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Negligence Duty of Care Financial Institutions

American Conference Institute (ACI)

[Event] Fraud, Asset Tracing & Recovery - September 29th - 30th, Miami Beach, FL

For over a decade, ACI & C5’s Fraud, Asset Tracing & Recovery Miami has brought together an international community of top fraud litigators, asset recovery specialists, insolvency experts, in-house counsel, litigation...more

Charles E. Rounds, Jr. - Suffolk University...

Individual Trustee Delegates to Financial Institution the Job of Taking Custody and Keeping Track of Income and Principal: The...

While PC software programs are a practical improvement over the trustee’s hard-copy ledger book, when it comes to keeping track of trust income and principal these programs still require serious clerical monitoring on the...more

Hogan Lovells

The Arrium Proceedings – when is a company insolvent and when is a representation not a representation?

Hogan Lovells on

The Supreme Court of New South Wales has recently handed down its decision in proceedings (“Arrium Proceedings”) brought by a number of lenders against former officers and employees of Arrium Limited and its subsidiaries...more

White & Case LLP

UK Supreme Court upholds first successful claim for breach of the "Quincecare" duty financial institutions owe their customers

White & Case LLP on

In Singularis Holdings Ltd (In Official Liquidation) v Daiwa Capital Markets Europe Ltd ([2019] UKSC 50), the Supreme Court upheld the first successful claim in negligence by a customer of a financial institution for breach...more

Burr & Forman

Federal District Court: Banks Do Not Owe a Duty of Care to Non-Customers Under Tennessee Law

Burr & Forman on

In Belle Meade Title & Escrow Corp. v. Fifth Third Bank, et al., No. 3:17-cv-874, ECF No. 26, — WL —- (M.D. Tenn. Oct. 17, 2017), a federal district court granted Regions Bank’s motion to dismiss the claims against it,...more

Butler Snow LLP

Financial Institutions’ Data Breach Class Action Bounced

Butler Snow LLP on

I’ve previously blogged about a new breed of data breach class actions filed by financial institutions against retailers (as opposed to customers suing retailers). In these cases, financial institutions claim that retailers...more

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