The Myth of “Lender Liability”
201410.08
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The Myth of “Lender Liability”

When lender and borrower relationships break down – especially where the borrower defaults in payments owed to the lender – the borrower often feels (and perhaps justifiably so) that the lender is treating them unfairly or is acting contrary to certain oral promises that may have been made at an earlier time. For instance, at…

Discovery of Electronically Stored Information
201406.03
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Discovery of Electronically Stored Information

Whether or not you are on Facebook or are a devoted user of social media apps, as a litigator you have to be, at the very least, aware of how technology affects discovery and can potentially lead to a gold mine of information. Moreover, some knowledge of how technology affects litigation is essentially mandatory now….

Business Court Update – Supplemental Jurisdiction
201404.04
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Business Court Update – Supplemental Jurisdiction

As more practitioners file cases in the Business Courts, it is predictable that they will have to grapple with jurisdictional issues involving multiple claims. One issue that litigators should be aware of is that business courts have ‘supplemental’ jurisdiction over claims that are not themselves business court claims, but that are related to business court…

When Protective Orders Are Not Enough
201309.05
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When Protective Orders Are Not Enough

Keeping Clients’ Confidential Information Out of the Public Record In the world of commercial litigation, there is an unavoidable complication that often arises during disputes: how to handle sensitive and proprietary information. When parties to business-centered disputes resort to litigation to solve their dispute, the information that is exchanged between the parties often includes sensitive…

Negotiate Now in Purchase Money Priority Cases
201304.24
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Negotiate Now in Purchase Money Priority Cases

The effects of the housing bubble have been felt by just about everyone, and lenders are certainly no exception. And while “cutting one’s losses” brings joy to virtually no one, lenders are learning just how critical the timing and art of negotiation can be in realizing the best possible outcomes out of an imperfect set…