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Commercial Lending

In United States of America v. BNP Paribas SA., a Brattle principal provided testimony in a False Claims Act dispute involving a claim under a U.S. Government commercial loan guaranty program. Brattle analyzed the actions of the bank with regard to its supervisory, due diligence, and monitoring responsibilities for commercial loans, under both regulation and custom and practice. This testimony aided in a favorable settlement for the U.S. Government.

In Regions Bank,, Plaintiffs v. Nexbank Securities, Inc., Defendants and Comerica Bank, Plaintiff in Intervention v. Regions Bank, Brattle identified and supported and investment banking industry expert who testified on the customary and contractual responsibilities of an investment banker raising mezzanine financing. In addition, a Brattle principal provided testimony regarding agent bank responsibilities in loan syndications, as well as bank supervisory responsibilities for commercial loan officers and their supervisors.

In various actions adverse to Lloyds Bank, PLC regarding dual currency property loans in the U.S., a Brattle principal provided testimony addressing commercial lending custom and practice in administering the loan agreement, documenting the collateral structure and detailing pricing.

A Brattle principal provided affidavit testimony and expert advice in Dellway v. National Asset Management Agency, Ireland and the Attorney General of Ireland, before the Supreme Court and the High Court, Commercial, Ireland. The testimony addresed commercial lending custom and practice, the nature of long-standing banking relationships, and the role of reputation in lending decisions.

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