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Banking Sector Appeals Commercial Litigation

Orrick, Herrington & Sutcliffe LLP

Fourth Circuit reverses decision in $550K ACH fraud transfer case

On March 26, the U.S. Court of Appeals for the Fourth Circuit reversed and remanded a lower court’s decision in a case involving a fraudulent email scam that caused a financial loss of over $550,000. The plaintiff, a metal...more

White & Case LLP

Cantor Fitzgerald & Co v Yes Bank Limited [2024] EWCA Civ 695

White & Case LLP on

The Court of Appeal has confirmed the existence of a ‘natural assumption' that an adjective or determiner at the start of a list qualifies the entirety of it. In its recent decision, the Court of Appeal construed a letter of...more

Sullivan & Worcester

Interpreting English Law Contracts: avoiding the bear traps

Sullivan & Worcester on

The importance of clear drafting cannot be overstated. Ambiguity of language can lead to disputes, costly litigation and unintended outcomes. The recent Court of Appeal judgment in Cantor Fitzgerald & Co v Yes Bank Ltd [2024]...more

Conyers

Liquidators Beware: an Alternative to Quincecare

Conyers on

The Quincecare duty has become a popular tool for companies (or their liquidators) to claim against banks for funds misappropriated on wrongful payment instructions. It requires a bank to refrain from executing a payment...more

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