Practice/Industry Group Overview
The Adams and Reese Banking and Finance Team works closely with the in-house counsel of banks and other institutions to avoid legal problems and successfully resolve matters that arise. Members of the team regularly structure, negotiate, document, render opinions and close complex and routine financial transactions. These include loans, leasing, public finance and real estate deals, among others. Team members also provide advice and guidance regarding compliance with complicated federal and state laws and regulations that govern the delivery of financial services and products.
Our attorneys assist with the development, launch and delivery of financial services and products, while collaborating with you to handle ongoing operations issues. We also know the landscape for litigation and can put together a team designed for the area in which your case will be tried. Our network of experts and long experience with business litigation and appeals allows us to mobilize quickly and effectively.
Attorneys on our team have decades of experience working as in-house counsel for banks and as experts in matters including banking software, electronic payment systems, remote deposit capture and substitute checks. Operating throughout the southern United States plus Washington, DC, we draw from the collective national experience of our lawyers in banking and other practice teams such as labor and employment, economic development, M&A, securities and governmental relations, to name a few.
Our attorneys have tried and litigated high profile and multi-million dollar cases for clients throughout the United States, including class action and multi-district litigation. Familiar with the various courts and governmental agencies, we have earned a respected name for pursuing large, complex matters.
Core Practice and Clients
We serve clients throughout the banking and finance industry: banks, thrifts, credit unions, mortgage companies, mortgage brokers, structured finance providers, asset based lenders, specialty lenders and investors, insurance companies, financial industry service providers and commercial consumers of financial services. Our core practice areas include:
Regulatory and Compliance: providing representation and general counsel, design and implementation of compliance programs in connection with federal and state regulations; consumer lending and leasing and corporate governance. This includes work with consumer credit and residential mortgage industries regarding compliance with RESPA, Regulation Z (Truth-in-Lending) and other applicable laws and regulations.
Payment and Investment Systems: advising on automated clearinghouse and wire transfer services, disputes arising in connection with cash letters and the clearing of paper and electronic items, master agreements and implementation forms for corporate cash and treasury management products and services.
Electronic Finance: drafting contracts and agreements with vendors of products used to electronically provide financial services by Internet access or direct interface with the computer systems of financial services providers. We also advise on shared marketing Internet websites that provide access to financial quotes and products, including banking related services, securities and insurance.
Secured Lending: managing and monitoring the issuance of loans secured by accounts receivable, inventory, equipment and other business assets. We assist financial institutions with operational aspects of project and development financing for various industrial and manufacturing properties and projects, particularly energy, exploration and capital facilities. We offer extensive knowledge of capital financing and facilities for the benefit of businesses and high net worth individuals secured by investment securities, including restricted securities.
Structured Finance/Restructuring: assisting with multi-tiered capital development credit facilities provided by mezzanine lenders and venture capital investors, securitization of asset-backed and mortgage loan pools, syndicated term and revolving credit facilities provided by multiple lenders, complex unsecured working capital credit facilities involving public and private companies. We also advise on workouts and restructuring transactions involving the financial condition or business operations of debtors.
Letters of Credit: representing domestic and international transactions involving letters of credit, including credit enhancement for bond issues.
Financial Derivatives: providing counsel for interest rate swaps, options, caps, collars, and other financial derivatives with emphasis on transactions governed by the documents and conventions of the International Swap Dealers Association.
- Defended Wall Street investment bank and its general securities representative in unsuitability, "dram shop" claim brought by investor seeking in excess of $30 million in NASD and federal court proceedings.
- Defended D&O insurer of publicly traded bank in class action securities matter brought by investors seeking hundreds of millions of dollars for alleged fraud arising from inappropriate omissions and inaccurate disclosure of loan loss reserve and setting of same.
- Defended a corporate registered investment advisor and three of its officers against claims by its client alleging unsuitability pursuant to federal and state securities laws as well as claims of breach of fiduciary duty, deceptive trade practices and common law fraud.
- Defended major accounting firm against $700 million claim of professional liability and fraud relating to audit work performed for publicly traded company, which was liquidated in bankruptcy court.
- Defended a bank and one of its officers in a lawsuit alleging negligence and seeking a declaratory judgment and damages related to loan secured by real property.
Due to our extensive work with banks and financial institutions, we answer questions very quickly without undue delay or expense. We keep you updated on changes in the industry that impact you so that you can make the necessary adjustments in advance. We are known for our long-term relationships, responsiveness and in-depth knowledge of financial services industries.