Commercial Litigation
| Breach of Contract Corporate Fiduciary Duties Trustee Fiduciary Duties |
Mortgage Fraud Bank and Loan Fraud Commercial Negligence |
Breach of Contract
A breach of contract can lead to significant financial losses for a business, whether small or large. Accordingly, a business owner, director or officer in the midst of a breach of contract dispute needs a competent attorney who can effectively protect the company’s rights. The attorneys of Cosgrove Law, LLC have vast experience in commercial litigation and have the meticulous attention to detail necessary to protect you or your company’s contractual rights.
Corporate Fiduciary Duties
A breach of fiduciary duty by a corporate director or officer may give rise to civil, administrative and/or criminal liability. Normally, the individual director or officer who breaches a duty is the person subject to such liabilities. Cosgrove Law, LLC represents individuals; corporate officers and directors; persons and entities that hold a fiduciary position; and intended beneficiaries of a fiduciary relationship in pursuing or defending fiduciary litigation claims.
Trustee Fiduciary Duties
An administrator of a trust acts as a fiduciary for the trust’s beneficiary. As such, trustees are legally liable for violations of fiduciary duty that harm the beneficiary of a trust. Our attorneys have the knowledge and experience necessary to effectively represent individuals and trustees who hold a fiduciary position and intended beneficiaries in regard to trust administration issues and fiduciary responsibility.
Mortgage Fraud
Mortgage fraud is the intentional misrepresentation of material information on a mortgage loan application by one or more individuals to qualify for a loan. Due in part to the collapse of the subprime mortgage market, mortgage fraud investigations on the part of state and federal law enforcement have dramatically increased. Brokers, dealers, lenders and construction companies are frequent defendants in these investigations. Mortgage fraud carries serious penalties if you are convicted. Our attorneys are well-versed in the laws and regulations necessary to effectively defend against charges related to mortgage fraud.
Bank and Loan Fraud
There are several forms of bank fraud, including insider fraud, check fraud, counterfeiting, check kiting and loan fraud. Bank or financial institution fraud may occur any time a transfer of monies, loans, commodities, securities, or valued property takes place, and where either the transferor or transferee is a bank or financial institution. Cosgrove Law, LLC has represented business entities and individuals which obtained commercial loans through false identity or false information on the loan applications.
Commercial Negligence
Corporate directors and officers are required to act in the in the best interest of the corporation and its stockholders. When they do not, it is possible that the directors or officers have breached their fiduciary duties and/or acted negligently. Although the business judgment rule creates a presumption that conduct occurring in the course of business is appropriate even if it results in harm to the company or its shareholders, there are still certain instances in which conduct rises to the level of commercial negligence. When directors or officers have acted in their own self-interest and not in the best interest of the corporation, or when they have acted in an uninformed or wasteful manner, their behavior is not protected by the business judgment rule and they may be held liable for negligence. The attorneys of Cosgrove Law, LLC are ready and able to represent shareholders, corporations, or directors in any action involving commercial negligence.
