Broadcast Date: Friday, October 22, 2021
from 3:00 pm to 4:00 pm (ET)

Overview:

Lenders have always been faced with significant dilemmas when it comes to borrowers that fail to make payments. The severe impact of the COVID-19 pandemic on the economy further intensified this existing difficulty although government relief programs have prevented a tidal wave of loan defaults so far. Although it would be reasonable for lenders to proactively mitigate potential risks of loss, efforts to engage with their borrowers should be done with prudence so as not to avoid lender liability claims.

In recent years, many borrowers have attempted to use lender lawsuits during workout discussions, and they are becoming more assertive in leveraging these claims. With the present economic conditions and pandemic implications, lenders should be thoughtful when making loan portfolio decisions now more than ever to ensure that their actions are defensible.

Join our select panel of key thought leaders for a discussion of the most common issues in lender liability claims, and how conflicts arise during the life of a loan. The speakers will also explore practical steps to improve loan administration and enforcement and to mitigate the risk of lender lawsuits.

Key topics include:

  • Lender Liability Claims – Notable Court Decisions
  • Recent Enforcement Trends and Their Implications
  • Common Risks and Pitfalls
  • Red Flags for Fraud
  • Best Practices for Risk Management
  • Lender Liability Litigation and COVID-19

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE)

 

Prerequisite:

General knowledge of lender liability law

 

Course Code:

149269

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credit:

1.0 CLE

Speaker Panel:

Michael R. O’Donnell, Partner
Riker Danzig Scherer Hyland & Perretti LLP

MICHAEL R. O’DONNELL is a Co-Managing Partner of Riker Danzig Scherer Hyland & Perretti LLP. He provides a range of commercial litigation services to clients, particularly financial institutions, title insurance companies and reinsurers. His work includes real estate and title disputes and related legal malpractice claims, lender liability and the work-out of problem loans, commercial lending, sophisticated judgment collections, fraud and fraudulent transfer claims, title disputes, reinsurance collections, oppressed shareholder claims, RICO claims and D&O and fidelity bond issues. Mike has defended title underwriters and agents and financial institutions in class actions ranging from claims of overcharges on settlement services to violations of the Expedited Funds Availability Act. He is the Past Chair of the District XB Ethics Committee of the Supreme Court of New Jersey, and a member of the Association of the Federal Bar of New Jersey.

Isabelle Ord, Partner
DLA Piper

Isabelle Ord is a trial lawyer who resolves complex and high-stakes disputes for national and international businesses and financial institutions. She is the co-chair of DLA Piper’s Class Action Group and DLA Piper’s US Financial Services Sector.

Her experience includes defending class actions and other complex business disputes involving unfair competition (B&PC 17200), false advertising (B&PC 17500), the Consumer Legal Remedies Act (Civil Code 1750), fraud, breaches of fiduciary duty, Ponzi scheme and investment fraud, and lender liability. She also prosecutes claims for financial institutions and businesses, including credit recovery, loan participation, and fraud claims.

Isabelle was the 2013 president of the San Francisco Bank Attorneys Association and 2012 chair of the California State Bar’s Business Law Section Financial Institutions Committee.

She is a former Captain in the United States Army Reserve, Judge Advocate General’s Corps, and a paratrooper.

Agenda:

Michael R. O’DonnellPartner

Riker Danzig Scherer Hyland & Perretti LLP

  • Wire fraud, forbearance agreements and limiting liability.

 

Isabelle Ord, Partner

DLA Piper

  •  Current Environment, Risks, Government Action, signs of Fraud and red flags.

 

Date & Time:

Friday, October 22, 2021

3:00 pm to 4:00 pm (ET)

Who Should Attend:

  • Chief Credit Officers
  • Chief Lending Officers
  • Chief Risk Officers
  • Compliance Officers
  • Chief Financial Officers
  • Loan Workout Officers
  • Lawyers in Banking and Finance
  • General Counsel
  • Executive Directors
  • Bank and Financial Institution Executives
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SPEAKERS

Michael R. O’DonnellPartner
Riker Danzig Scherer Hyland & Perretti LLP
Isabelle OrdPartner
DLA Piper

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