Brian A. Kilpatrick

Certain Merger Clauses Will Not Preclude Fraudulent Inducement Claims After Recent Texas Supreme Court Decision
Brian A. Kilpatrick,Gordon M. Shapiro, April 28, 2011
In Italian Cowboy Partners, Ltd. v. The Prudential Ins. Co. of America, S.W.3d, 2011 WL 1445950 (Tex. April 15, 2011), the Texas Supreme Court issued an opinion concluding that a fairly typical merger clause, absent an expressed clear and unequivocal intent to disclaim reliance or waive claims for...

Loan Servicer Has Standing To Enforce Note Against Borrower Even Though It Was Not the Holder of the Note
Brian A. Kilpatrick,Gordon M. Shapiro, April 28, 2011
In ECF North Ridge Assocs., L.P. v. ORIX Capital Mkts., S.W.3d, 2011 WL 856902 (Tex. App.—Dallas March 14, 2011), the Dallas Court of Appeals held that a loan servicer (ORIX) had standing to sue the borrowers of a loan it serviced for breach of the loan agreement in spite of the fact that it...

UCC Case Law Update
Brian A. Kilpatrick,Gordon M. Shapiro, February 24, 2011
We have recently seen some potentially significant Uniform Commercial Code (UCC) decisions in Texas in the last few months which may be of interest to our financial institution clients. We have given a brief synopsis of these cases below, along with our analysis of the impact that such cases may...