Banking / Finance

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

By Gerald L. Blanchard
Clark Boardman Callaghan March 2013

Specifications

ISBN-13
13974255
Publisher
Clark Boardman Callaghan
Publication
March 2013
Format
Paperback (3 volumes)
Jurisdiction
U.S. ? Countri(es) for reference only

Details

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

About the Author

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.


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