Financial Institutions

Whether operating in the real estate, cash flow, asset-based, or corporate and securities space, we help our financial institution clients structure transactions, identify and resolve issues, and close deals efficiently and effectively.

Overview

When our financial institution clients need to handle high stakes matters, we build a multidisciplinary team to offer precise, integrated service. We work with our clients to find an actionable strategy for time-sensitive deals, taking into account complex regulatory undercurrents.

Our attorneys handle a variety of loan transactions, securitizations, bank mergers, affordable housing, and other corporate transactions on behalf of lenders and borrowers.

We are also skilled in the area of privacy, security, and data protection. In a rapidly changing industry responsive to market conditions and government regulation, we address ongoing compliance issues and help institutions handle breaches of privacy and security. We assist clients in complying with pertinent rules and regulations under the Gramm-Leach-Bliley Act, Fair Credit Reporting Act, Electronic Communications Act, CAN-SPAM Act, USA PATRIOT Act, and other federal and state laws and regulations. We help draft and implement necessary plans, policies, and procedures to protect sensitive information.

Experience

  • Represented agent bank in connection with $300 million syndicated credit facility to an NFL franchise.
  • Represented borrower in connection with $250 million syndicated revolving credit facility secured by industrial property.
  • Represented lender in connection with a $56,300,000 loan secured by a branded hotel and conference center involving additional financing through bonds and tax credits.
  • Represented special servicer for CMBS lender in connection with the sale of an apartment complex in South Carolina acquired by the lender in foreclosure.
  • Provided expert witness testimony in a Fair Credit Reporting Act matter, Chex v. MicroBilt which made new law regarding the privacy of credit report information.
  • Represented originator in connection with $50 million registered offering of litigation backed receivables.
  • Served as an expert on the issues involving Russian civil and commercial legislation and doing business in Russia.
  • Represented finance company in connection with structuring a $40 million litigation pre-settlement and medical receivable origination warehouse facility.
  • Represented the independent consultant for UBS AG in a DOJ Non-Prosecution Agreement and SEC Cease and Desist Order to ensure that UBS executed on undertakings to discontinue providing prohibited services to US taxpayers as stipulated in the relevant agreements.
  • Represented a skilled nursing facility operator in connection with a $145 million revolving asset based credit facility.
  • Represented the chief compliance officer of the broker-dealer subsidiary of a major financial services firm in a FINRA investigation involving late trading and market timing allegations.
  • Represented investment bank in suit by bankruptcy trustee seeking damages in excess of $500 million based on allegations that fiduciary duty breaches in connection with a private notes offering allegedly deepened the debtor’s insolvency. Obtained a large sanctions award against the trustee and his attorneys and a favorable settlement for the client.
  • Represented national stock exchange as tenant in connection with the development, construction and leasing of a 35,000 rentable square foot Tier 4 data center.
  • Represented an agent bank in connection with a $70 million syndicated credit facility to a wholesale gas and oil distributor.
  • Represented a national credit reporting system in a seven year effort to amend the Fair Credit Reporting Act to enhance privacy protections and identity theft prevention protections in the Fair and Accurate Credit Transactions Act (FACTA).
  • Served as lead attorney for coalition of companies and their trade association in a two-year effort to influence the provisions in the Dodd-Frank Wall Street Reform Act.
  • Represented a specialty financial services provider in the acquisition and securitization of various forms of structured receivables, and the establishment of an automobile title lending service.

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