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  • Computer Fraud Not the Same as Check Fraud: Broad Exclusion – if Plain – Applies

    As Willie Sutton once said about why he robbed banks, “it’s where the money is.” Modern day bank robbers don’t use guns, they use computers, computer viruses, and make transfers of money from the bank to the account held by the...
  • Structuring Trips Up Speaker Hastert

    By Robert J. Higdon Jr. Former Speaker of the United States House of Representatives Dennis Hastert entered the well of a courtroom in the Northern District of Illinois recently to enter a plea of not guilty to charges that he structured more than...
  • If You Ever Wondered What "Accompany" Means, Justice Scalia Has Your Answer

    By Peter J. Gallagher ( @pjsgallagher ) The two or three of you Those of you who regularly read this blog or are familiar with some of the posts and articles I have written know that I am a fan of Justice Scalia. Not necessarily his judicial philosophy...
  • It's A First: Fiduciary Duty Claim Sticks Against A Bank

    For the first time that I am aware of, the Business Court has found a Complaint to sufficiently allege a breach of fiduciary duty claim against a bank, in today's opinion in WNC Holdings, LLC v. Alliance Bank & Trust Co . , 2012 NCBC 50. The...
  • Motion to Compel Yields in Camera Review of Discovery to Bank

    The Order on the Motion to Compel last week in WNC Holdings, LLC v. Alliance Bank & Trust Co. will be of particular interest to lawyers in litigation with banks. The case deals mainly with the discoverability of a bank's "compliance review...
  • Bank Not Liable For Embezzlement, Says NC Business Court

    Do you have a client who says his associate embezzled a lot of his money? Does he want to sue the Bank that held the funds, claiming that the Bank should have known that misdoings were afoot and blown the whistle? You'd better tell him to think twice...
  • U.S. Supreme Court Considers Rights Of Secured Creditors In Chapter 11 Bankruptcy

    WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on April 23 heard oral arguments in a dispute between a Chapter 11 debtor company and a creditor bank as to whether a secured creditor is permitted to credit-bid while the debtor company's collateral...