Frederick N. Salvo III

Served as counsel on independent monitoring team regarding oversight of the Kemper Integrated Gasification Combined Cycle (IGCC) Project with work focused on prudency review of large-scale real estate and mineral rights acquisitions and leases over a multi-county area, including work related to rights-of-way, mineral and mining rights, title confirmation, evaluation of suits and liens impacting land acquisition activities to assess prudency, and associated reporting to the Mississippi Public Service Commission. Work also included review and reporting of significant litigation impacting the Kemper Project.

Advised the Mississippi Public Service Commission with regard to the Midcontinent Independent System Operator (MISO) stakeholder process and participation within The Organization of MISO States (OMS) addressing issues related to, among others, resource adequacy, cost allocation, transmission system planning, and market design. Work includes advocating for policies that support client's short- and long-term objectives via participation in various stakeholder committees and forums within MISO and OMS, including review and input on position statements, proposed regulatory, and compliance matters before the United States Federal Energy Regulatory Commission (FERC).

Represented a bank corporate fiduciary with regard to claims by multiple beneficiaries related to the administration of two fifty plus year old trusts by multiple prior trustees and the investment of the trusts' assets over several decades, including common law claims, claims under the Mississippi Uniform Trust Code (MUTC), and claims under the Mississippi Uniform Prudent Investor Act (MUPIA). Issues include use of the Power to Adjust Statute, applicable statute of limitations to beneficiary claims, adequacy of disclosure of trust performance, and related distributions, successor liability, interpretation of trust distribution provisions, and the enforcement of beneficiary releases.

Represented a beneficiary under a Mississippi trust against individual trustee for violation of duties and responsibilities as trustee, including claims for accounting, breach of duty of loyalty, breach of duty to fully inform and protect interests of beneficiary, and for removal of trustee.

Represented a bank corporate fiduciary with regard to compliance with subpoena and a court order related to production of trust records and financial account records for production at adversarial hearing and production of client designee to provide detailed testimony regarding the administration of the subject trust.

Represented banks and other creditors in enforcement of rights under notes, deeds of trust, personal guaranties, and other financing agreements secured by real estate, including related receivership proceedings, as well as the negotiation of loan workout and modification agreements.

Represented multiple banks, loan servicers, investors, and related financial institutions in litigation throughout the Southeast, including the defense of statutory claims under the Truth in Lending Act (TILA), the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Real Estate Settlement Procedures Act (RESPA), as well as defense of state law claims under various consumer protection statutes, trade secret acts, and the defense of fraud, forgery, and negligence claims related to both loan origination and servicing issues. Work includes coordination and management of defense strategy and staffing for a large number of cases in multiple states.

Defended national mortgage lenders in a large number of lawsuits by homeowners arising from Hurricane Katrina alleging failure to notify of the property's inclusion in the federal flood zone and failure to procure flood insurance, with the suits settling on favorable terms.

Obtained summary judgment on behalf of a leading national bank in federal wire fraud case alleging various claims under Article 4A of the Uniform Commercial Code (UCC), the Electronic Fund Transfer Act (EFTA; 15 U.S.C. 1693 et seq), as well as claims for fraudulent and negligent misrepresentation. Summary Judgment granted under UCC Section 4A-207 as it was shown that the client did not have actual knowledge of any beneficiary misdescription, and under UCC Section 4A-211, as it was shown, client accepted and paid subject wire request prior to any request for cancellation or amendment to payment order.

Represented a United States Securities and Exchange Commission (SEC) Registered Investment Advisor (RIA) with regard to claims by client under Investment Management Agreements and Subscription Agreement related to investments in secured subordinated promissory notes issued by an investment finance company that was subsequently placed into receivership. Very favorable settlement reached before Financial Industry Regulatory Authority (FINRA), or American Arbitration Association proceedings commenced.

Represented a California-based equipment finance company with consumer collections matters in multiple states, including Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia, providing services including enforcement of equipment finance agreements against individual and corporate borrowers via replevin actions, enforcement of personal guaranties, collection of money damages, and handling of related bankruptcy proceedings.

Represented a major national digital and print document services provider with regard to enforcement of equipment lease and maintenance agreements against individual and corporate lessors, including replevin actions, suits for collection of money damages, enforcement of personal guaranties, and handling of related bankruptcy proceedings in multiple states across the Southeast. Work includes addressing important issues affecting client's business, including choice of law provisions, enforcement of "hell or high water" provisions, and enforcement of agreements such as finance leases under Article 2A of the Uniform Commercial Code (UCC) as opposed to security agreements under Article 9 of the UCC.

Represented a national title insurance underwriter in a multimillion-dollar defalcation matter, including claims against a former agents and employees of agents for misappropriation and theft of escrow and other funds, including claims for injunctive relief, fraud, breach of agency contract and guarantee agreements, and actions to locate, seize, and/or sequester assets of former agent for use as recoupment of claims paid by the title insurer. Work also includes administration of large numbers of related title claims made by various parties, including insured lenders, owners, and third parties, work on related coverage issues, including those under closing protection letters (CPLs), and handling of related state and federal criminal proceedings and bankruptcy proceedings.

Represented a national title insurance underwriter in claims against a former agent regarding defalcation, including actions to locate, seize, and/or sequester assets of the former agent for use as recoupment of claims paid by the insurer, as well as research and disposition of coverage disputes and title claims arising out of the defalcation.

Represented a national title insurance underwriter with respect to coverage and other issues under a $20 million plus title policy, including policy provisions related to insured's right of access to subject commercial property, appropriate measure of damages under policy terms and conditions (including alleged right to consequential damages), and ability of insurer to fulfill obligations under policy without providing actual access. Work involved significant analysis and consideration of multiple options for access to insured's property, extensive negotiations related to access options, and monitoring and disposition of multiple related litigated cases concerning the subject commercial property.

Continuing work for a national title insurance underwriter regarding the representation of insured owners and lenders in litigation throughout the Southeast involving lien priority issues, easements, reformation actions, and related title curative matters, as well as in recoupment litigation. Work includes management and coordination of title curative strategy and staffing for handling of claims across multiple states.

Represented a real estate developer on a project to clear title to large number of parcels of real estate in order for client to then move forward with development plans, with work including filing and management of over fifteen lawsuits involving significant title issues related to lost heirs, confirmation of tax sale deeds, detailed deraignments of title, prior judgments, and land patents.

Represented an international facilities management firm in a suit against a former manager and competitor for violations of a non-competition agreement and related claims for breach of fiduciary duties, duties of care and loyalty, and unfair competition, obtaining full enforcement of the non-competition agreement and compensatory damages.

Defended a health care rehabilitation professional in a matter related to a malpractice claim alleged by a patient after a catastrophic injury.

Defended a pharmacy and pharmacy technician in a medical malpractice claim related to an allegedly misfilled prescription.

Represented a national car rental company in high exposure personal injury matters in Mississippi, including litigation related to application of 49 USC §30106 (The Graves Amendment) and coverage issues under various rental car agreements.

Represented a national freight broker in litigation in Mississippi involving defenses under applicable statutes of limitations and preemption under 49 USC §14501(c)(1) (Federal Aviation Administration Authorization Act [FAAAA]). Resolution negotiated and dismissal obtained with client paying nothing under terms of settlement agreement.