Finance

OVERVIEW

Regardless of the economic climate, the financial sector is one that is continually evolving - technology improves, regulations increase - but opportunities always exist. With extensive experience working with financial institutions, insurance companies, commercial finance companies and other institutions involved in the lending and borrowing of capital, the Finance Group is uniquely qualified to help clients navigate the challenges and opportunities they face.

Our lending experience includes:

Commercial lending
Asset-based financing
Structured finance
Restructuring and workout of troubled loans
Real estate finance

We have also handled numerous letter-of-credit based and secured loans, loan modifications, loan syndications and participations representing lead lenders, co-lenders and participants in large corporate, real estate, asset-based and middle market financing matters.

We have extensive experience in financing of the purchase and sale of businesses and the purchase and sale of real estate, commercial leasing, entity formation and governance, title insurance coverage and claims, leasing, land development approvals and other entitlements, and condominium and other community associations. Our experience in these, and other areas, is often needed to effectively represent our financial institution clients and to help get the transaction done.

The hallmark of our practice is the close working relationship we have established with clients and our individualized attention to each of them. We approach each matter as a team, involving partners, associates and staff, and work with all levels of each client’s internal organization. The team’s depth enables us to handle matters expeditiously and efficiently without sacrificing attention to detail. We understand the issues, very often from prior transactions with the borrower parties and opposing counsels, but most importantly, we know our clients, how they underwrite, document and administer their loans.

We value the long-standing relationships we have built with our clients. As a result, we have been called on to help formulate internal policies and procedures. We have also played an integral part in helping our clients develop their training programs and often conduct workshops and seminars for them on various subjects in the finance arena. Our clients rely on us, not only as lawyers documenting a complex transaction, but as advisors on structuring deals and as experienced problem solvers when new or unexpected issues arise. We pride ourselves on our ability to think creatively, to work effectively with opposing counsel and to implement win-win situations for clients in difficult transactions.

When needed, we call on lawyers in the firm's various practice groups to provide counsel in other matters, including entity formation and governance, mergers and acquisitions, commercial litigation, creditors’ rights and bankruptcy, taxation, trust and probate law, environmental law, insurance underwriting, claims and coverage, intellectual property, white collar crime, international law and securities.

Commercial Finance

We represent borrowers, lenders and other credit sources on a national, regional and local basis in all aspects of complex commercial finance matters. We routinely handle a variety of commercial finance transactions, including leveraged buy-outs and roll-up financings, cash flow and asset based financing, second lien and mezzanine financing, acquisition financing and construction and development financing.

Our lawyers are involved in all aspects of a transaction from structuring the credit, identifying the applicable borrower and guarantor parties, addressing various types of collateral and perfection methodologies, in addition to negotiating, documenting and closing the transaction. We understand the uniqueness and importance of each matter to our clients and strive to provide our clients with creative solutions, the highest quality work product, and a timely and cost-effective engagement.

Financial Services Litigation

We have extensive experience litigating and trying complex commercial matters related to all aspects of a financial institution’s business. We have tried numerous jury and non-jury cases in state and federal courts throughout the country, as well as complex commercial arbitration matters. Our trial skills, coupled with our willingness and ability to try matters to a verdict, enable us to zealously advocate our client’s positions and obtain favorable results. We also have extensive experience with mediations and other modes of alternative dispute resolution.

We have represented financial institutions in numerous matters including:

defending lender liability claims
prosecuting claims arising out of loan fraud
defending lawsuits alleging check fraud
defending lawsuits alleging wrongful dishonor of items
defending and prosecuting lawsuits alleging breach of presentment and transfer warranties
defending and prosecuting lawsuits alleging late return of items
prosecuting claims of a financial institution arising out of securitizations of loans
filing lawsuits to obtain the appointment of receivers and injunctive relief to protect and enforce the rights of financial institutions in collateral
defending lawsuits arising out of a financial institution’s the alleged receipt of stolen funds
defending lawsuits arising out of claims by real estate developers and other businesses for breach of loan obligations and alleged tortious acts by bank employees
defending contested garnishment proceedings
claims against financial institutions arising out of intra-company disputes by the owners for control of the borrower’s business
prosecuting contested commercial foreclosure and eviction proceedings
prosecuting fidelity bond claims for a financial institution relating to the unlawful conduct of a bank officer

Representative Matters

Represented lender group in the multimillion dollar syndicated financing of a coal company involving inventory and receivables financing, real estate and equipment term loan financing and subordinated financing

Represented lender in inventory and receivables based financing for major ventilation fan company, including subsequent workout and full payoff after default
Represented lender in inventory, receivables, equipment and cash flow financing for major chemical company with operations in U.S. and Canada
Represented lender in revolving credit and term loan facilities extended to plastics manufacturer secured by all assets

Represented lender in revolving credit and term loan facilities extended to aircraft secured by all assets
Represented lender group in inventory and receivables financing for large fragrance company
Represented institutional lender in the receivables financing of a timeshare project, which was part of a master community development and was located in the southeastern U.S.; the exclusive sales and marketing agent for this project was an internationally recognized hotel and resort company; purchasers of timeshare interests in this project had the option to transfer their deeded timeshare interest in exchange for a membership in a points-based club; transaction included a complicated tri-party agreement addressing the purchase from the lender of delinquent pledged receivables