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

    News

    Attorney Crystal L. Bulges Joins Preti Flaherty’s Environmental Practice Group

    Preti Flaherty is pleased to announce that attorney Crystal L. Bulges has joined the firm’s Environmental Practice Group, working in the Portland office. Crystal brings to the firm more than 20 years of experience...

    Publication

    Proposed EPA Rule Would Tighten Emissions Standards at Affected Power Plants and Industrial Sources

    On April 6, the U.S. EPA published a proposed rule to reduce emissions of nitrogen oxides (NO x ) in 26 states that the agency says are impacting the ability of downwind states to...

    Event

    Identifying and Preventing Inappropriate Comments at Work

    Employers are starting to establish a new workplace normal. Employees are often returning to work in an environment that is dramatically different than the one they left two years ago. How we communicate with...

    Publication

    FY2023 H-1B Season – Key Facts for Employers

    United States Citizenship and Immigration Services announced that the H-1B initial registration period for the FY 2023 cap is scheduled to open at noon ET on March 1, 2022 and will remain open until noon ET...

    News

    Preti Flaherty Files Human Trafficking and Forced Labor Lawsuit Against Church of Scientology

    Preti Flaherty attorneys Greg Hansel, Shana Solomon, Ellie Quinby, and Katherine Oaks filed a human trafficking and forced labor lawsuit against the Church of Scientology on behalf of three plaintiffs claiming decades of forced...

    Press Coverage

    From Maine to Kushan: Teaching the U.S. Legal System in China

    Preti Flaherty attorney Jeff Thaler was recently the subject of an essay written by one of his former students at Duke Kushan University (DKU). In 2019, Jeff spent time at DKU serving as a...

    Publication

    Employers May See Increased Accommodation Requests in 2022

    The Covid-19 pandemic has created a multitude of challenges for employers. As more employees return to the office in 2022—whether full-time or on a hybrid schedule—employers will face difficult compliance questions and, most likely...

    Publication

    H-2B Temporary Visas: Additional 35,000 Coming in Second Half of FY 2022

    The Department of Homeland Security (DHS) and the Department of Labor (DOL) recently announced the forthcoming publication of a joint temporary final rule to make available an additional 35,000 H-2B temporary nonagricultural worker visas...

    Press Coverage

    More Reminders of the Shortcomings of Maine’s Freedom of Access Law

    As part of an editorial marking Sunshine Week , the annual celebration started by the American Society of News Editors to recognize the importance of open government, Preti Flaherty attorney Sig Schutz is quoted by the  Bangor...

    News

    Preti Flaherty Attorney Tim Bryant Selected by Franchise Times as “Legal Eagle”

    For the fourteenth consecutive year, Preti Flaherty attorney Tim Bryant has been recognized as a Franchise Times magazine “Legal Eagle.” Nominated by their peers, franchise attorneys chosen for this honor are considered among the...