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May 11, 2022 | Legaltech News

Contract Tech Provider Evisort Announces $100 Million in Funding, Led by Prominent Tech Investor TCV

Focused on contract management and analysis with artificial intelligence-enhanced technology, Evisort has now raised $155 million since it was founded by Harvard Law graduates in 2016.
3 minute read
December 08, 2020 | New York Law Journal

Three Areas Still Confusing the Statute of Limitations: Acceleration Letters, Complaints and Discontinuances

In his foreclosure column, Bruce Bergman discusses three questions still causing confusion when dealing with acceleration and the statute of limitations: (1) What language actually constitutes an acceleration? (2) Does the filing of a foreclosure complaint evince an acceleration? And (3) does discontinuance of a prior foreclosure revoke an acceleration?
10 minute read
February 12, 2018 | Daily Business Review

South Florida Court Ruling Is a Catch-22 for Foreclosure Defendants Looking to Collect Attorney Fees

Foreclosure defendants can't have it both ways when a lender loses a foreclosure lawsuit for lack of standing.
3 minute read
June 17, 2016 |

Conditions Precedent and the Need for Unambiguous Terms

In their Commercial Division Update, George Bundy Smith and Thomas J. Hall write: In light of the significant impact conditions precedent clauses can have, New York courts generally are strict in construing whether a contractual provision constitutes such a condition. When ambiguity creeps into the language, efforts to convince the court to construe it as a condition precedent may fail regardless of the availability of parol evidence, as several recent decisions demonstrate.
23 minute read
March 14, 2016 |

'Best Efforts', 'Commercially Reasonable' and Other Terms No One Understands

Grant Esposito and Jessica Kaufman of Morrison & Foerster explore why vague contractual terms are routinely used, explain how they have been inconsistently interpreted by the courts, and offer some practical tips to minimize the havoc ambiguous terms can wreak.
11 minute read
Law Journal Press | Digital Book Encyclopedia of New York Causes of Action: Elements & Defenses 2024 Authors: ERNEST EDWARD BADWAY View this Book

View more book results for the query "Bank of New York Mellon"

December 02, 2015 |

Warranties Breached by Mortgage-Backed Securities, Panel Says

A unanimous First Department panel said a JPMorgan bank affiliate was bound by representations and warranties to its buyers about the creditworthiness of mortgage loans backing the sold bonds.
3 minute read
October 21, 2015 |

Panel Affirms Broader Remedy for Investors in RMBS Litigation

A unanimous First Department panel, applying reasoning from several federal cases, has adopted a pro-investor interpretation of key contract provisions common to a slew of state-law residential mortgage-backed securities cases.
4 minute read
October 08, 2015 |

The Bank of N.Y. Mellon v. WMC Mortgage, LLC

Agreements' Accrual Provision Did Not Render Put-Back Claims Action Timely Under 'ACE'
1 minute read
September 28, 2015 |

Big Canadian Suits

Bell / NFL v. CRTC; Re Nortel Networks Corp.; Dunkin' Brands Canada Ltd. v. Bertico
6 minute read
June 01, 2015 |

RMBS Investors Get Green Light in Megabillions HSBC Suit

The decision comes in one of six lawsuits that Bernstein Litowitz brought last year against banks that served as trustees for more than $2 trillion in residential mortgage-backed securities.
3 minute read

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