- Financial Institution Law
- Corporate Finance
- Governance & Securities
- Mergers & Acquisitions
- Strategic Transactions & Alliances
- Financial Institution Regulation & Compliance
- Real Estate Development
- Real Estate Law
- Business Law
- Business & Corporate
- Real Estate & Bankruptcy Law
- Business Contracts
- Arbitration & Mediation
|University ||University of Michigan, B.A., 1972|
|Law School||University of Michigan Law School, J.D., 1975|
|Admitted||1976, Michigan; 2000, Ohio; U.S. District Court for the Eastern District of Michigan; U.S. Sixth Circuit Court of Appeals; U.S. District Court of Northern California; U.S. Ninth Circuit Court of Appeals; U.S. Tax Court|
Memberships & Affiliations
•American Bar Association, Section on Business Law
•Banking Law Committee
•Community and Mutual Savings Bank Sub-Committee, Vice-Chair (2010 - 2013)
•Community and Mutual Savings Bank Sub-Committee, Chair
•Credit Union Committee
•Commercial Finance Committee
•Commercial & Real Estate Lending Committee
•State Bar of Michigan, Business Law Section
•Michigan State Bar Foundation,fellow
•Arbor Hospice Foundation, Board of Directors
•March of Dimes, Ann Arbor Division, Board of Advisors
•Revenue Committee, Chair
•Detroit Symphony Orchestra, Governing Member
Industry & Professional Associations
•Michigan Bankers Association
•Community Bankers of Michigan
•Michigan Traveling Circus - a nonprofit charitable fraternity of the banking industry associated with the Michigan Bankers Association, Past President
•Michigan Credit Union League
Born and raised in Detroit, Randy joined the firm in 2006. Randy is qualified under the Michigan Supreme Court rules, to act as a mediator for alternate dispute resolution. His expertise is in the handling of business, commercial and financial disputes. His years of experience in the negotiation and handling of higher level transactions give him the knowledge base to appreciate both sides of a dispute and help all parties involved arrive at a mutually satisfactory result. Randy has 35-plus years of experience representing financial institutions, corporate, business and individual clients in the following areas:
•Banking Law/Financial Institution Law: Formation of banks and subsidiaries; mergers and acquisitions; debt/equity financings, private offerings; corporate governance; executive compensation; branch offices and facilities; commercial loan documentation; assistance with regulatory agencies; Dodd-Frank Act.
•Credit Union Law: Mergers and acquisitions; formation of subsidiaries and Credit Union Service Organizations (CUSOs); branch offices and facilities; corporate governance; executive compensation; loan documentation; assistance with regulatory agencies.
•Business and Corporate Matters: Entity organization and planning; corporate governance; debt/equity financings, private offerings; mergers and acquisitions; establishment of subsidiaries, joint ventures & strategic alliances; executive compensation; offices and facilities; family-owned businesses; business transactions.
•Real Estate: Commercial purchases/sales; construction; financing; entity organization and planning.
•Estate Planning: Trusts and wills; family estate planning; business succession planning; investment planning; acts as trustee.
Committed to providing the highest standard of service to his clients, Randy builds rapport with his clients. He is known for his timely, practical and cost-effective advice.
Randy is actively involved in his community and serves on numerous professional committees. He is currently the Chair of the Community Bank and Mutual Savings Sub-Committee of the American Bar Association's Banking Law Committee.
Honors & Recognitions
AV Preeminent Martindale-Hubbell Law Directory
Foster Swift attorneys featured in Michigan Banker Magazine cover story, December 2007
Foster Swift Announces 2009 Executive Committee & Practice Group Leader Appointments, February 12, 2009
Foster Swift Forms Economic Recovery Task Force, November 5, 2008
2008 Executive Committee & Practice Group Leader Appointments Announced, February 19, 2008
Current Trends in Capital Raise Issues for M&A of Smaller Institutions, ABA Business Law Section, Annual Meeting, September 12, 2014
Consumer Protection Examination and Enforcement by the Federal Banking Agencies, ABA Banking Law Committee Annual Meetings, August 2011
Discussed with Examiners: Common Issues in Examinations Randall L. Harbour Foster Swift Finance, Real Estate & Bankruptcy News August 26, 2014
New and Expanded Reporting Requirements for CUSOs from the NCUA Randall L. Harbour November 27, 2013
The CFPB - Early Impressions Randall L. Harbour Foster Swift Banking, Finance & Real Estate E-News December 3, 2012
The CFPB is tasked with regulating and enforcing a list of consumer protection laws including: RESPA, TILA, HOEPA, SAFE Act, HMDA, Fair Credit Reporting, Truth-in-Savings, the Consumer Financial Protection Act and Mortgage reforms, among others. Treasury Auto Supplier Support Program Randall L. Harbour & Todd W. Hoppe Foster Swift Economic Recovery Task Force E-News May 7, 2009
In light of the Chrysler bankruptcy and the instability of the U.S. auto industry, commercial lenders are increasingly unwilling to extend credit based upon these receivables. TARP Capital Purchase Program for Subchapter S Financial Institutions Randall L. Harbour Foster Swift Economic Recovery Task Force January 22, 2009
The term sheet has been issued for banks and bank/financial holding companies who have elected tax status under Subchapter S of the Internal Revenue Code. Capital Purchase Plan Term Sheet Issued for Privately Held Companies Randall L. Harbour Foster Swift Economic Recovery Task Force Bulletin November 19, 2008
Since Treasury took the TARP out of TARP, the impetus has been on the Capital Purchase Plan for the United States Treasury (UST) to invest in qualified financial institutions (QFIs). Financing Construction In Today's Environment Randall L. Harbour Foster Swift Construction E-News October 2, 2008
The credit crunch has affected everyone, but few as hard as the real estate market.
|Reported Cases||Representative Matters: A group of investors and management want to purchase an existing bank, or form a de novo bank; Randy consulted with them and dealt with the federal and state regulators in determining the advisability of the deal and formation of the entity; Randy also represents borrowers in financing of lines of credit and real estate loans, such as a group of hospitals needing to refinance their lines of credit and to build a new hospital in a different state; A mortgage company wanted to raise additional capital by selling equity interests, so Randy advised on and prepared a private offering memorandum with a capitalization of up to $80+ Million; A group of 20-plus credit unions wanted to finance and obtain an equity interest in a national data processing company. Randy planned and successfully formed an entity which did this and he later represented the credit unions on the board of directors. This included extensive involvement and dealings with the National Credit Union Administration and the Michigan Office of Financial and Insurance Regulation; Dealing with the Federal Reserve Board, the FDIC and other state and federal regulators, Randy assisted a bank holding company with a series of mergers that raised the company' s assets to more than $1 billion; The members of a private country club wanted to purchase the club from its founder/developer. Randy negotiated the purchase and the financing, performed all the documentation, dealt with the local and state taxing authorities and handled complex real estate and easement issues; Randy planned and formed an entity owned by a group of credit unions to provide commercial lending for real estate developments and other purposes. He also drafts the master participation loan documentation and the loan documentation to borrowers; A large bank in the United States wanted a way to fund low to moderate income housing developments. The bank hired Randy, who developed financing of a warehouse line of credit; The largest funeral home in Michigan wanted to finance construction of a major branch chapel. Randy successfully negotiated and handled the transaction.|
Documents by this lawyer on Martindale.com
Discussed with Examiners: Common Issues in Examinations
Randall L. Harbour, September 1, 2014
I recently had the opportunity to lead a discussion of prudential regulators and examiners at a meeting of the Banking Law Committee of the American Bar Association. Our topic was identifying the more frequent issues and problems they are seeing in their examinations of smaller financial...
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