As of one of the premier authorities on lender/borrower disputes, T.A. Myers & Co. provides consulting services and expert witnessing in a broad range of lender liability disputes in banking litigations involving foreign and domestic banks. We have worked on behalf of regulators, private party plaintiffs, and banks in numerous litigations involving all areas of lender liability and banking law, including:
- Breach of Contract (including breach of commitment to fund or renew loans, oral commitments, and good faith and fair dealing allegations)
- Bad Faith
- Fraud and Constructive Fraud
- Negligent Misrepresentation
- Tortious Interference
- Negligence in Loan Administration
- Securities Fraud
- Bank Secrecy Act violations
- Director and Officer liability
- Bankruptcy issues including equitable subordination
- Fraudulent and preferential transfers
- Money Laundering
T.A. Myers & Co. has provided extensive training for the banking industry and banking regulators on problem loan matters, and developed comprehensive policies and procedures for financial institutions and their regulators regarding numerous subjects including complex syndicated lending, merger and acquisition financing, securitizations, borrower evaluation, banking operations, financial statement manipulation, problem asset classification, and problem loan workouts.
T.A. Myers & Co. has published two authoritative texts on problem loan identification and asset management: "The Problem Loan Action Plan: A Uniform Methodology for Dealing with Problem Assets" and "Real Estate Problem Loans," both published by Dow Jones Irwin, now McGraw-Hill. In addition, Thomas A. Myers has written an authoritative text published by the American Bankers Association entitled "Income Property Construction Lending Manual," as well as other articles on lending standards, problem loans and litigation related issues. Mr. Myers has lectured extensively on the subject of lender repossession strategies, as well as creditor issues in bankruptcy. Both of his books contain chapters on lender liability issues, lender repossession strategies, and bankruptcy matters. T.A. Myers & Co. has frequently counseled regulators from the all of the banking regulatory agencies (including the OCC, FIDC, OTS, FFIEC, various Federal Reserve Banks and the NCUA), as well as numerous financial institutions and industry trade groups, regarding the issues of lender liability, lender repossession strategies and bankruptcy from both the creditor's and the borrower's perspective.
Mr. Myers has been the chairperson for more than a dozen national conferences on problem commercial loan management, including related litigation, and chaired three national conferences for the federal regulators. He authored and taught a week-long course for the Office of Thrift Supervision on the subject of problem loans. This highly rated course was presented on numerous different occasions over several years. Completion of a week-long course developed and presented by Mr. Myers entitled "Loan Analysis" was required by the Office of Thrift Supervision for its examiners to obtain the "Commissioned Thrift Examiner" status.
Mr. Myers was identified as a key person by the Office of Thrift Supervision ("OTS") to assist in developing their program of training for examiners dealing with problem asset classification. Litigation issues were a key aspect of the regulatory assessment. Mr. Myers was retained to provide case studies and written materials for a program on problem asset classification administered by the OTS to its examiners on a nationwide basis. He was also engaged to train OTS examiners and made more than 40 presentations nationally on the subject of problem asset classification. In addition, the Federal Home Loan Bank System hired T.A. Myers & Co. on various occasions to consult regarding problem asset classifications and to assist individual savings institutions with developing policies regarding problem asset administration.
At the request of Congressman LaFalce, Mr. Myers prepared a comprehensive report dealing with the liability of professionals from various disciplines for losses to financial institutions resulting from fraud and/or negligent acts. This paper addressed the actions of officers and directors, legal counsel, independent auditors, appraisers, mortgage brokers, and real estate brokers, among others.