Representative Matters

  • Represented bank as Plaintiff in in case where Plaintiff made a series of loans to borrower, which in the end totaled $12 Million.  In 2011 it was discovered that the borrower had overstated its assets by $10.5 Million. The borrower filed for bankruptcy protection and ultimately dissolved. The bank sued the company CFO for negligent misrepresentation, which was covered by the company’s D&O policy, and the company’s outside accountant and auditor for negligence, which was covered by the professional liability policy. Obtained $2.35 Million settlement for client shortly before trial.  The settlement was approved by the Bankruptcy Court. The settlement secured the bulk of the available insurance proceeds before coverage was declined and before any criminal charges have been filed. The company CEO subsequently pled guilty to a conspiracy charge.
  • Represented multiple parties including bank and mortgage company as Defendant in 2 million dollar case where Plaintiffs borrowed $2.9 million in order to purchase a home. The borrowers defaulted in 2009 and after numerous failed attempts to resolve the default, the lender initiated foreclosure proceedings. Borrowers filed suit to declare the mortgage void and for damages related to the collection efforts of the lender.  Plaintiffs brought claims for violation of RESPA and the New Hampshire Consumer Protection Act. The Plaintiffs challenged the validity of the endorsement on the Note, as it was a successor trustee who was seeking to foreclose.  Plaintiffs also challenged the endorsement of the Note to the successor trustee, which endorsement occurred during the litigation. Obtained dismissal of all claims but one on Motion to Dismiss (Plaintiffs later Amended their Petition). Won Judgment for Defendants on all claims following Bench Trial. This enabled the lender to enforce the note and mortgage by foreclosing on the property.
  • Firm Highlights

    Event

    Legal Foundations Lunch and Learn Series: Understanding Indemnity Clauses

    Our Legal Foundations Lunch and Learn Series features monthly 30-minute webinars that provide in-depth insights into recent updates, industry trends, and key issues impacting the construction industry. Preti Flaherty attorneys Kenneth Rubinstein and Nicholas...

    Event

    Sigmund Schutz to moderate panel at 36th Annual Media and the Law Seminar: Under Attack! Existential Threats to Journalism and Free Speech

    From unlawful searches and seizures of newsrooms and highly contentious litigation to physical harassment and calls for violence online, journalists and news organizations are under attack like never before. At the 36 th Annual...

    Event

    Hire Education: Best Practices for Onboarding New Employees

    As an HR professional, hiring the right talent, addressing employee needs, and managing terminations are just a few of the most challenging problems that arise. During this year's three-part Employment Breakfast Webinar Series, we'll...

    News

    Benchmark Litigation Names Preti Flaherty 2024 “Maine Firm of the Year"

    Benchmark Litigation has named Preti Flaherty as 2024 Litigation Firm of the Year in the State of Maine. Through extensive peer- and- client reviewed research, as well as analysis of casework; the Benchmark Awards...

    Publication

    Helping Employers Navigate the New Independent Contractor Rule and Compliance Challenges

    On March 11 th , the United States Department of Labor’s (DOL) new Independent Contractor Rule goes into effect.  As your organization readies itself for compliance, it’s imperative to scrutinize your independent contractor classifications...

    Publication

    Important Updates to American Arbitration Association Construction Industry Rules and Mediation Procedures

    The American Arbitration Association (AAA) updated its Construction Industry Rules and Mediation procedures (AAA Rules), effective March 1, 2024, marking the first update since 2015. The updates are important because the AAA Rules are...

    News

    Attorney Jeffrey Thaler Named to 2024 Lawdragon Green 500: Leaders in Energy Law

    Preti Flaherty’s attorney Jeffrey Thaler has been recognized by  Lawdragon  as one of the top 500 Leaders in Energy Law. This is Jeff’s third time named to this prestigious list since the first publication...

    Publication

    USCIS Announces H-1B Registration Period for FY2025: New “Beneficiary Centric” Registration Process and Increased Fees

    USCIS has recently announced a series of changes that will impact the FY2025 H-1B registration system and cap filing season. H-1B Registration Period and Organizational Accounts As in prior years, under this process, prospective petitioners...

    Publication

    Failure to Follow Your Contract's Notice Requirements Can be Costly

    In Kinetic Systems, Inc. v. IPS-Integrated Projects Services, LLC et. al., No.: 20-cv-1125 (D.N.H. February 6, 2024), the U.S. District Court for the District of New Hampshire granted summary judgment for a general contractor...

    News

    Preti Attorneys File Suit Against Al-Generated Robocalls in the 2024 NH Presidential Primary

    Representing the League of Women Voters of New Hampshire, the League of Women Voters of the United States, and individual voters, Preti Flaherty, with co-counsel, filed a federal lawsuit against Steve Kramer, Lingo Telecom...