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: ChoiceOne 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/S&L Management, Director & Officer Liability
… 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 control/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
Credit Underwriting
… 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 Lending
… 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 standardof 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
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
Evaluationof 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
… 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
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