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October 19, 2017 | New York Law Journal

Defenses of Impossibility of Performance and Frustration of Purpose

In his Commercial Division Update, Thomas J. Hall writes: The narrowness of the doctrines of impossibility and frustration of purpose—and their questionable utility for litigators—underscores the importance of striving during the contract drafting process to include contingency clauses providing for foreseeable possibilities and language making clear the contract's purpose.
23 minute read
July 12, 2016 |

Enforceability of Mandatory Arbitration in Online Contracts

In their Technology Law column, Richard Raysman and Peter Brown take a look at the differing results reached in recent cases involving defendants' motions to compel arbitration, including: the Seventh Circuit's refusal to enforce an arbitration provision absent adequate notice to the consumer, and the opposite holding in a federal district court opinion issued in late June.
14 minute read
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
November 15, 2015 |

Monday Mashup: Fee Fights, Celeb Settlements and Wilmer's Revolving Door

Hausfeld's curiously timed $120M settlement; why the city of San Francisco is paying Journey guitarist Neal Schon $290,000; another Wilmer partner lands a top SEC job. All this and more in The Lit Daily's take on under-the-radar legal news.
5 minute read
May 08, 2015 |

JPMorgan Claims Defectors Poaching Clients

JPMorgan Chase Bank has sued six former wealth managers who quit en masse to join competitor Morgan Stanley and are allegedly soliciting their $2 billion base of former clients to follow them.
3 minute read
January 21, 2015 |

Misrepresentation in Finance Agreements

Jeffrey B. Steiner and Jason R. Goldstein of DLA Piper review the different categories of misrepresentation cited by New York courts and draw distinctions between seemingly innocent statements in loan documents as opposed to circumstances where a representing party knew or should have known that their representation was untrue.
12 minute read
May 09, 2014 |

Judge Allows Insurer to Refile Claim Against Bear Stearns

Bear Stearns' failure to inform the company insuring a $1.2 billion portfolio of mortgage-backed securitizations about "significant problems" in the loan collateral pool could signal a contractual breach that supports a fraud claim, a Westchester County Supreme Court judge has ruled.
5 minute read
January 20, 2014 |

Fifth Circuit Resolves Fight Over Bank Leases

In a ruling that's a history lesson as much as a breach of contract decision, the Fifth Circuit found that JP Morgan Chase Bank must assume the leases of the failed Washington Mutual Bank it bought for $1.8 billion.
4 minute read

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