Banking Law & Finance

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Overview

Banking Law and Finance

Connell Foley’s Banking Law and Finance practice group provides comprehensive, one-stop legal counsel in all aspects of banking law and finance. We represent lenders of all variety, including traditional banks, insurance companies, as well as non-bank lenders. Our attorneys also provide experienced counsel to borrowers in all phases of loan acquisition from negotiation to closing.  In the public finance area, our group has distinguished itself by representing both public and private entities in large-scale public finance projects.

Our group prides itself on maintaining a flexible, practical approach to financial transaction counseling by blending our specialized expertise with many vertical industries with the broader, cross-disciplinary experience we have that is often needed for larger, multi-faceted capital transactions. Our attorneys strive to add value to deals and aim to streamline negotiations, simplify the loan documentation process, and complete transactions expeditiously.

Counsel to Lenders

Many of the nation’s leading banks, insurance companies, and non-bank lenders turn to Connell Foley’s Banking Law and Finance team to provide timely and cost-effective legal services in connection with commercial lending, including real estate, asset-based, construction, revolving credit, and term loans.  We are experienced counsel in both secured and unsecured debt financing as well as other commercial finance transactions. Our attorneys provide thoughtful pre-deal planning and negotiate and draft loan collateral agreements and related credit documents, striving to achieve the best possible terms while minimizing risk.

When necessary, we team with the attorneys in our Bankruptcy, Creditors’ Rights and Commercial Law practice group to represent lenders in the workout and/or restructuring of delinquent financings and, as the need arises, with the foreclosure of real property securing loans. Our litigators also have decades of experience defending against lender liability claims and related defenses raised by borrowers.

In addition, our attorneys have successfully represented the retail departments of various financial institutions in more than 125 cases involving unauthorized transactions and other banking issues under the Uniform Commercial Code, Articles 3 (Negotiable Instruments) and Article 4 (Bank Deposits and Collections).  Examples include forged endorsement schemes, forged makers’ signature schemes, check kiting, identify theft, phishing schemes, violations of the midnight deadline rule, account ownership disputes, fraudulent accounts, etc.   Our lawyers also serve as national counsel for insurance clients in unauthorized transaction cases.

Connell Foley has assumed a leadership role as lender’s counsel in several notable lending transactions. In particular, we have served as lead counsel for a consortium of banks in the takeover of one of the largest condominium projects on the East Coast and represented one of the nation’s largest banks in resolving tax, environmental, bankruptcy, title, zoning, and lending issues in connection with the restructuring of a major real estate loan.

Our strong understanding of the entire financing process enables our team of experienced, multi-disciplined attorneys to provide lenders creative and timesaving solutions to fit today’s complex business lending environment.

Counsel to Borrowers

Borrowers can count on Connell Foley to afford them skilled transactional counsel in all aspects of loan transactions, including the negotiation of initial term sheets and drafting and revising loan agreements and related documents through closing. Our attorneys have years of experience helping borrowers secure the working capital they need to run their business and take advantage of strategic opportunities. 

Recognizing that legal cost is a critical component of any financial borrowing, as needed our team streamlines deals by collaborating with our attorneys who have specialties in the related disciplines of real estate and environmental law, tax, bankruptcy, and intellectual property.  Borrowers can count on Connell Foley attorneys to provide them with skilled guidance, devoid of legalese. The breadth of experience within Connell Foley’s multi-disciplinary teams of lawyers gives borrowers efficient, one-stop access to meet the particular needs of their financial transaction.