Lender Liability Law, Practice and Prevention 2013 (2nd Edition)

Author: Gerald L. Blanchard
Publisher: Clark Boardman Callaghan
ISBN: 13974255
Published In: March 2013
Format: Paperback (3 volumes)
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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A complete guide with practical advice for evaluating, minimizing, and avoiding the risks of lender liability claims, Lender Liability: Law, Practice and Prevention covers the legal theories, cases, and statutes affecting the lending process. It provides a single-source treatment of the laws affecting the lending process, as well as sample documentation forms and checklists to reduce research time. This guide encompasses:

Contract claims
Breach of contract and good faith
Duress
Tort claims
Breach of fiduciary duty
Fraud and misrepresentation
Negligent loan processing and administration
Interference
Bankruptcy
Equitable subordination
Fraudulent transfers
Preferential transfers
Statutory claims
Fair Labor Standards Act
Antitrust
Anti-tying provisions
Environmental claims
RICO
Withholding taxes
Securities laws
Bank Secrecy Act
Equal Credit Opportunity Act
Director and officer liability
Regularity and criminal sanctions
Alternative dispute regulation
Workout strategies
Lender liability litigation

Gerald L. Blanchard

Gerald L. Blanchard is a partner in the law firm of Bryan Cave, LLC in Atlanta, Georgia, where he works in the area of financial institution law, commercial lending, lender liability, bankruptcy, and problem loan workouts. His financial institutions practice involves representing banks of all sizes, from small local community banks to large national banks. Prior to joining Bryan Cave, Mr. Blanchard spent 24 years in the legal department of Bank of America and its predecessors, starting with the Citizens and Southern National Bank in 1980, where he managed a national team of lawyers providing legal support to the middle market lending, small business lending, private banking, and bankruptcy groups.

Blanchard has advised clients on all aspects of commercial and private lending and managed all forms of legal risk arising out of lending operations, lender liability claims, and fraud. He has worked with senior management and boards of directors on strategic planning and negotiating enforcement orders with banking regulators. A large part of his practice involves working with bank credit risk departments on managing legal and reputation risk and with compliance departments to insure compliance with state and federal laws and regulations.

Mr. Blanchard is a frequent speaker on various banking topics including managing legal risk, dealing with regulators, lender liability and legal developments facing banks. He obtained his bachelor’s degree from Berry College in 1975 and his juris doctor from Emory University School of Law in 1978. He participates in a number of civic and pro bono activities. In 2002 he was city leader for Bank of America’s United Way campaign. In 2004 he received the "Business Commitment Pro Bono Award" from the State Bar of Georgia for professionalism and strong commitment to the delivery of pro bono business law services to the nonprofit and community economic development sectors in Georgia. Blanchard presently serves as treasurer of the Pro Bono Partnership of Atlanta. He has served as chair of the Lender Liability Subcommittee, Commercial Financial Services Committee, Business Law Section of the American Bar Association. He is a past president of the Atlanta Chapter of the Association of Corporate Counsel.