices and industry custom
Saltzburg, Ray & Bergman: California
Commerce Bank v
Duarte
Foreign exchange and currency trading;
international funds transfers
Barton Klugman & Oetting: Bank
of America v
Hipolita
International Private Banking operations
and practices
Frandzel and Share: Bank
Leumi adv
Charles Dabby et al
Letter of
credit payments and collections; rights of offset and banking practices
Billet & Kaplan: California
Commerce Bank
Valuation
of branch customer lists; assessment
of competitive branch markets
Rutan & Tucker: 1st
American Title v
Askari
International banking operations;
funds transfers/documentation requirements in Europe/Bahamas
Smith Bentley & Hartnett: Stolec
adv Pabich
International banking operations;
Securities account vesting and characteristics
Westrup Klick & Associates: Pacific
Business Bank v
St. Paul Insurance
International banking operations;
foreign check clearing procedures; paying/clearing bank duties
Milbank Tweed Hadley & McCloy: Morrison
& Foerster adv
State Street Bank
& Trust
Corporate
trust disbursements; trustee functions, standards and practices
Prindle Decker & Amaro: F
& M Trust Co. adv
Grant
Conservatorship
duties and fiduciary responsibilities; trust accounting and records
California Attorney General: Stae
of California et al v
Bank of America
Trust account
fees/charges; trust department accounting
and fee allocation; paying agent functions
Gibson Dunn & Crutcher: Morgan
Stanley Dean Witter adv
Frank
Credit life/disability
insurance sales to credit card holders; custom and practice, sales agent
licensing
Bain Law Offices: Bank of America v Miller et al
Credit card
underwriting due diligence, industry practices re: business credit cards
Golden Law Offices: Choice
One Financial v
Fidelity Federal
Credit card
financing program profitability, credit scoring and credit risks
Carr & Ferrell: Promotions
Partners v
Bank of America
Credit card
issuance and controls; business banking account relationships; checking
policies
Del Tondo & Sheehan: Bongo
v Citibank International
Credit card
operations and fraud detection practices
Heller Ehrman White McAuliffe: Ernst
& Young adv
Iomagic
Investment
banking; IPO market conditions, feasibility of proposed financing
Ellison Hinkle & Bayer: Tolberg
v Household Bank
Branch purchase
and sale agreements, terms and conditions; FDIC asset sales
Dennis
Sullivan Law Office: Swiss
Bank Investment Banking v
Van Ness
Investment banking and syndications;
investment advisor role and duties; fiduciary responsibilities
…
banking management
…
director & officer liability
U.S. Department of Justice: U.S.
adv Hometown Savings
Assessment
of capital compliance and business plans; supervisory capital forbearances
U.S. Department of Justice: U.S.
adv Anchor Savings
Savings
& loan management practices; evaluation of business strategies
U.S. Department of Justice: Hansen
v United States
Bank's strategic
decisions re: branching, acquisitions, mortgage banking; S&L industry
trends.
Garvey Schubert & Barer: Resolution
Trust Corporation re:
Family Savings
Management of securities
investments and trading; Investment
policies; asset/liability management
Tuttle & Taylor: Resolution
Trust Corporation v
Baker
Board/management
contro/ oversight of syndications, subsidiary
investments and new venture
Benjamin Weil & Mezer: National
American Bank v
Liu
Director/officer
fiduciary duties and responsibilities in bank management and lending
Garvey Schubert & Barer: Resolution
Trust Corporation v
G Jacques et al
Board/management
actions/oversight in commercia and construction loans and investments.
Perkins Coie: Resolution
Trust Corporation v
Gillam et al
Board of
Directors oversight and control of commercial real estate lending activities
Tuttle & Taylor: Resolution
Trust Corporation v
Tushner et al
Board/management
control, policies and prudence of investments
and new businesses
Preuss Walker & Shanagher: Resolution
Trust Corporation v
Dennerline
Board/management
oversight and control of lending program, policies and personnel
Post Kirby Noonan & Sweat: Jones
adv Thrift Guaranty Fund, FDIC
Financial
viability of company, duties of disclosure to stockholders, regulatory issues
…
loan underwriting
… credit evaluation
… lines of credit
John Peter Lee Ltd.: Kusamoto
v Silberstang
Residential lending loan approval
and underwriting criteria and requirements
Kravitz Schnitrzer & Sloan: Goodman
v 1st Security
Residential loan underwriting;
lender’s due diligence customs and practices
Frandzel & Share: 1st
Professional Bank adv
Schmier
Commercial real estate loan underwriting;
lender due diligence requirements
Lasky Haas & Cohler: First
Republic Bank v
RLI Insurance
Bank lending practices and standards
for multi-family properties; earthquake damages
Jerry
Neal Law Office: Pacwest
Bancorp v
Pasadena Co
Loan underwriting information standards;
due diligence in note purchase re: office building
Kirk
Barber Law Office: Williams
v City of Lake Elsinore
Impact of environmental restrictions
on loan underwriting developed/undeveloped properties
Knopfler & Robinson: Goodyear Tire adv Falaschi
Lending practices and financeability
of environmentally contaminated commercial real estate
Paul Hastings Janowsy & Walker: Downey
Savings v
Sifferman
Commercial loan underwriting
Browne & Woods: Rubin
adv Axelrod et al
Toxic contamination effects on commercial
real estate loan underwriting; loan feasibility
Charlson Revich & Williams: Hart
adv First Federal Savings Bank
Multi-family loan underwriting standards
and requirements
Baker, Silberberg & Keener: Rubin
adv Axelrod et al
Toxic contamination effects on commercial
real estate loan underwriting; loan feasibility
Ramseyer & Kuhlman: La
Jolla Shores Clubdominium adv
Scripps Bank
Bank loan underwriting and due diligence
for non profit organizations; lending custom/practice
Wilson, Kenna, & Borys: Lawyers
Surety Group v
Tookey et al
Loan underwriting and appraisal criteria;
title search and insurance requirements
Folger & Levin: Shidler
v Household Commercial Finance Corp
Loan guarantor underwriting practices
and industry custom
Preuss Walker & Shanagher: Resolution
Trust Corporation v
Dennerline
Commercial and construction loan
underwriting and administration; lending
policies
Kravitz
Schnitrzer & Sloan: Goodman v 1st Security
Line of credit lending; renewal approval
policies and practices; impact of bank ownership changes
Morrison & Smith: ICI
Funding v
Cal Coast
Mortgage banking loan sales and repurchases;
compliance with investor criteria
Morrison & Smith: ICI
v Associated + Westmark
Mortgage banking loan sales and repurchases;
compliance with investor criteria
Frandzel & Share: Cathay
Bank v Quan
Business/commercial lending, loan
underwriting and approval customs & practices
Frandzel & Share: Republic
Bank v Guardian Savings/Resolution
Trust Corporation
Residential loan underwriting;
lender’s due diligence customs and practices
…
business loans
… asset-based lending
… letters of credit
Balestrerie Pendleton & Potocki: Abatti
v Floyd
Agricultural
lending agreements; custom & practice
Clapp Peterson & Stowers: Still
adv Cunningham
Commercial
business loan guarantees; interpretation
and enforceability
John Peter Lee Ltd: Prima
Donna Hotel v
Laughlin National Bank
Business
loan underwriting and commitments; management of banking relationships
Morrison & Foerster: Wells
Fargo Bank v
Ernst & Young
Asset based
lending ; underwriting, field audits and funds controls.
Helsell Fetterman LLP: Baypack
Fisheries v
Nelbro Packing Co
Line of
credit lending; renewal approval policies and practices; fisheries/processing
loans
Jones Vargas: Bank
of America adv
Nevada Coin Mart
Troubled
commercial loan workout practices; Line of credit renewals and denials
Bain Law Offices: Bank
of America v
Miller et al
Credit card
underwriting due diligence, industry practices re: business credit cards
Callahan McCune & Willis: TRW
adv Martino
Evaluation
of credit impairment due to incorrect credit reporting; lender underwriting
standards
Deming Law Office: Black
v Otabai Inc
Lender liability,
problem loan workouts, broker standards and rights
Folger Levin & Kahn LLP: Wentworth
adv Willis
Structured
financing agreement; borrower's creditworthiness and financing alternatives
Donaldson Law Offices: Johnstone
v First Bank NA
Large commercial
credit underwriting; anti-tying regulatory requirements and standards
Ivanjack & Lambirth: Liberty
Leasing v
Peacox Ventures LLC.
Interpretation
of equipment leasing terms ; bank vs. leasing company practices
Kirkland & Ellis: Hughes
Direct TV v
G.E. Capital
Consumer
credit financing programs; TIL compliance; underwriting and collections
Winston & Strawn: Chase
Manhattan Bank v
Bank Brussels Lambert
et al
Major international
loan syndications; structure, duties and fees for agent and lead banks
Kravitz Schnitrzer & Sloan: Goodman
v 1st Security
Line of
credit lending; renewal approval policies and practices; impact of bank
ownership changes
Frandzel & Share: Far
East National Bank adv
Woodglen Pacific
Secured
lending underwriting practices, due diligence expectations and custom
Haynes, Brydon and Lea: Sequoia
National Bank v
Schleifer
Bank loan
funding and closing; escrow custom and practice
Paul Hastings Janowsy & Walker
Janowsky & Walker: Downey Savings adv Sifferman
Application
of Equal Credit Opportunity Act; enforceability
of loan guarantees.
Blanchard Krasner & French: People
Feeders Inc. adv.
IRS
Tax court
opinion on corporate acquisition financeability and sources of repayment
Ropers Majeski Kohn & Bentley: Televideo
v Wooam Data et al.
Letters
of credit industry customs, practices
and procedures
Aguirre & Meyer: William
Dick et al v
Western Trust Services et al
Bank loan
monitoring procedures and practices; lending
policies and standards
Damrell Nelson Schrimp et al: Arismendi
et al adv
Union Safe Deposit Bank
Insider
transactions; lending practices,
and regulatory issues and relationships
Frandzel & Share: City
National Bank v
Janneck
Line of
Credit lending, loan approval policies
and practices
Folger & Levin: Shidler
v Household Commercial Finance Corp
Loan guarantor
underwriting practices and industry custom
Frandzel & Share: Cathay
Bank v Quan
Business/commercial
lending, loan underwriting and approval customs & practices
… construction lending
… loan disbursements
… lender liability
Lum, Danzis, Drasco et al: Ocean
Club Condominium HOA v
vs. MLM, Bank of
America
Large construction
loan administration; loan disbursement controls, bank/borrower relationships
Johnson & Associates: Veasey
v Valley Independent Bank
Bank administration
of construction loan; inspections, costs to complete, contractor relationships
Perez & Hawes: Upland
Bank adv
Spring Mountain Homes
Construction
lender custom/practice in managing project completion; troubled development
loan.
Bruce
Dunn & Associates: Malley
v Tokai Bank et al
Construction
loan disbursement practices; loan payment tracking
Bank of America General Counsel: Bank
of America adv
American Motorist Insurance
Residential
construction loan practices; disbursement procedures; set-aside" letters.
Folger Levin & Kahn: Granite
Mortgage v
Paragon
Construction
funding availability; residential development joint venture loan underwriting
Rutan & Tucker: Union
Bank v Phair
Construction
loan underwriting practices; bank
fiduciary duties in loan management and funding
Garvey Schubert & Barer: Resolution
Trust Corporation v:
Jacques et al
Major construction,
commercial, residential and business lending and investments, lending policies
Pillsbury Madison & Sutro: Manufacturers
Bank v Henry et al
Construction
loan administration and inspection customs, practices and standards
Frandzel & Share: Universal
Savings v
Via Maria Homeowners Association
Lender liability;
Construction lenders‘ functions, duties and actions
Gibson Dunn & Crutcher: Union
Federal Savings adv
Doyle
Construction
loan administration, inspections and disbursements - retail/commercial development
Monteleone & McCrory: Western
Landscape v
Bank of America, HLC Construction
et al
Construction
loan funding and administration customs and practices; lien releases
Morris Polich & Purdy: Swanson
v Shahbazi
Lenders
liability: Construction lender’s role and actions in problem asset
marketing
Stuart Waldrip Law Office: First
Fidelity Thrift & Loan adv
Higgins
Lender liability;
Construction lending and funds disbursements
practices and industry custom
Frandzel & Share: East
West Federal Savings Bank
adv Wong
Residential
construction lending administration practices, disbursement controls and
procedures
Doonan Law Offices: California
State Bank adv
Gallardo et al
Lender Liability : Construction loan
administration & inspections, lender duties and standards
Foreclosures,
Bankruptcy & Workouts
… foreclosures
… loan workouts
Paul Hastings Janowsy & Walker
Janowski et al: DSL Service Company v v Heitzler
Banking
due diligence standards in loan purchases and collection dispute resolution
Philpson & Simon: Kimball
Ave LLC adv
Gardenmate Pipe
Foreclosure
notice and documentation practice and procedures; Trustee functions/duties
Alvarado Smith Villa & Sanchez: Cooper
Fellowship adv
Riviera Financial Corp.
Foreclosure
practice and procedures re: large income property loans
Agapay Levyn & Halling: Bazyler
v Hawthorne Savings
Bank lending
in foreclosure sale; foreclosure custom and practice.
Genson Even Crandall & Wade: Boone
v G.E. Capital Mortgage Services Inc.
Bank loan
servicing and accounting practices re: bankruptcy filings and stipulation
Evans Farber & Cipinko: McFarlane
v Great Western Bank FSB
Residential
loan foreclosure procedures, problem loan practices and industry standards
Frandzel & Share: Hanmi
Bank v Kim et al
Enforcement
of loan guarantees, problem loan workout practices and standards
Seyfarth Shaw Fairweather: Palm
Plaza Bundy Partnership v
Citibank
Major income
property foreclosure practices and lenders standards of care
Jones Vargas: Bank
of America adv
Nevada Coin Mart
Troubled commercial loan workout
practices; Line of credit renewals and denials
Mortgage Banking/Loan Servicing
… mortgage banking
… loan servicing
…secondary market transactions
…mortgage securities
Ericsen Arbuthnot: Universal
Funding adv
Contresras
Mortgage broker functions; loan terms
disclosure; sub prime lending practices
Post Kirby Noonan: Dean
v GMAC Commercial Mortgage
Large commercial real estate loans;
evaluation of underwriting, quality and loan officer functions
Genson Even Crandall & Wade: Boone
v G.E. Capital Mortgage Services Inc.
Bank loan servicing and accounting
practices re: bankruptcy filings and stipulation
Rutan & Tucker: Imperial
Credit v
Vilotti
Residential lending markets; loan fraud detection ; underwriting/appraisal
reviews and controls
Bonar Incorvaia Glancey: Guild
Mortgage Corp adv
Shelton
Mortgage banking accounting, administration
and organization re: wrongful termination claim.
Manatt Phelps Phillips: M-West
Mortgage v
United California Savings Bank
Forensic accounting; purchase/sale of mortgage loan servicing portfolio
Wesierski & Zurek, LLP: Hoover
adv Ameriquest
Appraisal reviews in mortgage lending;
fraud detection; loan underwriting standards and practices
Kirkpatrick & Lockhart LLP: Impac
Mortgage Holdings v
Salomon Brothers
Mortgage backed securities purchases;
due diligence standards and disclosure requirements
Federal Deposit Insurance Corp.: FDIC
adv Bank United
Loan purchase due diligence standards,
ARM loan interest adjustments
Heller Ehrman White & McAuliff: Bank
of America adv
Gordon
Class action defense; federal pre-emption of state regulations re
loan servicing fees
Incorvaia & Associates: Mical
Mortgage v
Glanz
Loan sale representations and warranties:
loan underwriting and file review in loan fraud
Tuttle & Taylor: FDIC
adv. Bankers Trust
Sub-prime residential loan servicing;
Damages assessment in REMIC losses
Jeffer Mangels Butler & Marmaro: Homac
v Linsco
Mortgage servicing rights acquisition;
valuation methodology; Securities offering disclosures
Federal Deposit Insurance Corp.: FDIC
et al adv
Matrix Capital Corporation
Interpretation of mortgage servicing
rights in mortgage securitizations
Tuttle & Taylor: FDIC
adv. Bankers Trust
Damages assessment in REMIC losses;
Sub-prime loan underwriting and servicing;
Morrison & Smith: ICI
Funding v
Cal Coast
Mortgage banking loan sales and repurchases;
compliance with investor criteria
Douglas
Smith Law Office: ICI
v United Financial
Mortgage loan sales representations
and warranties; loan underwriting
Morrison & Smith: ICI
v Associated + Westmark
Mortgage banking loan sales and repurchases;
compliance with investor criteria
Hinchey Witte Wood: Mountain
States Mortgage
Loan servicing practices; NOD processing; secondary market reps and warranties.
Sidley & Austin: Alicante
Plaza adv
Anchor Bank et al
Participation loan lead-lender servicing
and foreclosure management
Morrison & Smith: Imperial
Credit Industries v
Marathon National
Bank
Loan sale representations and warranties:
enforceability, customs and practice
Rutan & Tucker: Imperial
Credit Industries, Inc. adv
Vilotti
Mortgage loan fraud detection/prevention,
quality control, market conditions and damages
Weinhart & Riley: Headlands
Mortgage
Reliance by lenders on title insurance;
loan underwriting and closing standards and practices
Wilke Fleurie: KPMG
Peat Marwick adv
Bank of America
Mortgage banking industry trends
and conditions
Wrongful Termination, Employment
& Compensation Disputes
…
wrongful termination
…
compensation
….
labor law compliance
Quinn Emanual Urqhart: Lewis
Homes v Olsen
Wrongful
termination; opinions on employability, search efforts, market opportunities
Internal Revenue Service: Internal
Revenue Service v
US Bankcorp
Executive
compensation at banks and mortgage banks; assessment of excessive compensation
Preston Gates & Ellis: The
Pacific Bank adv
Eckersley
Wrongful termination; Employment contract terms; golden parachute
enforceability; appropriate pay
Westrup Klick & Associates: Friedman
v Terminex
California
labor law compliance; overtime compensation for exempt personnel
Berger Kahn Shafton: Bakall
v San Diego Water Authority
Wrongful
termination claim; executive duties and responsibilities following corporate
reorganization
Westrup Klick & Associates: Dent
Wizard/Ames Acquisition v
California
labor law compliance; overtime compensation for exempt personnel
James
Miller Law Office: Nelson
v Farmers Insurance
Wrongful
termination; duties & requirements
of loan origination employees. Damages
assessment
Thompson & Heller: Carpenter
v US Bancor
Personnel
evaluation and counseling practices; standards and customs in executive
severance
Lawless & Horowitz: Funch
v Santa Cruz Federal Employees Credit Union
Wrongful
termination; fidelity bond; standards of management actions and behavior
Bonar Incorvaia Glancey: Guild
Mortgage Corp adv
Shelton
Wrongful
termination, mortgage banking accounting, administration and organization.
Nemecek & Cole: Trident
Financial adv
Hansen
Severance
compensation analysis; industry
custom and practice
Leland A. Stark: Rene Day v Burlage, World et al
Valuation
of employment contract and damages incurred
Securities, Trusts And Investments
… securities
… securities brokerage
… trusts & fiduciaries
… investment management
Breidenbach Buckley Huchting et al: Kim
et al adv
Born
Damages
calculation involving private equity investments, insurance policies, opportunity
costs
Kirkpatrick & Lockhart LLP: Impac
Mortgage Holdings v
Salomon Brothers
Mortgage
backed securities purchases; due diligence standards and disclosure requirements
Jeffer Mangel, Butler & Marmaro: Homac
v Linsco
Mortgage
servicing rights acquisition; valuation methodology; Securities offering
disclosures
Dennis
Sullivan Law Office: Swiss
Bank Investment Banking v
Van Ness
Investment
banking and syndications; investment advisor role and duties; fiduciary
responsibilities
Tuttle & Taylor: Resolution
Trust Corporation v
Baker
Board/management
control and oversight of syndications,
subsidiary investments/new venture
Berman Berman & Berman: Bauer
v Premium Construction
Securities
broker earnings potential; damages assessment
Frandzel Robins Bloom et al: Bank
of America adv
Kallaniotes
Investment
advisory practices, standards and levels of due diligence
Silvio
Nardoni Law Offices: Dubrow
v Mack
Fiduciary
trustee actions; assessment of investment decisions/practices; self dealing
conditions
English & Gloven: Bullis
v A.G. Edwards
Securities
broker investment advice; standard
of care and due diligence requirements.
Finer, Kim & Stearns: Fogg
v Merrill Lynch
Securities
broker trading standards and duties, options trading
Lorenz Adelhaff/Smith & Brown: McLanahan
v Rancho Santa Fe Bank
Investment funds escrow practices; escrow cancellation
instructions; funds release requirements
Thelean Marrin Johnson & Bridges: Hall v Bear Stearns
Brokerage
accounts management and controls; funds transfer procedures, broker standard
of care
Troop Steuber Pasich: Kenwith
v First Investors
Investment
suitability ; investment advisor
actions and standards; limited partnership investments
Donaldson Law Offices: Advantage
Partners v
Invesco
Valuations
and damages calculations re: closed end mutual fund investments
Sidley & Austin: City
of Orange v
Alabama Treasury Advisory Program
Securities
fraud; settlement procedures; transaction structure and reporting
Sieveke Law Office: Fier
v Newport Home v
Broker standards
re: investment counseling; investment suitability; self directed retirement
plans
Johnson Law Office: Leach
Trust v H.J. Meyers, Kemper Securities
et al
NASD arbitration;
securities broker duties, investment suitability; account churning &
commissions
Ronald Parsons
Law Office: Sarihan v Great Western Bank, Meyers Securities
Securities
brokerage back office operations; funds
receipt, check deposits, account
credits
Perona, Langer & Beck: Burrell
v Gene Morgan et al
NASD arbitration;
broker duties and standards, investment disclosure/suitability; account
churning.
Tuttle & Taylor: Resolution
Trust Corporation v
Tushner et al
Oversight,
control and policies for securities investments and trading
Winkelman Law Office: Trust
of Veola Nelson re:
Fiduciary
trustee’s fees
Aguirre & Meyer: William
Dick et al v
Western Trust Services et al
Custodial trustee duties and fiduciary responsibilities;
bank account relationships and monitoring
Garvey Schubert & Barer: Resolution
Trust Corporation re:
Family Savings
Securities
investments and trading; Investment
policies; asset/liability management
Ward Kroll Jampohl: Wolflick
et al adv
Creedon
Securities
brokers standards of care; investor
advice and portfolio concentration
Real Estate Appraisals &
Valuations
… real estate appraisal
… market rent evaluation
Freedman & Taitelman: Friedman
v Lapenda dupl
Retrospective
appraisal of residential real estate; impact of property defects on values
Matsui & Hickman: Home
Federal Mortgage Corp. v
Aguirre
Appraiser
negligence; compliance with appraisal standards for residential appraisals
U.S. Department of Justice: U.S.
adv Landmark Land and FDIC
Real estate
appraisal practices and standards; valuations of $1 billion+ real estate
Owen & Post: Star
Insurance
Shaw Associates
Retrospective
residential appraisal as of a series of
valuation dates re surety agreement
Kinkle, Rodiger & Spriggs: McDermott
v Dutton
Appraisal of residential construction
defects/property values; impact of defects on value; cost of repairs
U.S. Department of Justice: Admiral
v United States
Evaluation
of multiple commercial real estate appraisals; reappraisal opinions and
analysis
Hart King & Coldren: JoJo's
v City of Anaheim
Business
valuation/damages assessment in condemnation;
restaurant and real estate valuation
Knapp Peterson & Clarke: Simon
v San Paulo Bank
Damages re: office building in failed purchase; determine market
rentals/values
Chapman & Glucksman: City
of Malibu
Spiros et al
Valuation of properties affected
by flood/landslides; full, partial and restricted property appraisals
Pollet & Woodbury: James
Paulson
Prevailing lease rates and market
conditions for retail space
Alvarado Smith Villa & Sanchez: Cooper
Fellowship adv
Riviera Financial Corp.
Retrospective
appraisal of large asbestos-contaminated apartment complex
Real Estate
… escrow & title
… broker duties/standards
… brokerage & leasing
… real estate development
… syndication/investments
Miller Starr Regalia: Syufy
Enterrises v
Gasoline Alley
Commercial
real estate leasing; interpretation of
lease terms for retail space
Lorenz Adelhaff/Smith & Brown: McLanahan
v Rancho Santa Fe Bank
Investment
funds escrow practices/standards; escrow cancellation instructions; funds
release
Quinn Emanual Urqhart: Lewis
Homes v Olsen
Wrongful
termination; opinions on employability, search efforts, market opportunities
Folger Levin & Kahn: Granite
Mortgage v
Paragon
Construction
funding availability; residential development joint venture loan underwriting
Sieveke Law Office: Fier
v Newport Home v
Broker standards
re: investment counseling; investment suitability; self directed retirement
plans
Grossman Law Office: Tamanjan
v Fountain Valley School District
Real estate
development lending; funding availability;
effect of regulatory attitudes
Zilinskas & Jacobs: Adrian
v Price Waterhouse
Real estate
syndications; investment unit pricing and disclosures
Paul
Greenwald & Associates: Yamanuha
v Takahashi
Interpretation
of investment partnership agreement; partnership vs. loan structures.
Fernando
Tafoya Law Offices: Rodriguez
v Remon, Realty World et al
Real estate
brokers’ duties and responsibilities
Hawkins & Sofonio: Sofonio
v First American Title
Title insurance
coverage; claims handling bad faith
Mitchell, Silberberg & Knupp: Sharps
v Hamilton
Real estate
development practices, nature of financing, damages assessment
Tuttle & Taylor: FDIC
v County of Los Angeles et al
Property
tax levies and penalties; financing properties subject to liens
Pizzulli Law Office: Hacienda
Malibu Partners v
Kalisch
Title policies;
title insurance coverage and interpretation
Paluso & Sceper: Mount
v 1st Team
Real estate
broker duties and responsibilities re: borrower representations; financing
due diligence
Bacon & Mills: CFK/JZK
adv Stahl Trust
Financing
availability to mitigate construction defects; lender policies on commercial
properties
Avner, Avner & Heyman: Hawthorne
Savings Bank adv
Takaki
Loan escrow
custom and practice; lender and escrow agents’ fiduciary responsibilities
Dimarco & Araujo: Gold
adv Heath
Resort development
feasibility and financing; equity
and debt financing practices and markets
Morrison & Foerster: Corporate
Property Investors v
Upscale Foods
Regional
mall leasing; market conditions; damages mitigation
Musick Peeler & Garret: Chase
Manahattan Trust Co. v
Bank of Amrica,
et al
Commercial
real estate sale/leaseback structure and terms, refinancing feasibility
Conkle & Olesten: Landpac
v ABQ Bank,
Land development and joint venture
transactions and practices
…
insurance coverage
… bad faith claims
… broker standards
… claims handling
Berger, Kahn & Shafton: 1st
State Bank adv
Jenny Craig
Insurance
pooling agreements and structures; Insurance
settlement hearings and recovery rights
Gibson Dunn & Crutcher: Morgan
Stanley Dean Witter adv
Frank
Credit life/disability
insurance sales to credit card holders; sales agent licensing
Lobb Cliff Heaton & Roth: American
Danatron v
Joseph Insurance Services et
al
Commercial
liability insurance coverage; broker practices and standards of care
Pizzulli Law Office: Hacienda
Malibu Partners v
Kalisch
Title policies;
title insurance coverage and interpretation
Akerman Senterfit & Edison: Florida
Marlins v
Near North
High end
disability insurance coverage; broker
standards of care, insurance availability
Borton, Petrini & Conron, LLP: Rico
Pfitzer & Pierce adv
Singh
Life insurance
broker standards of care, agent supervision; coverage interpretation
Breidenbach Buckley Huchting et al: Developers
Insurance v
Lapis Energy
Surety bond
underwriting , standard of care; coverage interpretation; claims handling
Grant Genovese et al: Founders
Insurance Brokers adv
Western Dental
Broker standards
of care; self funded health insurance coverage; broker/risk manager duties
Westrup Klick & Associates: Pacific
Business Bank v
St. Paul Insurance
Bankers
blanket bond coverage interpretation, claims handling
Kearney Alvarez, LLP: Lapis
Energy, Lesron Surety adv
Developers Insurance
Co.
Construction
surety bond underwriting; standards of care in bond issuance; claims/payoff
practices
Hart King & Coldren: Rossier
v Hodgekiss et al
Broker/agent
standards of care; insurance coverages for schools
Kearney Alvarez, LLP: Alistar
v Superior Access
Insurance
claims handling; evaluation of claims reserves for high risk P&C policy
claims
Pansky & Merkle: Noble
v Helvestine
Valuation
of Third Party Administrator company re damages; assessment of company solvency
Berger Kahn Shafton: LaCombe
Security v
Monticello Insurance
Failure
to defend; insurance pooling agreements structure; net worth analysis of
insurance carriers
Sabih & Associates: Shepherd
v Monumental Life
Mortgage
life insurance sales/underwriting practices; coverage interpretation; premium
evaluation
Tuttle & Taylor: Simi
Valley Hospital v
1st Health
Health insurance
claims administration; functions and duties of third party administrators
Hawkins & Sofonio: Sofonio
v First American Title
Title insurance
coverage; claims handling bad faith
Hall & Baily: Bank
of America v
Chrysler et al
Title insurance standards; commercial real estate loan documentation; lender due diligence
Hill Genson Even Crandal: State
Farm Insurance adv
Stoykovic
Statistical
issues and analysis of patterns in claims handling
Damages, Valuations & Economic
Analysis
Tuttle & Taylor: FDIC
adv. Bankers Trust
Damages
assessment in REMIC investment losses; sub prime residential loan
servicing
Pansky & Merkle: Noble
v Helvestine
Valuation
of Third Party Administrator (TPA) for damages claim; assessment of company
solvency
Ellison Hinkle & Bayer: Tolberg
v Household Bank
Branch purchase
and sale agreements, terms and conditions; FDIC asset sales
Billet & Kaplan: California
Commerce Bank
Valuation
of branch customer lists; assessment
of competitive branch markets
James
Miller Law Office: Nelson
v Farmers Insurance
Damages assessment in wrongful
termination; duties of loan origination
employees.
Alvarado Smith Villa & Sanchez: Cooper
Fellowship adv
Riviera Financial Corp.
Retrospective
appraisal of large asbestos-contaminated apartment complex
Berman Berman & Berman: Bauer
v Premium Construction
Securities
broker earnings potential; damages assessment
Breidenbach Buckley Huchting et al: Kim
et al adv
Born
Damages
calculation involving private equity investments, insurance policies, opportunity
costs
Knapp Peterson & Clarke: Simon
v San Paulo Bank
Damages
re: lost income/appreciation of office building in failed purchase; market
rentals/values
Chapman & Glucksman: City
of Malibu
Spiros et al
Valuation
of properties affected by flood/landslides; full, partial restricted property
valuations
Hart King & Coldren: JoJo's
v City of Anaheim
Business
valuation and damages assessment in condemnation; restaurant and real estate valuation
Hill Genson Even Crandal: State
Farm Insurance adv
Stoykovic
Statistical
issues and analysis of patterns in insurance claims handling
McClung & Davis: Thomas
v Jasmine Partners
Damages
assessment - fixed rate versus variable note financing
Selected Recent Large-Scale Damages Litigation Assignments
…
damages analysis
…
valuations
…
economic analysis
…
forensic accounting
Landmark Land
v United States
Retained by
the U.S. Department of Justice to serve as consultants and testifying experts
for the defense in complex litigation claiming breach of contract damages
of $2.0 billion. Three testifying
experts from MCS Associates, supported by a team of 10-12 consultants, analysts
and paralegals provided expert opinions, research and litigation support
on real estate valuations involving properties across the U.S., damages
and damages theories, and rebuttal of opposing expert opinions.
Washington
Mutual FSB v. Federal Deposit Insurance Corp.
Acting as
consultants to the defendant, MCS Associates’ team for this assignment
comprised damages analysts, a lending expert and mortgage loan servicing
consultants. The analysis encompassed
several thousand properties and related mortgage loans, and included formulating
damages and rebuttal theories, and calculation of the potential range of
damages related to $450 million in poorly performing mortgage securities.
JoJo’s v City of
Anaheim
MCS Associates’
expert witness was retained to provide a report and testimony regarding lost profits and other damages arising from
condemnation proceedings by California’s Department of Transportation. The assignment involved real estate valuation,
business profit /loss projections and evaluation/responses to defendant’s
expert witness opinions.
Federal Deposit
Insurance Corporation v. Los Angeles County et al
This litigation
involving 27 defendant counties in California required research, analysis
and testimony by MCS Associates’ expert witness regarding the component
amounts of disputed claims by the counties against the Resolution Trust
Corp. and the FDIC. Research, data
base management and calculations were completed for extended periods of
time and several thousand properties, by a support team of real estate lending
expert consultants, data base programming and paralegal personnel.
Hometown Savings
v United States
One of five
major complex litigation matters in which MCS Associates is presently retained
by the U.S. Department of Justice. Expert
witness analysis and opinions involve interpretation of contractual provisions,
relevant accounting treatment, and evaluation and rebuttal of the basis
for and calculation of claimed damages. Teams comprising 2-4 consultants, technical
advisors and paralegals are assigned to each case in support of the testifying
experts.
Accounting & Forensic Accounting
Perez & Hawes: Upland
Bank v Spring Mountain Homes
Forensic
accounting; review of construction
loan fundings and costs
U.S. Department of Justice: U.S.
adv Old Stone
GAAP and
regulatory accounting practices, treatment of supervisory capital forbearances,
Manatt Phelps Phillips: M-West
Mortgage v
United California Savings Bank
Forensic
accounting; purchase/sale of mortgage
loan servicing portfolio
Bonar Incorvaia Glancey: Guild
Mortgage Corp adv
Shelton
Mortgage
banking accounting, administration and organization.
U.S. Department of Justice: U.S.
adv Hometown Savings
Assessment
of capital compliance and business plans;
GAAP/Regulatory accounting standards