We have negotiated all aspects of commercial and real estate loan transactions in all industries and in the syndication and participation of those loans. This includes drafting or reviewing loan agreements, notes, security agreements, control agreements, guaranty agreements, intercreditor agreements, loan participation agreements, syndicated loan documentation, loan modification agreements, loan workout agreements and letters of credit. We also determine the proper methods of perfecting security interests in all forms of collateral, including real property, tangible personal property (including inventory, equipment, farm products and aircraft) and intangible personnel property (including patents, trademarks and licenses). We also negotiate ISDA Documentation of hedging transactions, including interest rate swaps.

We advise on investors and our consulting firms of regulations generally, and specifically on consumer protection regulations. This practice entails drafting or reviewing forms, policies, processes and procedures for compliance with these protective regulations.

We have represented investors and our consulting firms in negotiations, enforcement actions and litigation arising out of consumer protection obligations. This includes allegations of violation of the Truth-in-Lending Act, claims for rescission of consumer loans, and administrative enforcement of NFIP penalties.

We advise on all statutes and regulations relating to deposit taking activities, including Uniform Commercial Code (particularly UCC Articles 3, 4 & 4A governing negotiable instruments, bank collections and deposits, and funds transfers), Rules of the National Automated Clearing House Association and other payment systems, Regulations of the Federal Reserve Board governing deposit and funds transfer activities (such as Reg D, Reg E, Reg J, Reg O, Reg CC, and Reg DD) and its Operating Circulars, deposit insurance rules of the FDIC, and anti-money laundering and Bank Secrecy Act requirements.

We have represented banks in issues related to forged checks, unauthorized withdraws, and unauthorized funds transfers.

Traditional banking activities are now being conducted more increasingly via electronic means. We advise banks on all aspects of electronic banking.

Requirements regarding privacy and information security now apply to almost all businesses. As a consequence, we have advised banks, savings associations, credit unions, credit card issuers, asset based investors, national retailers, hospitals, medical clinics, and insurance companies, among others, regarding privacy issues. We regularly deal with issues arising under the Health Insurance Portability and Accountability Act and the Gramm-Leach-Bliley Act and the regulations issued by the various agencies responsible for their enforcement (specifically, the Privacy Rules, the Safeguard Rules, the Red-Flag Guidelines and data breach response rules). We have assisted in establishing policies and procedures for information security, and drafting privacy notices.

We have assisted regulated entities in dealing with unauthorized disclosures of protected information and defending against agency enforcement actions based on breach of these regulations.

We have had substantial experience in all aspects of crises in the financial markets. Our experience includes counseling directors and officers on properly discharging their responsibilities to their shareholders and regulators, analyzing D&O and E&O insurance policy issues and making claims, disputing findings in reports of examination, acquiring troubled institutions or their assets, due diligence on failed bank acquisitions, purchasing assets from the FDIC, dealing with defaulted loans where the FDIC is lead, analyzing trouble assets, and negotiating and drafting pre-negotiation agreements, settlement agreements, amendments to loan documents and deeds-in-lieu of foreclosure.

Our attorneys practice in all state and federal courts and before all regulatory bodies. We have substantial experience litigating a variety of disputes, including defending numerous institutions and credit unions against individual and putative consumer class action claims involving the assessment of overdraft/NSF fees.