Publications

Case Study: Interpharm v. Wells Fargo

September 2011
Law360

On Aug. 26, 2011, the U.S. Court of Appeals for the Second Circuit held that a release of the lender given by the borrower in a forbearance agreement was not induced by economic duress and was therefore enforceable. Interpharm Inc. v. Wells Fargo Bank NA _____ F.3d ____, 2011, (2d Cir. Aug. 26, 2011). Upon paying its obligations to the lender after all its assets were sold, the borrower sued the lender alleging breach of contract, breach of duty of good faith and fair dealing, tortious interference with business expectations, unjust enrichment, and breach of fiduciary duty.