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Lender Liability - Fifth Edition
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1158
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Hardcover Book
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The Fifth Edition is the leading single-volume resource on lender liability law. Over the years, this area has developed into a distinct and well-established body of law, serving as the foundation for thousands of lawsuits nationwide. Written for attorneys representing both lenders and borrowers, this comprehensive treatise covers both fundamental principles and advanced issues in lender liability litigation.
Key topics include: - An in-depth analysis of how and where lender liability issues arise
- Common law and statutory theories of liability
- Bankruptcy-related concerns
- Litigation involving troubled, failing, or failed financial institutions
Practical litigation tools are also included, such as a sample complaint, requests for production of documents, interrogatories, and jury instructions. The volume further features federal and state tables of cases, a table of statutes, rules and regulations, a table of authorities, and a comprehensive index.
This fully revised and updated Fifth Edition reflects the continued evolution and maturity of lender liability as a recognized and frequently litigated area of commercial and consumer law. What began as claims rooted primarily in traditional contract and tort theories has expanded to encompass causes of action arising under the Uniform Commercial Code, including the covenant of good faith and fair dealing.
Both seasoned practitioners and attorneys new to the field will find this practical reference invaluable when representing financial institutions, borrowers, or other clients involved in bank and lender liability matters.
A. Barry Cappello is the managing partner of the Santa Barbara law firm of Cappello & Noël, LLP, which he founded in 1977. The firm exclusively handles complex litigation. He is a 1962 graduate of UCLA and a 1965 graduate of the UCLA School of Law. He was admitted to practice in California in January 1966.
Mr. Cappello is recognized as one of the nation's leading trial lawyers and authorities on complex commercial litigation, specializing in lender liability. He has represented both large and small businesses against most of the nation's major lenders in litigation nationwide. His practice also includes class actions, bad faith insurance litigation and other complex business and tort litigation matters.
Mr. Cappello has successfully tried hundreds of jury trials with verdicts and settlements in excess of $1 billion for his clients.
A. Barry Cappello has contributed numerous articles on complex business litigation, lender liability and advanced trial techniques to business, legal, accounting and trade publications. Publications include Trial, the Daily Journal, the National Law Journal, Cashflow, California Real Estate Journal and the Commercial Real Estate Journal, He has appeared on national radio and television programs including "20/20" and on CNN. Mr. Cappello frequently speaks to legal and business audiences around the country including the American Bar Association, Los Angeles County Bar Association and the Consumer Attorneys Association of Los Angeles. He speaks to legal and business audiences around the country.
In 2007, the UCLA School of Law was the recipient if a $1.25 million gift from Mr. Cappello. The gift created an endowment that supports teaching and research within UCLA Law's trial practice and civil litigation programs. In recognition of his philanthropic leadership and to honor Mr. Cappello's legacy as a trial lawyer, UCLA School of Law named its moot courtroom the A. Barry Cappello Courtroom and also named its trial advocacy clinic after Mr. Cappello. Recently, Mr. Cappello developed a program for the law school to expose the students to the best trial lawyers. The program, called The Cappello Courtroom Series: The Art of the Trial brings top trial lawyers on either side of a complex case to speak to the UCLA law students and faculty.
Before entering private practice, Mr. Cappello served a seven-year tenure as City Attorney of Santa Barbara. He was the chief litigator against the oil companies that caused the massive 1969 Santa Barbara Channel oil spill. The disaster and the ensuing litigation awakened the nation's conscious to the dangers to our environment and the tragic consequences if not protected.
Prior to being appointed City Attorney of Santa Barbara, he was Assistant District Attorney and Chief Trial Deputy in the Santa Barbara County District Attorney's Office. Mr. Cappello also served as a Deputy Attorney General for the State of California assigned to the Special Trials and Investigations Division. Mr. Cappello prosecuted numerous murder, business crime and major felony cases.
Mr. Cappello is one of the National Trial Lawyers Association's Top 100 Trial Attorneys in Southern California. He has been named a Southern California "Super Lawyer" since 2007 and has been listed in "Best Lawyers in America: since 1992. He has consistently earned a Martindale-Hubbell "AV Preeminent" peer review rating.
Mr. Cappello couldn't have accomplished this major revision of this edition without the talent, intellect, and pure devotion to the subject matter of Wendy Welkom. Wendy D. Welkom, a senior associate in the firm, has been a resource for all the firm's lawyers on this subject for many years. She served as head of the firm's research and writing department; she crafts jury instructions, briefs, writs, and appeals on a variety of lender liability cases for the firm. Ms. Welkom is a graduate of the University of Michigan (1974) and the University of Michigan Law School (1982). Prior to joining Cappello & Noël originally, she served as Staff Attorney with the San Francisco Branch of the SEC, investigating and prosecuting securities fraud. Before that, she was in Seattle, with a practice including commercial law, antitrust, securities and complex business litigation. Immediately following her graduation from law school, she served as a law clerk to the Honorable Ralph B. Guy, Jr., then a U.S. District Judge, E.D. Michigan (now on the Sixth Circuit).
"There is no one in this nation who is a greater authority than Barry Cappello on the subject of when and how lenders can be held liable to borrowers. As one of the greatest trial attorneys of our age, Barry Cappello's extraordinary success in the courtroom is reflected in every page of this authoritative treatise. This 5th edition is completely new, and is a primer for every plaintiff's attorney and every attorney defending a lender. For either of them to go into the courtroom without reading this book is akin to a Chicago resident going outside in the winter without an overcoat."
-- Michael H. Schill, Dean of the University of Chicago Law School and Harry N. Wyatt Professor of Law "A. Barry Cappello, a pioneer and nationally recognized expert in the field of lender liability law, has taken his vast experience and translated it into a comprehensive, authoritative and informative new edition of Lender Liability. The analysis covers every facet of this complex area, walking readers through each phase in the history of a lending relationship, explaining the key common law theories that have framed the cases, reviewing federal and statutory provisions that bear on litigation, and closing with an analysis of federal bankruptcy law and lawsuits involving failed institutions. This book will be an invaluable reference work for practitioners in the field and a remarkable introduction for anyone who has a general interest in the topic."
-- Rachel F. Moran, Dean and Michael J. Connell Distinguished Professor of Law, UCLA School of Law
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