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April 10, 2024 | New York Law Journal

That's Not What the Parties Meant: How New York Courts Balance Intent, Conduct, and the Statute of Limitations in the Context of Scrivener's Errors

This article explores so-called "scrivener's errors"—a mistake that occurs when parties have reached a mutual oral agreement but the signed writing does not express that agreement and one of the parties seeks to reform the contract.
8 minute read
March 08, 2024 | New York Law Journal

Extraneous? Collateral? Is It Time to Simplify the Standard for When Fraud Claims Improperly Duplicate Breach of Contract Claims?

To promote commercial certainty and avoid a deluge of unnecessary litigation, it is important to have clear, easily applicable standards that govern when and whether tort claims duplicate contract claims impermissibly.
6 minute read
March 14, 2023 | New York Law Journal

Are Lender Receivership Rights in Peril?

One of the most powerful lender rights is the appointment of a receiver to monitor and marshal the collateral as necessary. Recently, this right has been called into question in a recent slip opinion in Wells Fargo Bank, N.A. v. JTRE 240 E. 54th St., discussed here.
5 minute read
April 04, 2022 | Daily Report Online

Man Sues Wells Fargo Over Breach-of-Contract Claims

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
March 09, 2022 | Texas Lawyer

Forced Arbitration: A Bitter Pill to Swallow

"The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 is a good beginning to rolling back the blanket imposition of unfair, one-sided forced arbitrations, but it is only a beginning," says Dallas attorney Quentin Brogdon.
8 minute read
Law Journal Press | Digital Book Florida Construction Defect Litigation 2022 Authors: Gary L. Brown View this Book

View more book results for the query "Wells Fargo"

September 13, 2021 | Daily Business Review

Quintairos, Prieto, Wood & Boyer Handling Wells Fargo's Defense in Miami Breach-of-Contract Suit

This lawsuit was surfaced on Law.com Radar. Read the complaint here.
1 minute read
August 06, 2021 | The Legal Intelligencer

Law Firm Hit by 'Phishing' Scheme May Bring Claim Against Wells Fargo Bank for Failure to Detect, Judge Rules

The ruling provides guidance for what law firms can do to recover funds after they have been taken in by an intricate ruse where fraudsters may pose as both clients or targets of a litigation. Law firms have increasingly been targeted for this form of cybercrime.
5 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
August 12, 2020 | Daily Business Review

Litigation Takeaway: Why a Court Upheld a Minor's Fake Signature on a Contract With Liability Waiver, Arbitration

"You can't be smart enough, intelligent enough and mature enough to do that, but then when it comes time to be bound by that same document, say, 'Oh, I'm a minor,'" said attorney Alex P. Rosenthal. "You can't use it as a sword and a shield."
4 minute read
September 10, 2019 | Daily Business Review

$322M Pembroke Pines Sale Is Biggest Multifamily Deal This Year

The sale of the sprawling Avant at Pembroke Pines breaks down to $211,842 per unit.
3 minute read

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