Assessing and Avoiding Lender Liability Claims: Don't Let Borrowers or Guarantors Turn the Tables
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CD & Manual | ||
| 386502TMX | $249.00 USD |  |
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89 Min. Audio MP3 - No shipping cost | ||
| 386502POD | $249.00 USD | |
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| Credit Details | |||
| What is a Podcast? | |||
Benefits
Continued economic uncertainty and unrest in the credit markets has resulted in a dramatic increase in loan defaults and corporate bankruptcy filings. These events have precipitated a resurgence of lender liability claims as borrowers, guarantors and bankruptcy trustees have become more aggressive in asserting such claims in an effort to increase their leverage in workout negotiations and to augment the recovery of unsecured creditors in bankruptcy cases. 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. This teleconference will analyze the most common lender liability claims and explore emerging theories of liability, including deepening insolvency and the recent resurgence in the use of civil RICO. Equally important, the teleconference will offer concrete, practical steps for avoiding lender liability claims. The 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 unnecessary litigation and maximizing the lender's recovery in a challenging legal and economic environment.
Agenda
| Common Theories of Lender Liability – An Overview | |
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| The Covenant of Good Faith and Fair Dealing – What Page of the Credit Agreement Is That on? | |
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| The Importance of Discretion When Exercising Discretionary Clauses in Credit Agreements | |
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| Control – When Does Monitoring Go Too Far? | |
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| Developing Issues | |
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| Tips for Avoiding Lender Liability Claims (or Winning Those You Don't Avoid) | |
Faculty
Andrew J. Wronski, Foley & Lardner LLP
Andrew J. Wronski
- Partner with Foley & Lardner LLP in Milwaukee
- Serves as the chair of the Milwaukee Office Litigation Department, the firm’s largest assemblage of litigators, and is a member of the firm’s Litigation and Business Reorganization Practice Group
- Focuses on trial work involving complex, financial, commercial and insolvency-related litigation
- First-chaired complex litigation cases involving banking and finance, lender liability, commercial loan enforcement and workouts, insolvency-related litigation under the United States Bankruptcy Code and state law insolvency provisions, the Uniform Commercial Code, federal and state securities laws, the Racketeer Influenced Corrupt Organizations Act and other matters involving sophisticated commercial transactions
- In addition to counseling clients on lender liability, insolvency and other complex litigation matters, appears regularly in federal and state courts across the country and has tried jury cases in the Western District of Wisconsin, the Northern District of Ohio, the District of Arizona, the Southern District of Florida and Wisconsin state courts, as well as additional bench trials and proceedings before the American Arbitration Association
- Member of the American Bankruptcy Institute and the Turnaround Management Association, and is a member of the board of directors of the Milwaukee Bar Association
- Bachelor’s degree, magna cum laude, Marquette University
- J.D. degree, summa cum laude, Order of the Coif and articles editor of the Minnesota Law Review, University of Minnesota Law School
These Materials are Designed For
Attorneys, presidents, vice presidents, branch managers, lending and loan officers, mortgage brokers, accountants and loan department personnel
| CD & Manual | - CD Set with bound 40 page manual |
| Podcast | - 89 Minute MP3 with 40 page electronic manual - Immediate Access and No Shipping Cost |
