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  • Discovery Tactics

Goldman Sachs Reveals Slew of Shareholder Suits
General counsel Gregory Palm of Goldman Sachs Group Inc. late Monday made a rare filing with the government, revealing at least six shareholder suits against the company over its dealings in the subprime mortgage market, and one highly critical letter from an institutional shareholder.
Senators Consider Whether Financial Fraud Should Mean More Prison Time
One major point of dispute: a proposed requirement for some financial services employees to meet a fiduciary duty to their customers, or else face criminal charges and potential prison time.
Standing Before A Florida Judge…
When you go in front of a Florida Court Judge for any type of hearing, be prepared...be prepare...be prepared!
Florida Assignment of Consumer Debts
The assignee must give the debtor written notice of such assignment within 30 days after the assignment. The assignee is a real party in interest and may bring an action in a court of competent jurisdiction to collect a debt that has been assigned to such assignee and is in default.
Federal Judge Analyzes Laws Regarding Spoliation Issues
All plaintiffs had a fiduciary duty to conduct due diligence before making significant investments in the Funds. Surely records must have existed documenting the due diligence, investments, and subsequent monitoring of these investments. The paucity of records produced by some plaintiffs…and the admitted failure to preserve some records or search at all for others...
Securitized Trust Did Not Meet Florida UCC Requirements for Enforcement of Lost Mortgage Note
Court held that StateStreet could not maintain a cause of action to enforce a missing promissory note or to foreclose on the related mortgage in the absence of proof that it or its assignor ever held possession of the promissory note. Section 673.3091, Florida Statutes (2002).
Banks Failure To Produce Equals Sanctions!!!
We all know the banks are hiding the truth and we are trying to uncover it. Proper ESI discovery requests will open Pandora's Box. With the proper strategy in place and tactically executed, ESI discovery requests CAN and WILL set the stage for a damaging blow to the banks. Here are...
The Banks Know ESI Is At The Heart Of Their Destruction
Essentially Wells Fargo contends that LaSalle did not search a number of backup tapes for relevant documents and should be subject to spoliation sanctions for not maintaining all of the backup tapes which might have contained responsive ESI. LaSalle responds that ESI on backup tapes is not readily accessible in that it would take...
Banks Need More Than Original Note
Moreover, while U.S. Bank subsequently filed the original note, the note did not identify U.S. Bank as the lender or holder. U.S. Bank also did not attach an assignment or any other evidence to establish that it had purchased the note and mortgage. Further, it did not file any supporting affidavits or deposition testimony...
Florida Judge Says: Homeowners Must Fight For Rights!
"The courts usually rely on defendants to point out problems in the cases against them. But in foreclosure court, as many as half of property owners make no attempt to defend themselves."

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