Banking & Finance
Lewis Brisbois’ Banking & Finance team represents financial institutions, non-conventional lenders, institutional banks, private equity lenders and borrowers in a wide range of transactions. Our Banking & Finance attorneys regularly counsel clients in all aspects of lending, complex bank financings, general loan document preparation, loan workouts, and loan restructuring. Clients benefit from Lewis Brisbois’ national platform and collaborative culture, and our Banking & Finance team works seamlessly with attorneys in the Firm’s Real Estate, Corporate, Anti-Trust and Regulatory, Securities, Bankruptcy and Insolvency, and Data Privacy and Cybersecurity practices.
The team is headed by Peter F. Harris, who has over 30 years of experience representing financial institutions, state and federal regulators of financial institutions, nontraditional lenders, and borrowers in restructuring distressed commercial real estate loans and in the enforcement of the rights of creditors within and outside of bankruptcy. Mr. Harris was formally in-house counsel for a financial institution and staff counsel for a federal regulator of financial situations, and is currently outside counsel for a financial institution and other lenders, and approved outside counsel for the Federal Deposit Insurance Corporation (FDIC).
Lewis Brisbois’ attorneys have experience in commercial and asset-based lending, credit facilities, recapitalizations, project finance, mezzanine financing and restructuring. We represent clients in all facets of lending transactions, including real estate, corporate finance, and mergers and acquisitions. Specifically, such services include:
- Asset Based Finance
- Bank Lending
- Debt and Equity
- International Trade and Cross-Border Transactions
- Oil and Gas
- Real Estate
- Structured Finance
- Project Finance
Our Banking & Finance team uses the benefit of our national platform and varied expertise by collaborating with attorneys in our corporate, bankruptcy and insolvency, data security and protection, securities, anti-trust and regulatory practices to provide a full array of services to fit our clients’ needs. This synergy allows us to provide an increased depth of knowledge and sophistication to address complex cross-practice issues.
When the traditional remedy of foreclosure may be deemed inadequate because there is little market for a sale at an adequate purchase price or for the leasing of retail and office space to creditworthy tenants, and where the real estate owned portfolio may already be bursting at the seams, a prudent loan workout is often in the best interest of the financial institution and the borrower.
The risk management practices of the financial institution for restructuring commercial real estate loans should be appropriate for the complexity and nature of such challenges, and should be consistent with safe and sound lending practices and regulatory requirements. The attorneys on our workout team can help you develop and implement successful risk management practices designed to appropriately restructure distressed commercial real estate loans.
Our attorneys have the necessary experience and creativity to assist you in establishing a prudent workout policy with appropriate loan terms and amortization schedules designed to permit the institution to modify a distressed loan in compliance with sound lending practices and applicable regulations. A well-conceived workout plan for a loan analyzes the current financial information on the borrower and/or guarantors to determine whether or not a workout will ultimately lead to the collection of principal and interest. The key elements of a prudent workout policy include proper documentation including pre-negotiation agreements and loan modification agreements, collateral administration to ensure proper lien perfection, adherence to statutory and regulatory lending limits, updated and comprehensive financial information on the borrower, the assets securing the loan and any guarantor, current appraisals of the collateral supporting the loan, and analysis and determination of an appropriate workout structure including re-margining requirements and covenants releasing lender from any liability for past conduct.
Where it is determined that a workout would not be appropriate under the circumstances, our attorneys are available to advise you and to represent you with regard to judicial and non-judicial foreclosure actions, enforcement of guarantees, and creditors rights in bankruptcy. Our attorneys have deep experience with the complexities of California's one action rule and anti-deficiency statutes, as well as relief from the automatic stay under the federal bankruptcy code. Our trial attorneys have collectively tried hundreds of cases and continue to try cases regularly. Our reputation for trying cases successfully often helps clients resolve matters short of trial by means of negotiated settlements, arbitration, or mediation. We also have experience in seeking early dispute resolution through provisional remedies such as injunctions, attachments and receiverships.