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December 18, 2023 | New York Law Journal

Complaint Accuses Leading Mortgage Lender of Shorting Investors of at Least $3.25M

Plaintiff HBK Master Fund filed suit against NewRez LLC and Deutsche Bank National Trust Co., alleging the mortgage lender shorted trust investors by some $3.25 million.
2 minute read
April 04, 2023 | New York Law Journal

Liquidated Damages Provisions: An Update

Liquidated damages clauses are typically (and increasingly) fertile ground for litigation, as evidenced by an extensive and growing body of caselaw on the topic, discussed here.
7 minute read
February 10, 2023 | New York Law Journal

Bankers Beware: The Reach of the Procuring Cause Standard

'Morpheus' and 'Dominik' raise the prospect that courts—and certainly parties litigating an investment banking fee—will be tempted to stack the deck in favor of a vague and fact-specific procuring cause standard. Once again, bankers beware.
9 minute read
January 19, 2021 | New York Law Journal

Decision Clarifies Contract Issue Regarding Grossly Negligent Conduct

In their New York Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. discuss 'Deutsche Bank National Trust Company v. Morgan Stanley Mortgage Capital Holdings', in which the court held that the public policy rule prohibiting parties from insulating themselves for damages resulting from grossly negligent conduct only applies to contractual provisions that either completely immunize a party or provide for solely nominal damages.
6 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
March 27, 2020 | New York Law Journal

When Breaching a Contract Is More Than Just Breaking a Promise: Contours of Fraud Cases Affected by the Second Circuit's 'Countrywide' Decision

In the wake of 'Countrywide', courts in the Second Circuit have had to grapple with the scope and application of the holding in criminal and civil fraud cases. Does it provide a possible defense for white-collar defendants alleged to have defrauded their counterparties? Or is it limited to its facts?
7 minute read
October 07, 2019 | Daily Business Review

$327M Financing Secured on Buildings at 2 Miramar Business Parks

Buildings at Countyline Business Center and Trammell Crow Industrial Center are used as collateral for the financing.
2 minute read
July 10, 2019 | Daily Business Review

Alina Luxury Condos Score Loan for First Phase in Boca Raton

The $146 million loan will help pay for construction of a nine-story building, the first of three planned condo towers backing up to the Boca Raton Golf Club.
2 minute read
November 14, 2018 | New York Law Journal

Latest Decision Reaffirms RMBS Statute of Limitations Principle

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'Deutsche Bank National Trust Company v. Flagstar Capital Markets Corporation', the latest in a series of decisions construing the application of New York's statute of limitations to residential mortgage backed securities (RMBS) claims.
7 minute read
December 18, 2017 | National Law Journal

Baker McKenzie, Representing Moscow-Based Kaspersky Lab, Sues Trump Over Software Ban

The complaint accused U.S. officials of denying Kaspersky any meaningful chance to defend itself, and argued that the government did not have sufficient evidence to order agencies to stop using the company's software products.
4 minute read

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