Lender Liability - 4th Edition

Price: $195.00 800 pages. 1 Hardcover Volume. Table of Cases. Table of Statutes and Authorities. Index. Appendices. Updated annually or when needed.
To be Published January 2009. Pre-Order Your Copy Now.
ISBN-13: 978-157823-249-9

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Table of Contents

About the Book:
Lender Liability is the leading one-volume work on the subject. This book by A. Barry Cappello, one of the greatest trial attorneys of our age, could not come at a more auspicious moment. Once the economy stabilizes and the current credit crisis subsides, lawyers throughout the nation will seek justice for many of the people who have been harmed. Some of these people will be shareholders who have lost everything; some will be borrowers who have lost their homes or businesses because they were enticed to borrow under terms that virtually guaranteed that they would default. In the fourth edition of Lender Liability, Barry Cappello provides an exhaustive, authoritative and illuminating analysis of the legal claims and theories that members of the bar will work with for decades to come. This area of the law has grown and matured significantly over the years and is now recognized as a distinct body of law that is the basis of thousands of lawsuits filed over the last decade. Written for both lenders' and borrowers' attorneys, Lender Liability discusses the basics and more advanced issues relating to lender liability. Topics include 1) an extended analysis of where and how lender liability problems arise, 2) common law and statutory theories of liability, 3) bankruptcy concerns and 4) lawsuits against failing or failed financial institutions. A sample complaint, request for production of documents, interrogatories and jury instructions are included as well as tables of state and federal cases and statutes, rules and regulations.

This handy reference work is ideal for either the experienced practitioner or the neophyte involved in representing an institution or client whose interests involve bank liability.

About the Author:
A. Barry Cappello, managing partner, of the Santa Barbara law firm of Cappello & Noël, LLP, is a 1962 graduate of UCLA and a 1965 graduate of the UCLA School of Law. He was admitted to practice in California in 1966.

Mr. Cappello, who founded the firm in 1977, 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 banks in litigation nationwide. His practice also involves class actions against lenders and other large corporations, bad faith insurance litigation and other complex business and tort litigation matters.

Mr. Cappello has successfully tried jury trials with total verdicts in excess of $300 million and negotiated more than $1 billion in settlements and workouts for his clients.

Mr. Cappello has contributed numerous articles on complex business litigation, lender liability andadvanced trial techniques to business, legal, accounting and trade publications. Publications include Trial, The Daily Journal, The National Law Journal, Small Business Advisor and The Commercial Real Estate Journal. Mr. Cappello speaks to legal and business audiences around the country.

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. The case was settled in 1974 shortly before trial for $9.45 million, a huge sum then.

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 has been listed in Best Lawyers in America since 1992 and in Who's Who in America. He was named a “Super Lawyer” in 2007 and 2008, and he was selected as one of the Top 100 Trial Attorneys in California for 2007 by the American Trial Lawyers Association. 

Praise for Lender Liability - 4th Edition

“Lender Liability by Barry Cappello, one of the greatest trial attorneys of our age, could not come at a more auspicious moment. Once the economy stabilizes and the current credit crisis subsides, lawyers throughout the nation will seek justice for many of the people who have been harmed. Some of these people will be shareholders who have lost everything; some will be borrowers who have lost their homes or businesses because they were enticed to borrow under terms that virtually guaranteed that they would default. In the fourth edition of Lender Liability, Barry Cappello provides an exhaustive, authoritative and illuminating analysis of the legal claims and theories that members of the bar will work with for decades to come.”

Michael Schill, Dean and Professor of Law, UCLA School of Law