We understand the business of banking law, the complexities of commercial finance, and the importance of creditors’ rights. Our experience includes experience in corporate finance, banking law, commercial and real estate lending, litigation, restructuring and bankruptcy and we deliver to clients the lessons learned from these financial transactions and matters. We have served financial institutions and domestic commercial banks and regional and local community banks. Our banking clients draw upon the diversity and depth provided by a full-service law firm.
We are familiar with banking law and financial transactions in a variety of industries, including:
- Commercial real estate: retail, office, industrial, land, and mixed-use development
- Hospitality: hotels, resorts, restaurants, golf courses, timeshare properties, entertainment complexes
- Multifamily properties and residential communities
- Film and entertainment
- Agribusiness: dairies, processors, nurseries
- Hospitals
- Motor vehicle manufacturers and distributors
- Internet and e-commerce
- Manufacturing
- Equipment leasing
- Sports
- Aerospace
- Mining, construction and building materials
- Beverage alcohol, breweries, wineries
COMMERCIAL, CORPORATE AND REAL ESTATE FINANCE
- Purchases and sales of businesses, including mergers
- Commercial and real estate secured, and securitized financing
- Asset-based lending
- Leasing
- Sales and purchases of loan and lease portfolios
- Construction finance
- Project finance
- Mezzanine debt
- Note sales
- Loan participations
- Preferred equity
- A/B note structures
- CMBS
- Counsel to directors and creditors’ committees
EQUIPMENT LEASING AND FINANCING
- Our firm represents lessors and lessees, banks, other lenders, intermediaries, and equipment managers in a broad range of equipment leasing and financing transactions, for both domestic and international clients, across a range of assets including transportation equipment, intermodal shipping containers, trucks, chassis, construction, energy, railroad rolling stock, healthcare, telecommunications, and technological equipment. In addition to advising on the structuring and documentation of the transaction, including Sharia compliance, equipment recovery, UCC Article 9 sales, workouts, restructurings, and bankruptcy. Representative types of transactions include:
EQUIPMENT LEASING AND FINANCING
- We have represented lessors and lessees, banks, other lenders, intermediaries, and equipment managers in a broad range of equipment leasing and financing transactions, for both domestic and international clients, across a range of assets including transportation equipment, intermodal shipping containers, trucks, chassis, construction, energy, railroad rolling stock, healthcare, telecommunications, and technological equipment. In addition to advising on the structuring and documentation of the transaction, including Sharia compliance, OUR attorneys are well-known for equipment recovery, UCC Article 9 sales, workouts, restructurings, and bankruptcy. Representative types of transactions include:
- Operating leases
- Capital and finance leases
- Synthetic leases
- Single investor leases
- Leveraged leases
- Sale leasebacks
- Equipment portfolio acquisitions and dispositions
- Syndications
- Equipment management transactions
- Lease terminations
- Bankruptcy, workouts and restructurings
DISTRESSED ASSETS AND REAL ESTATE
- Whether a deal is in the process of being put together or is in danger of falling apart, our insolvency team is ready at a moment’s notice to help. Our lawyers act quickly to increase cash flow and preserve the value of the distressed asset, and know how to position our clients for the best possible outcome. We have handled note acquisitions, bankruptcy sales, completion and sale of distressed properties. We have experience with a full range of loans in a restructuring, workout or bankruptcy context. Our lawyers have deep experience in dealing with troubled assets when they are “special” assets.
- Receiverships, workouts, restructures, bankruptcy and foreclosures
- Pre-petition planning
- Buying and selling assets in bankruptcy
- Forensic investigations involving financial fraud, money laundering and embezzlement
- Preferences and fraudulent transfer actions
- Relief from automatic stay
- Judicial foreclosure sales
- Restructuring distressed real estate loans
- Out-of-court workouts: restructuring real estate loans, commercial loans and investments
- Maximizing relief in bankruptcy court:
- Buying and selling assets in Bankruptcy Court
- Intellectual property sales and licenses
- Executory contracts
- Evaluating the bankruptcy implications of business and real estate transactions
- Leases in bankruptcy
- Relief from the automatic stay
- Negotiating, preparing and confirming plans of reorganization
- Negotiating, preparing and confirming creditors’ plans in Chapter 11 cases
- Cash collateral orders for debtors and creditors
- Debtor-in-possession financing for debtors and creditors
- Preference actions
- Fraudulent transfer actions
- Proofs of claim; objections to claims
- Trustees; creditors’ committees; estate administrators
LITIGATION
- When litigation is the best strategy for achieving your goal, we litigate in Federal, State or Bankruptcy Courts as well as arbitrations. We can defend financial institutions and also prosecute collections, receivership and foreclosure actions on behalf of financial institutions and defending actions for lender liability, mortgage fraud and consumer fraud
- Prosecution of collection actions including prejudgment remedies of attachment, possession and receiverships
- Defense of securities fraud and consumer fraud class actions, including claims for unfair competition
- Mortgage related issues including defense of allegations of fraud and negligent underwriting
- Lender liability defense
- Defense of fraud and misrepresentation actions, including inaccurate disclosure of financial information
- Protection of intellectual property rights, including trade secrets
- Defense of employment related claims for discrimination, wrongful termination, and wage and hour cases
- Environmental and land use issues in connection with REO properties
- Prosecuting and defending actions for fraudulent transfers
