Financial Services

The Firm represents lenders in negotiating and preparing loan documents for a wide variety of real estate projects, including multi-unit residential properties, office buildings, shopping centers, warehouses, industrial properties and flex or mixed-use space, “swap” loan transactions and construction loans. Our overall expertise in real estate matters, including environmental, title, zoning, subdivision and land-use, enhances the Firm’s capability in addressing and solving any issues and problems which arise in the course of these transactions.  We also counsel lenders in complex asset-based credit facilities, including term loans, revolving and non-revolving lines of credit, warehouse lines of credit and loans secured by unusual assets.  Many of our clients often act as loan participants or co-lenders with other banks and we prepare, review and negotiate the inter-creditor agreements, subordination agreements, lien priority agreements and other documents setting forth the business transaction between and among the various lenders.  We also assist our banking clients with their troubled loans, including preparation of forbearance agreements and loan restructuring documentation.  If a borrower defaults or becomes insolvent or bankrupt, we represent the lender in collection matters and continued enforcement of its creditor’s rights in any bankruptcy proceeding.  Our attorneys have also counseled buyers and sellers in the purchase or sale of hundreds of millions of dollars of loan portfolios.   

We also counsel our banking clients with respect to all of their insurance-related needs and have successfully prosecuted claims under their financial institution bonds, Directors and Officers Liability policies, Professional Liability policies, and Electronic Risk Liability policies.  In the last couple years alone, we successfully litigated a multi-million dollar settlement of an employee dishonesty claim under a financial institution bond to recover loan losses sustained as a result of a kickback scheme orchestrated by one of the bank’s loan officers.  We also have successfully litigated several D&O claims, including (1) securing a contribution in excess of $1 million to the settlement of a substantial fraud/securities claim, (2) recovering the significant investigative costs incurred in responding to a shareholder derivative demand and (3) obtaining a seven figure policy limits judgment in connection with a data breach occurring at one of the bank’s third party credit card processors. In addition to our insurance counseling/litigation, we have successfully represented our banking clients in the defense of a variety of class actions and lender liability claims.

For more information, please contact Gary A. DeVito, Kenneth J. Fleisher, Michael M. Goss, Philip A. Magen, David F. McComb, Neil T. Rubin, Anthony R. Twardowski or any of the practice members referenced in the Attorney Listing.