Representation of a Guarantor in the dispute over the enforceability of the Guaranty of a loan to an RV Dealer. The Recitals had expressly limited to Guaranty to a fixed amount and the lender knew our client had sold 100% of the shares of the dealership to an individual who had assumed all obligations under the loan. Our client’s counsel, at the time of the sale of his interest, neglected to get the release of the Guaranty. Additionally, the loan had been paid in full and then the new owner had borrowed under the same documents. We looked at the factual issues, the lender’s conduct of not giving our client notice of the sale of the collateral upon the default on the second loan and the obligations of a surety under Ca. law.
Representation of a commercial real estate investor/developer in a dispute with a large money center bank relating to a dispute regarding the interest rate swap component and the real estate secured loan documents. Litigation relating to the swap penalties assessed again the borrower and the dispute relating to the release of the collateral.
Representation of a payment processor in a dispute with a large money center bank for freezing its accounts based upon a high rate of chargebacks. Expertise in the FDIC guidance letters relating to the obligations of the federally-regulated financial institutions when the payment processor is the customer.
This was an arbitration whereby our client, as a former employee and investor in certain limited liability companies, organized under the De. Series LLC law, was required to divest certain profits and was entitled to certain distributions from later transactions after she was no longer employed with one of the entities. The engagement related to a review and analysis of the De. Series C LLC law and the relevant cases. The claimant did prevail, in a settlement on all of her claims.