As with all endeavors, financial relationships have a beginning, middle, and an end. Each phase presents unique challenges and opportunities. The team-based focus of Crowell & Moring's financial services group allows our talented attorneys to develop solutions to complex issues arising in all segments and stages of the financial services industry.
Our financial services attorneys offer an extensive scope of services in a variety of areas, including commercial lending, structured finance, real estate finance, bankruptcy and creditors' rights, and financial institutions litigation. The practice spans a broad range of business sectors, including aviation, banking, construction, communications, environmental, health care, insurance, manufacturing, real estate, utilities, and not-for-profit corporations.
Commercial, Structured and Real Estate Finance
Our finance team has experience representing a variety of institutions in transactions involving commercial or asset-based lending, structured, mezzanine and conduit financial products, real estate, fund formation, and other complex transactions. We have handled a variety of major transactions, including syndicated loan transactions, CMBS deals, and micro-securitizations. The front-end team is regularly involved in back-end work for financial services clients as well, providing clients with the perspective of our attorneys' broad exposure to the entire lending cycle.
Financial Institutions Litigation
Our attorneys have represented financial institutions in major litigation involving various aspects of finance and lending. We have broad experience handling significant disputes regularly encountered by lenders and servicers throughout the country, and have counseled financial institutions through complex disputes involving: general, CMBS, syndicated, and specialized lending; negotiable instruments; transfer agents; lender liability claims; insurance; and bankruptcy proceedings, including related bankruptcy and state court litigation.
Bankruptcy and Restructuring
Our bankruptcy team brings a sophisticated business sense derived from our lawyers' experience in industries such as aviation, energy, financial services, health care, insurance, manufacturing, real estate, and telecommunications. We have extensive experience as counsel for creditors, debtors, and other affected parties, in both the bankruptcy and pre-bankruptcy contexts, including: lo an restructuring; "workouts" and related litigation; asset recovery, collateral conversion, and foreclosure; acquisition of assets; all facets of Chapter 7 and Chapter 11 cases, including DIP financing, automatic stay litigation, preservation of cash collateral, defending preference claims, 363 sales, claims litigation, and claims trading. In addition, our lawyers have experience representing clients in novel and cutting edge issues, particularly in mass tort bankruptcy matters and matters involving the distressed debt and equity arena.
Our Practice
Bankruptcy and Restructuring
Crowell & Moring LLP's bankruptcy and restructuring team provides clients with creative and practical solutions to business problems. We focus our skills on developing and implementing customized strategies to solve complex financial issues.
Our bankruptcy team brings a sophisticated business sense derived from our lawyers' experience in industries such as aviation, energy, financial services, health care, insurance, manufacturing, real estate, and telecommunications. We have extensive experience as counsel for creditors, debtors, and other affected parties, in both the bankruptcy and pre-bankruptcy contexts, including: lo an restructuring; "workouts" and related litigation; asset recovery, collateral conversion, and foreclosure; acquisition of assets; all facets of Chapter 7 and Chapter 11 cases, including DIP financing, automatic stay litigation, preservation of cash collateral, defending preference claims, 363 sales, claims litigation, and claims trading. In addition, our lawyers have experience representing clients in novel and cutting edge issues, particularly in mass tort bankruptcy matters and matters involving the distressed debt and equity arena.
We have substantial experience representing ad hoc committees, buyers of distressed assets and debt, debtors, equity holders, insurance companies, investors, official committees, secured lenders, unsecured creditors, utilities, and trustees in matters across the country. We recognize that every client relationship must be highly customized and supported by a knowledgeable team of skilled practitioners.
Our lawyers are both counselors and litigators. We have advised clients on the range of issues that result from doing business with troubled companies, and we have litigated matters for our clients in cases in state and federal trial courts and courts of appeal. The versatility of our bankruptcy team also is enhanced by its ability to draw upon the Firm's lawyers in the corporate, energy, financial services, insurance, intellectual property, and tax practices.
The bankruptcy team has a national practice. Our lawyers have increasingly played leading roles in some of the nation's most prominent bankruptcies, particularly mass tort, asbestos and product liability bankruptcies.
Our lawyers are rated among the best by our peers. Mark Plevin has been recognized as "thorough and aggressive in a positive way," with a "deep understanding of complex issues" and an ability to "approach matters in a creative and independent way," which are an enormous help for clients. Chambers USA (America's Leading Business Lawyers—2005, 2006 and 2007). Leslie Epley has been ranked by Chambers as someone to watch. Chambers USA (America's Leading Business Lawyers—2007).
Commercial, Structured & Real Estate Finance
Our finance team has experience representing a variety of institutions in transactions involving commercial or asset-based lending, structured, mezzanine and conduit financial products, real estate, fund formation, and other complex transactions. We have handled a variety of major transactions, including syndicated loan transactions, CMBS deals, and micro-securitizations. The front-end team is regularly involved in back-end work for financial services clients as well, providing clients with the perspective of our attorneys’ broad exposure to the entire lending cycle.
Creditors' Rights
Crowell & Moring's creditors' rights team works with large financial institutions, individual creditors, and groups of creditors to effectively deal with all facets of distressed debt, investing, and exit strategies. Our lawyers have significant experience representing Wall Street institutions, such as hedge funds, investment banks, national and regional banks, private equity groups, and opportunity funds, in situations involving insolvency issues, restructuring of financial relationships, and transactions involving the purchase and sale of assets.
Our lawyers have assisted clients in connection with: loan restructuring; "workouts" and related litigation; asset recovery, collateral conversion and foreclosure, including tax lien foreclosure and condemnation; acquisition of assets; and all facets of Chapter 7 and Chapter 11 cases, including DIP financing, automatic stay litigation, preservation of cash collateral, defending preference claims, 363 sales, and claims trading. We have experience meeting the needs of financial institutions, servicers, commercial financing companies, equipment lessors, insurance companies, asset managers, and government authorities with regard to the preservation, management, and recovery of troubled commercial loans, assets and obligations.
Our practice is not limited, however, to the representation of institutional creditors and opportunity funds. Our lawyers have represented lessees, trade creditors, and utilities in bankruptcy matters and litigation matters. In addition, attorneys in the Financial Services Group have represented creditors' committees and trustees in bankruptcy proceedings.
Distressed Debt and Equity
The distressed debt market has opened up numerous exit strategies for troubled companies and opportunities for savvy investors. In the distressed debt and equity arena, Crowell & Moring's Financial Services Group offers a "boutique" practice made up of attorneys with extensive experience helping clients capitalize on market opportunities.
Our lawyers have conducted legal due diligence on all types of distressed debt and equity portfolios, and have analyzed more than $10 billion in distressed deals for hedge funds, investment banks, national and regional banks, private equity groups and opportunity funds. We have the experience and knowledge to advise clients interested in purchasing assets, business divisions, debt or equity positions, claims, or even entire companies in distressed situations.
In the course of assisting our clients with various complex transactions, we have represented clients in connection with insolvency issues, the restructuring of debt and equity in out-of-court workouts, bankruptcy cases, enforcement and foreclosure actions, defense of lender liability claims, taxation matters, and transactions involving the purchase and sale of assets from distressed entities. Our attorneys have been involved in these transactions throughout the United States, its territories and internationally.
Financial Institutions Litigation
Our attorneys have represented financial institutions in major litigation involving various aspects of finance and lending. We have broad experience handling significant disputes regularly encountered by lenders and servicers throughout the country, and have counseled financial institutions through complex disputes involving: general, CMBS, syndicated, and specialized lending; negotiable instruments; transfer agents; lender liability claims; insurance; and bankruptcy proceedings, including related bankruptcy and state court litigation.
The depth of our lawyers’ experience ranges from substantial trial and appellate experience in a variety of complex matters, to evidentiary hearings and arguments in bankruptcy-related disputes. In addition to our team’s trial advocacy experience, we have experience counseling and advising financial institutions regarding their rights and how to avoid or resolve complex litigation.
Hedge Funds, Opportunity Funds & Alternative Investments
Members of our Financial Services Group have expertise related to a broad range of complicated legal issues facing hedge funds and other private equity funds and investments. We have advised hedge funds, opportunity funds, and "funds of funds" operating in various jurisdictions and across a multitude of industry sectors. Our lawyers possess expertise in the formation of alternative investment funds, and readily assist clients in deciding whether they should utilize side-by-side, master-feeder, mini-master, trust, or segregated portfolio company structures.
Financial Services & Bankruptcy Industries
Crowell & Moring's clients participate in a broad range of industries. As a result, our lawyers have developed deep experience and understanding in many industries, some of which are noted below. By working with colleagues in the firm's industry-specific Practice Areas, we leverage the firm's capabilities and experience to develop strategies to achieve results for our clients in a variety of niche areas.
If you have an interest in learning more about a particular industry not list below, you may want to search our other Practice Areas to locate information related to that industry.
Aviation
We advise clients on the full range of transactions and regulatory issues affecting business aircraft owners and operators, including domestic and international concerns, Fortune 100 companies, privately held companies and high net worth individuals. We represent corporate flight departments, owners of fractional interests in aircraft, operators of large commercial aircraft, aircraft management companies and air charter operators. We regularly deal with all major corporate aircraft manufacturers.
Our practice includes purchase, sale and lease transactions; financing, maintenance, repair and management arrangements; and related sales, use and excise tax issues. We provide regulatory advice on FAA, DOT, TSA and NTSB compliance, and we assist clients with aircraft and airport security, airport access and noise restriction issues and related enforcement matters.
Energy
Lawyers in the Financial Services Group have significant experience advising companies in the energy industry, in distressed or insolvency-related matters. From litigating motions to reject FERC-jurisdictional power contracts, to obtaining adequate assurance of future performance, to protecting indemnity and other rights, including rights of setoff and recoupment, our group has experience dealing with and protecting entities impacted by bankruptcies. One of the lawyers in our group was part of the core team representing large utility companies and independent system operators (ISOs) in several large energy cases across the nation.
Health Care
Members of our team also have significant experience advising clients in the health care industry in distressed or insolvency related situations. From assisting in the negotiation and documentation of sales and other transactions, to obtaining adequate assurance of future performance, to protecting contract and lease rights, to navigating health care specific issues such as Medicare/Medicaid administrative matters, medical malpractice claims and fraud and abuse issues, our team has experience protecting rights in the health care industry.
Technology, Media and Telecommunications (TMT)
Lawyers in the Financial Services Group also have significant experience advising clients providing communications, publishing and e-commerce services to industry and consumers. From counseling with respect to the protection of intellectual property and other contract rights, to obtaining adequate assurance of future performance, to protecting indemnity and other rights, members of our team have experience dealing with and protecting entities impacting by bankruptcies.
