Our solicitors counsel banking institutions on a number of funding deals, asset securitizations, workouts, financial obligation restructures, Uniform Commercial Code (UCC) problems, bankruptcy cases and compliance that is regulatory. We additionally regularly express banking institutions in mergers and purchases, business and securities legislation, the creation of brand new lending options and solutions, lender-related litigation, internet banking problems, collections and creditors legal rights situations.
Our solicitors counsel banking institutions on many different funding deals, asset securitizations, exercises, debt restructures, Uniform Commercial Code (UCC) problems, bankruptcy instances and regulatory conformity things. We additionally regularly express finance institutions in mergers and purchases; business and securities law; the creation of brand new lending options and solutions; lender-related litigation; internet banking problems; collections; and creditors’ liberties instances.
The Financial Services part represents the spectrum that is complete of institutions — from international and national economic companies to non-regulated loan providers to community banking institutions.
Area solicitors counsel numerous mainstream and unconventional economic entities and a variety that is wide of organizations coping with economic problems after all amounts.
Financing We provide consumers with prompt, cost-effective methods to every sort of deal, including asset securitizations, loans to fund leveraged purchases, investment funds, tax-exempt relationship financings, commercial real-estate loans, taxation credit financings, working-capital personal lines of credit, gear loans, asset-based loans, ESOP loans, multi-layered financial obligation financings, leveraged-lease deals, municipal rent financings, home loan warehouse financings, letter of credit-backed deals, mezzanine financings, syndicated and single-lender commercial loans, swaps and other rate of interest security agreements, capital areas deals, task financings and loans to restricted partnerships (both public and private offerings).
Securities/Corporate Our solicitors supply the abilities and depth of understanding to manage securities and business things, including general general public and private offerings of stock and financial obligation, mergers and purchases, trust preferred securities and broker-dealer arrangements. Also, we’ve considerable expertise in creating and implementing dividend reinvestment and stock choice plans. Area people have actually usually been expected to represent consumers organizing de novo or start-up finance institutions, with solicitors assistance that is providing crafting executive compensation and employee advantages plans and managing compliance and assessment dilemmas. Other solutions consist of:
- Brand brand New bank formations.
- Representation of bank companies that are holding the acquisition of extra banking institutions.
- Investment affiliates formations that are advisory.
- Preparation of regular reports, proxy materials and useful ownership reports needed because of the Securities Exchange Act.
Regulatory in the present complex environment that is regulatory Williams Mullen lawyers are routinely called in to counsel consumers regarding conditions into the Truth in Lending Act, Equal Credit chance Act and Fair credit rating Act, and also other federal credit rules. We keep up-to-date with regulatory developments, continuously monitor legislation and keep exceptional working relationships with state and federal regulators to make sure payday loans Tennessee constructive resolution of customer initiatives or regulatory inquiries. Area people regularly represent finance institutions before different regulatory systems such since the State Corporation Commission, Federal Reserve Bank, Comptroller regarding the Currency and also the FDIC.
Workouts/Creditors’ liberties The company’s Financial Services Section has experience that is extensive exercises and creditors’ legal rights instances. We now have produced skilled teams of solicitors to re-negotiate and restructure loans for creditors of most sizes and kinds. Especially, our Loan exercise, Creditors’ legal rights and Bankruptcy Practice works together customers to effectively recast financial obligation, secure additional collateral, postpone actions and resolve bankruptcy and collection problems. Our lawyers draw on the experience to offer very early intervention and concentrated representation for creditors.
Some situations associated with the company’s solutions consist of:
- Significant expertise in chapters 7, 11, 12, and 13 of this united states of america Bankruptcy Code.
- Casual financial obligation restructures, forbearance agreements and non-bankruptcy reorganizations.
- Bankruptcy litigation in every aspects of creditor representation including challenges to discharge of financial obligation, protection of trustee’s claims in order to avoid liens such as for instance choices and fraudulent conveyances, utilization of money security, DIP financing, data recovery of assets, remain litigation, objections to plans and motions to transform or dismiss.
Bank Operations the firm has experience that is comprehensive representing and advising national and state banking institutions on every aspect of bank operations, including ACH/Clearinghouse guidelines; Federal Reserve Bank operations procedures; electronic payments and look truncation; the lender Secrecy Act; basic check processing dilemmas; and problems arising away from creditor process against deposit records.
Intellectual Property The Intellectual Property Section counsels finance institutions of all of the sizes in regards to the commercial exploitation of intellectual home assets; handling of specialist and partnering that is strategic; telephony contract; and conformity with statutory and regulatory privacy needs, including the Graham-Leach Bliley Act. Regions of proficiency include portfolio prosecution and analysis; software and internet law; litigation and infringement disputes; certification, specialist and partnering that is strategic; as well as other transaction-related solutions such as for example patent prosecution and trademark and copyright registration.
Work & Employment most of the work and employment work that individuals do with banking institutions involves suggestions about preventive work techniques including administration training, review of wage as well as other work methods, support in developing policies and procedures and advising administration on work problems, including simple tips to investigate and react to complaints of harassment, FMLA, termination and release problems. We additionally draft employment agreements, help out with the introduction of affirmative action plans and defense of OFCCP defense and audits of employment-related claims and legal actions. We are familiar with issues commonly facing banks, such as teller overage and shortage policies, the legal impact of fiscal responsibility policies, the use of financial history as hiring criteria and the increased threat of union organizing for banks that have opened branches in grocery stores because we have worked with so many banks of various sizes. We now have effectively defended banking institutions, in addition to professionals which have been sued separately, in every kinds of employment-related actions. Due to the community that is particular problems dealing with banking institutions, our company is proponents of alternative dispute resolution in appropriate situations.
Riches Management Williams Mullen represents bank trust divisions and trust organizations, along with specific executors, administrators, and trustees regarding both complex and routine problems arising within the context of a relationship that is fiduciary. We additionally advise bank professionals and directors, and also other fiduciaries, in issues involving fiduciary responsibilities.
Fiduciary Litigation We defend business and institutional executors and trustees in issues involving allegations of breach of fiduciary responsibility, including failure to stick to the wise investor guideline, incorrect circulation to beneficiaries and breach of responsibility of commitment and impartiality. We advise bank consumers with respect to recommendations to reduce and steer clear of fiduciary obligation. Area solicitors handle trust construction, rescission and reformation matches, along with taxation debate things before the irs (IRS) and state taxing authorities. We additionally represent business fiduciaries in tax-related litigation in federal court (including U.S. Tax Court) and state courts. On a daily basis, we handle issues involving charitable trusts and tax-exempt companies and replacement of trustee issues.
Online Banking the Financial Services Practice is a frontrunner in internet technology and online banking problems. An array of services related to internet banking, compliance issues and other online matters in conjunction with our technology law and e-commerce teams, we offer clients.