Banking & Financial Institutions

From charters to mergers, Sutherland provides comprehensive counsel to banks, thrifts and holding companies—and to their boards.

Sutherland's Banking & Financial Institutions Practice Group serves as counsel for banks, thrifts and holding companies and for their boards of directors. Our lawyers practice before all the relevant federal and state agencies that oversee banks and other financial institutions, and handle all aspects of banking issues from M&A transactions and regulatory matters to bank charters, product development and litigation. Our bottom-line approach puts Sutherland in a class of its own. Banks know that our priority is achieving their business goals.

Banking litigation tends to increase in tough economic times, and our Litigation Group litigates issues growing out of the lender-borrower relationship. Recently, we defended cases involving all types of lender liability claims, represented lenders in various intercreditor disputes and represented the lead lender in disputes with participants. We defend consumer class actions filed in state and federal courts and handle all forms of bankruptcy litigation.

Why Sutherland
M&A acumen. Our attorneys arrange numerous transactions for many types of depository institutions, their affiliates and intermediaries. We counsel both sellers and purchasers of banks, thrifts and their holding companies and have experience in purchase and assumption transactions involving bank branches and other banking assets.

Regulatory compliance. Our attorneys know the complex fabric of state and federal regulations, as well as industry practices that affect client operations. We are well versed in regulatory matters affecting the latest innovations in the banking industry. Daily we advise banks, thrifts and other institutions on every aspect of compliance.

Corporate governance. Our banking group counsels boards of directors of banks, thrifts and holding companies on corporate governance issues.

Cost consciousness. Our lawyers are adept at cost-effective management of transactions and litigation. Through the innovative use of technology, document forms and customized training for attorneys and paralegals, we continually seek to achieve the high level of efficiency in handling transactions and litigation that is necessary in today's competitive environment.

Diverse client base. Our approach has brought us a varied client base, including domestic and foreign depository institutions, investment banks, commercial finance companies, insurance companies and other institutional lenders. In addition, we represent both domestic and foreign borrowers and issuers of debt securities, as well as underwriters and purchasers of debt securities, in all types of public and private financing transactions. By serving a diverse range of clients with varied needs, Sutherland attorneys have gained enviable knowledge and experience in this field.

Nuts and Bolts
We assist many depository institutions and their investors in chartering and structuring matters. Our services include:

  • Obtaining regulatory approvals for new charters of banks, thrifts and other financial institutions and their holding companies
  • Forming holding companies
  • Effecting conversions of depository institutions from one type of charter to another and from mutual to stock form
  • Advising investors in Change in Bank Control Act and in Bank Holding Company Act control issues and related regulatory applications

Sutherland’s Banking & Financial Institutions Group has extensive experience with M&A including:

  • Counsel to both sellers and purchasers of banks, thrifts and their holding companies, including negotiation and documentation, application for regulatory approval, and transaction consummation.
  • Purchase and assumption transactions involving bank branches and other assets.
  • Acquisition and sale of insurance agencies, title companies, investment advisers and mortgage companies.

We have experience advising depository institutions and non-banks during challenging economic times and recovery, including:

  • Submitting applications for Small Business Lending Fund programs (“SBLF”) and Troubled Assets Relief Program (TARP) Funds for public and private depository institutions
  • Creating alternative financial services products and new product offerings that are compliant with Dodd-Frank and the Consumer Financial Protection Bureau
  • Advising bidders for failed banks
  • Raising private capital for depository institutions
  • Issuance of subordinated debt
  • Advising clients regarding deposit insurance coverage of accounts and products

The Banking Group counsels boards of directors of banks, thrifts and holding companies on a variety of corporate governance issues including:

  • Representing officers and directors of failed community banks in investigations by the FDIC, OCC, OTS, NCUA and other bank regulators
  • Assisting clients in offerings of equity, debt and hybrid securities and in preparing related offering documents
  • Structuring board committees
  • Approving and documenting transactions with insiders
  • Planning and conducting annual and special shareholders’ meetings

Take Action
From Wall Street to rural America, banks and financial institutions turn to Sutherland for counsel that understands and achieves their business objectives.

Selected Experience
Sutherland represents bank in acquisition creating 15th largest U.S. commercial bank.
Our attorneys represented BBVA Compass in its acquisition of the banking operations of Guaranty Bank from the FDIC. The acquisition created the 15th largest U.S. commercial bank with $49 billion in deposits.

Our team assists in more than 100 rural economy transactions worth more than $1 billion.
Sutherland represented a client involved in lending related to U.S. agriculture and the nation's rural economy. We have handled more than 100 transactions with a deal volume exceeding $1 billion with telecommunications, energy, agriculture and water borrowers throughout the country.

Obtained dismissal of a securities class action brought by purchasers of auction rate securities against one of the nation’s largest banks.
Defended one of the nation’s largest banks in a securities class action filed in federal court. We obtained dismissal, with prejudice, of all class claims brought by purchasers of auction rate securities.

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§  “Diversity at Sutherland Asbill & Brennan LLP” to “Diversity at Eversheds Sutherland (US) LLP”

§  “Diversity” section:

o   The firm’s emphasis on diversity is reflected in numerous ways throughout the firm, such as the manner in which we recruit lawyers and other employees, our work-life policies and our professional service efforts. We have been recognized for our achievements in diversity.  More importantly, we understand the significant role a diverse community plays in the firm's growth and development.

§  “Our Awards and Recognitions” section:

o   Eversheds Sutherland (US) LLP continues to be recognized for its efforts to promote diversity in the workplace and in the legal profession. In 2016 we were named a “Best Place to Work for LGBT Equality,” having earned a perfect 100 score on the Human Rights Campaign’s Corporate Equality Index, and we also were ranked a Top 100 Firm for Minority Attorneys by Law360. In addition, the firm was awarded the Gold Standard Certification for the fifth consecutive year by the Women in Law Empowerment Forum.

§  “Our Commitment” section:

o   Eversheds Sutherland (US) LLP is committed to promoting diversity within the firm and in the legal profession.  We believe that diverse skills, knowledge and viewpoints make us a stronger, more productive law firm.  We hire and promote qualified lawyers and other professionals regardless of race, color, national origin, religion, disability, gender, gender identity or sexual orientation.  We understand that diversity enhances our value to clients by allowing us to staff our client teams with professionals who possess broad experiences and a spectrum of perspectives.

o   Eversheds Sutherland (US) LLP has a cross-office Diversity Committee with responsibility for supporting and enhancing our firm culture.  Our committee has helped coordinate and lead a number of efforts to advance diversity within our firm and the community. Affinity groups at the firm serve as support networks for attorneys of color; women lawyers; and gay, lesbian, bisexual and transgender attorneys.

o   We are committed to working with our clients as they pursue the common goal of a professional workplace where opportunity is available to all.

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