Lender Liability Trends and Updates in 2019: Everything You Need to Know
In cases when a lender exercises undue and excessive control over a borrower's concern, lender liability usually emerges on the surface, which makes the lender liable for the damages and sanctions to the borrower.
With recent court rulings, important case law, regulatory developments as well as exposure to possible risks and pitfalls in the lender liability landscape, it becomes more essential for the credit market to examine all possible defenses that will mitigate the risk of engaging in unauthorized practice of law that might lead to potential lender liability claims.
In a LIVE Webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will discuss the pivotal issues, trends and recent developments surrounding the lender liability landscape. Speakers, among other things, will also offer helpful insights and compliance strategies for businesses.
Key topics include:
- Lender Liability – An Overview
- Damages and Penalties
- Identifying Liability
- Types of Liability
- Safeguard and Defenses
- Recent Court Decisions
- Trends and Updates in 2019
Derrick S. Boyd, Founding Partner
Boyd Powers & Williamson
- Lender Liability Cases in the context of the Special Assets/Work Out Group
- The Ends do not always justify the Means
- “No obligation to be truthful with borrowers”
- Damages recoverable by borrowers/guarantors
- Direct and Consequential Damages
- Non-Economic Damages
- Standing – Who owns the claim?
- Statute of Frauds
- Potential Traps in the Loan Agreements
- Limitation of Liability
- Arbitration/Venue/Waiver of Jury Trial
- Forbearance Agreements
Michael R. O’Donnell, Co-Managing Partner
Riker Danzig Scherer Hyland & Perretti LLP
- Potential pitfalls under RESPA’s Section 8 rules regarding referrals
- A lender’s duties with regard to qualified written requests under RESPA
- Proper responses to loss mitigation requests under RESPA
Who Should Attend:
- Attorneys in Banking and Finance
- Class Action Litigators
- In-house Counsel
- General Counsel
- Financial Services Firms
- Bank and Financial Institution Executives
- Chief Financial Officers
As a founding partner of BPW, Derrick focuses on business disputes, including bank fraud, lender liability, unfair competition cases, intellectual property disputes (patents, trademarks and trade secrets), contractual disputes and antitrust violations. He is certified by the Texas Board of Legal Specialization in Civil Trial and has practiced in the State and Federal Courts of Texas as well as numerous other state and federal courts.
Derrick was included on the prestigious Texas Super Lawyers Rising Stars list in 2006 and has been named to the Texas Super Lawyers list since 2009. Attorneys are selected to the Super Lawyers listings by Thomson Reuters based on peer recognition and professional achievement.
In addition to his numerous memberships with legal and advocacy groups, he is on the Board of Directors of WARM and Wise Christian Counseling Center. Since 2016, he has also been a Director for the Cotton Bowl. Born in Plainview, Texas and raised in Decatur, Derrick graduated from the University of Texas and earned his Doctorate of Jurisprudence degree from the University of Texas School of Law in 1994.
Since returning to Decatur, Derrick has served on the Decatur Chamber of Commerce where he completed a three-year term as director. He also served on the Economic Development Committee for the Main Street Program in Decatur and the Decatur ISD Education Foundation Board of Directors. Derrick is married to Cheri Boyd who serves as the President of the Board of Trustees for the Decatur Independent School District. They have three daughters, Emily, Ainsley and Finley.
As a founding partner of BPW, Derrick focuses on business disputes, including bank fraud, lender liability, unfair competition cases, intellectual …
MICHAEL R. O’DONNELL is a Co-Managing Partner of Riker Danzig Scherer Hyland & Perretti LLP. He provides a range of commercial litigation services to clients, particularly financial institutions, title insurance companies and reinsurers. His work includes real estate and title disputes and related legal malpractice claims, lender liability and the work-out of problem loans, commercial lending, sophisticated judgment collections, fraud and fraudulent transfer claims, title disputes, reinsurance collections, oppressed shareholder claims, RICO claims and D&O and fidelity bond issues. Mike has defended title underwriters and agents and financial institutions in class actions ranging from claims of overcharges on settlement services to violations of the Expedited Funds Availability Act. He is the Past Chair of the District XB Ethics Committee of the Supreme Court of New Jersey, and a member of the Association of the Federal Bar of New Jersey.
MICHAEL R. O’DONNELL is a Co-Managing Partner of Riker Danzig Scherer Hyland & Perretti LLP. He provides a range of …
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Method of Presentation:
General knowledge of lender liability laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Boyd Powers & Williamson
Boyd, Powers & Williamson (BPW) is a results-oriented law firm and a fierce advocate for its clients. The practice focuses on Business Litigation, Serious Personal Injury, Product Liability, Intellectual Property Litigation, and Securities Litigation. BPW prepares for every case as if it were going to trial, although many cases are resolved before they get that far.
BPW’s adaptive approach utilizes technology and other modern resources, such as jury consultants and focus group research. They leave no stone unturned and provide their clients with the best representation possible.
BPW has the breadth, experience and expertise to successfully handle any case.
About Riker Danzig Scherer Hyland & Perretti LLP
Riker Danzig Scherer Hyland & Perretti LLP has served the New Jersey business community for over 135 years. Distinguished for its unparalleled representation of financial institutions since the founding of the firm, Riker Danzig has become a preeminent, full-service law firm. In addition to its two New Jersey offices in Morristown and Trenton, the firm has offices in Midtown Manhattan, White Plains and Stamford, serving clients in corporate law, tax and trusts and estates, elder law, and litigation. Riker Danzig serves as regional trial counsel and national defense counsel for some of the country's largest corporations in a wide variety of matters, while also representing many family-owned businesses and middle-market companies. The firm provides corporate counseling to numerous financial, commercial, manufacturing and service organizations and has highly-respected practices in trial and appellate litigation, insurance, corporate law, bankruptcy, governmental affairs, labor and employment, environmental law, real estate, tax, and trusts and estates.