Trivedi & Khan successfully represented their client in a high-stakes, $15 million dispute. A major international bank filed a lawsuit against a prominent businessman, seeking indemnity for its losses after an IT company defaulted on a loan. Trivedi & Khan were retained midway through the litigation, replacing a large, prominent law firm. Despite joining the case late in the process, Mr. Zubair Khan and the litigation team quickly mastered the complex factual record and legal issues at play.
The Court granted summary judgment against the bank’s claims based on its interpretation of a “letter of comfort”, a common instrument used in connection with commercial loans in many countries. The bank argued that the letter of comfort constituted an assurance of repayment. However, the litigation team demonstrated that the letter of comfort could not be interpreted as a personal guarantee without violating several well-established legal principles governing the enforcement of guarantees. Ultimately, the Plaintiff failed to establish a personal obligation.
This issue had not previously been interpreted by U.S. courts and therefore demanded a creative legal strategy—something clients have come to expect from Trivedi & Khan.
