Book excerpt: This essential book shows you how to litigate lender liability suits and, when possible, prevent them from ever being filed. Lender Liability and Banking Litigation analyzes theories of liability and provides in-depth discussion of: RICO; planning, budgeting and monitoring litigation from the perspective of inside counsel; discovery, privilege and class action questions; practical aspects of trying a case; alternative dispute resolution; minimizing lender liability through documentation and administrative techniques; lawsuits against directors and officers of financial institutions; CERCLA; and lender liability and the failed bank. The book features numerous sample litigation documents, including: counterclaims and answers by borrowers and lenders; voir dire questions and jury instructions; interrogatories; special verdicts; and a comprehensive loan agreement litigation checklist.