Stephen Clark Reilly

Practice Details

• Languages
  French
• Payment Information
  Payment & Cost Features

  Fixed hourly rates
  Fixed fees available
  

  Accepted Credit Cards

  American Express
  Discover
  MasterCard
  Visa
• Video Calls
  Offers Video Calls
• Firm Information
  Position

  Partner

  Firm Name

  Fitch Law Partners LLP
• Representative Cases & Transactions
  Cases

  Cases of Note: Mr. Reilly represented the defendant bank in both the trial
  appellate courts in Grassi Design Group, Inc., et al. v. Bank of America, N.A., et al., 74 Mass. App. Ct. 456, review denied, 454 Mass. 1108 (2009). In that case, the Massachusetts Appeals Court affirmed the trial court's entry of summary judgment in favor of the bank in a convoluted check fraud saga. The Grassi decision is significant because it marked the first instance in which an appellate court in Massachusetts had ruled on the same wrongdoer rule set forth in Uniform Commercial Code ( UCC ) 4-406(d)(2) -- a key defense to many check fraud claims. The Appeals Court also made it clear that, in a check fraud case such as Grassi, the bank's customer bears the burden of proving that the bank did not exercise ordinary care as that term is specifically defined in UCC 3-103(a)(7).
  Mr. Reilly also represented the defendant bank in both the United States District Court for the District of Massachusetts
  the Court of Appeals for the First Circuit in Demelo, et al. v. U.S. Bank National Association, 727 F.3d 117 (1st Cir. 2013). In that matter, which involved complex allegations of predatory lending
  wrongful foreclosure, the First Circuit affirmed the dismissal of the plaintiffs' claims. The First Circuit's decision, which turned on he application of the Financial Institutions Reform, Recovery,
  Enforcement Act of 1989 ( FIRREA ), establishes binding precedent for federal courts located in Massachusetts, Maine, New Hampshire, Rhode Isl
  ,
  Puerto Rico.