- Financial Institutions
Our familiarity with the issues and concerns of financial institutions in today’s complex, evolving economic and regulatory landscape allows us to serve as trusted advisers to bank executives and directors on matters ranging from day-to-day concerns to complex financing transactions, "bet the bank" litigation and transformative acquisitions.
The members of our financial institutions team have worked with large and small financial institutions across the country for many years and offer clients a wealth of practical, hands-on experience and legal knowledge. Financial institutions rely on us to monitor and advise them on all the issues that affect their industry, including compliance with the Dodd-Frank Wall Street Reform and Consumer Protection Act.
We complement our knowledge of the law with an intensive effort to understand each individual client, including their history, management team, customers, employees and how they serve their community. Our commitment to innovative solutions, understanding of the regulatory process and relationships with investment bankers, accountants, trustees, and other service providers, prove us an invaluable asset to financial institutions seeking a value-driven law firm that can help them achieve their goals in every area of their business.
- Led defense of patent infringement suit brought by patent troll relating to check scanning and processing
Represented VeriCheck, Inc., a leading ACH payment processor, in E.D. Texas litigation against a patent troll. As part of our defensive strategy, we prepared and filed a petition with the USPTO for Covered Business Method review and argued that the asserted patent claims were invalid under Section 101 for being directed to patent ineligible subject matter. The parties reached a confidential settlement shortly after the CBM petition was filed. Lyssa ...
Obtained $1.1 million judgment in securities fraud litigation.
Directed investigations into potential professional liability claims associated with the failures of four state-chartered banks in Georgia from 2006 to 2014. The investigations included examination of the conduct of bank directors, officers, lawyers, accountants, appraisers, engineers, architects, and other professionals, as well as the assertion of claims in connection with bankers’ bonds. Claims against directors and officers in two of the matters ...
Led defense of claims of misappropriation of trade secrets and breach of loyalty in connection with departure of group of employees and establishment of competitive business. The parties reached a confidential settlement. Wells Fargo Foothill, Inc. v. Cratos Capital Partners, LLC.
Prevailed on summary judgment (affirmed on appeal by the Eleventh Circuit) on behalf of American Express in major copyright infringement action involving maps of Atlanta in a dining guide. Crownfire Publications v. American Express.
Represented national and regional resort developers as lead and/or local counsel in connection with the financing of vacation ownership receivables through numerous term securitization, warehouse lines of credit, receivables hypothecation and whole loan sale transactions with combined transaction sizes/commitments in excess of $1 billion including the following: (1) Representation of a national resort developer in connection with a term ...
Represented a receivables management and purchasing firm in connection with all senior and subordinated financings/credit facilities with combined transaction values in excess of $50 million. An example of a recent representation for this client includes a recapitalization transaction in which we served as lead counsel in all aspects of structuring, negotiating and documenting a senior and mezzanine debt refinance and a concurrent third party equity ...
Served as lead counsel to a national developer (and certain subsidiaries) in connection with the structuring, negotiation and documentation of a private offering of $75 million senior secured notes. The note issuance was a highly significant event in the life of this client providing a part of the financing ultimately necessary for a subsequent merger transaction resulting in this client’s becoming a private company.
Defended HomeBanc, and its former CEO, in Wage-Hour collective actions in Georgia and Florida federal courts seeking to treat mortgage loan officers as non-exempt and thereby entitled to overtime pay. All were settled very inexpensively.
Represented southeastern private equity fund in its formation offering, as well as the acquisition and disposition of its portfolio companies.
Advised multiple clients and prepared private placements to raise financing for new companies or existing companies to expand businesses. Recent work in private placements include an insurance brokerage and a real estate development company.
Represented issuers and a private equity investor in more than 25 subordinated debt issuances by bank holding companies across the U.S. Each issuance involved $2–15 million in principal amount and was structured to qualify as Tier 2 capital for the issuer under the applicable regulatory capital rules.
Represented an investor in a $2.5 million recapitalization involving the amendment of existing preferred stock terms, the purchase of additional shares, and the acquisition of trust preferred securities from a CDO pool. The transaction improved the issuer’s capital structure and enhanced the value of the investor’s existing equity investment.
Client Bill Wilkinson worked with Mick Ramunno at Renaissance Asset Management, where Mr. Ramunno traded a commodity investment pool on behalf of investors. During an audit by the National Futures Association, Ramunno admitted that the operation was a Ponzi scheme. Over the next several months, Mr. Leonard guided Mr. Wilkinson through investigations by the Commodities Futures Trading Commission (which sued Mr. Ramunno and Renaissance for commodities fraud ...
Represented Basis Real Estate Capital, LLC with the origination and funding of multiple CMBS loan transactions, which were included in an approximately $785 million securitization. Continues to advise and represent client in quarterly CMBS securitization transaction. Represented lender in the negotiation and drafting of CMBS loan documents for a subsequent securitization.
Represented resort developer in the sale of $30 million resort and other assets. Represented a South Carolina-based timeshare developer with its sale of timeshare resorts located in South Carolina and Tennessee. Assisted in drafting and negotiation of asset purchase and sale agreement and all related closing documents. We also assisted in updating all necessary regulatory registrations.
Represented prominent hotel located in Buckhead, Atlanta in all aspects of licensing, compliance and general corporate matters. Assisted hotel developer with all state, federal and local alcohol licensing, including business licensing for the hotel and related restaurant Craft.
Represented Las Vegas resort developer in the sale of real property intended for a redevelopment project located on the Vegas strip by Harrah’s Hotel Resort and Casino. One of several attorneys involved in document negotiation, drafting and closing the transaction.
Represented a resort developer in connection with a $40 million hypothecation loan transaction involving receivable loans, which was securitized. Assisted in all aspects of document negotiation and drafting and due diligence.
Represented surviving company in a $200 million merger. Represented resort developer in acquisition of new resort homes to add to a club. The transaction also involved a $200 million credit facility with CapitalSource bank. Assisted in negotiation of the purchase and sale agreement, review of due diligence, review of loan documents and preparation of all corporate work relative to the transaction.
Acted as counsel to lender in a two-tiered loan for acquisition and development of a mixed-use “live-work-play” project. One City Walk is expected to become the focal point for a new city center for Sandy Springs, a community which was incorporated in 2005 and is now Georgia’s seventh-largest city. The project also involves the issuance of bonds through the Development Authority of Fulton County, due to the qualification of the project for a State of Georgia ...
Represented BB&T in early 2012 in closing one of the first major post-recession development loans in Atlanta, Georgia. This loan financed the construction of a mid-rise luxury multifamily development in the upscale Buckhead area of Atlanta. The project was constructed in an existing mixed-use development containing the Hotel St. Regis, and involved complex cross easements for parking and documentation of air rights. This transaction was significant as one of ...
Experience includes representation of lenders in the closing of commercial loan modifications, and representation as closing counsel in numerous commercial loan closings.
Modification of more than 75 loans for the FDIC as receiver for various banks.
Represented numerous banks in successful resolution of hundreds of loans acquired from multiple failed banks including workouts, litigation and judgment collection, foreclosures of real and personal property, statutory confirmation of foreclosures, litigation regarding loan participation disputes, and resolution of real property title issues. Advises banks regarding compliance with garnishment, levy, subpoena and bank secrecy matters.
Obtained summary judgment in a lawsuit involving breach of promissory notes and obtained satisfactory result for client through post judgment collection efforts.
Initiated effort which ultimately led to the Florida Legislature striking the derogatory term "shylock" from the usury laws of the Florida Statutes.
Recovered in arbitration more than $2 million in additional severance benefits for a senior executive who was let go by his company after it was acquired.
Represented the Federal Deposit Insurance Corporation, as Receiver for Silverton Bank (FDIC-R), in three separate federal court actions against borrowers and guarantors who defaulted on loans made by Silverton Bank, which failed in 2009. In each of the three cases, summary judgment was granted to the FDIC-R on its claims for breach of contract, interest, and attorneys’ fees in the aggregate amount of more than $10 million. The rulings in these lawsuits confirm ...
Defeated a putative class action in California by agents of national financial services company by successfully moving to compel individual arbitrations in Georgia.
Represented specialty finance company lender in connection with structuring, negotiation and documentation of several commercial real estate secured loan transactions, primarily in the Southeastern United States.
Representation of a hotel company as Georgia counsel in a multi-state, multimillion dollar hotel property refinancing.
Represented a specialty finance company resort lender in connection with structuring, negotiating and documenting a vacation ownership receivables loan sale program.
Represented a national resort developer in connection with a $30 million loan consolidation of multiple real estate and resort secured loans.
Represents two of the largest franchisees (with more than 100 combined locations) of a major national quick serve restaurant company in connection with the financing of the transfer of franchise ownership to new owners.
Represented a bank resort lender in connection with the structuring, negotiation and documentation of the conversion of a construction loan to a vacation ownership receivables hypothecation loan.
Our representation of financial institutions include representing financial institutions who purchased assets from the FDIC. Taylor English routinely files suit on behalf of the purchasing bank and against borrowers on loans made by the defunct financial institution. In a particular litigation, the borrower argued summary judgment was improper because the terms of the Loss Share Agreement, not discovered, was relevant to establishing the purchasing ...
Our client, a financial institution, sought to recover from a borrower for an unpaid loan. The borrower denied liability and brought a claim for fraudulent inducement, fraudulent misrepresentation, and intentional infliction of emotional distress. The trial court granted judgment in favor of the financial institution and denied the borrower’s claims. Although it may appear this was a typical breach of contract case, it was unique because the bank was sued ...
Advised Reliance Financial Corporation on its acquisition by merger by Fidelity Information Services (NYSE: FIS). The transaction, which had an aggregate purchase price of $110 million, brought together the world’s largest provider of banking and payments technology and one of the largest independent trust companies in the United States. Assisted with the negotiation and preparation of the Agreement and Plan of Merger and the ancillary documents needed to ...
Prepared a private placement memorandum and related documents, including obtaining approval from the Georgia Department of Banking and Finance, for the private issuance of securities by a Georgia-chartered community bank.
Represented the liquidating trust of a bankrupt Real Estate Investment Trust based in Las Vegas, Nevada, in suing the former directors and officers of the REIT (and other parties) for breaches of fiduciary duty and negligence in the United States District Court for the District of Nevada and for avoidance and recovery of preferential and fraudulent transfers in the United States Bankruptcy Court in the same district from 2012 to 2014. The firm filed three ...
Areas Of Focus
- Workout and Foreclosure
- Real Estate Lending
- Lending and Creditors' Rights
- Financial Litigation
- Asset-Based Lending
- Capital Investment
- Regulatory Advice
- Bank Management and Operations
- Securitized Loans
- Bond and Tax-Exempt Financing
- Mergers and Acquisitions
- Corporate and Entity Financing
- Shareholder Derivative Suits, Director and Officer Liability, and Corporate Governance Investigations and Cases
- Other Transactions