
Practice overview
Clark Hill represents a variety of financial institutions, ranging from federally chartered savings and loan associations to national banks, state banks, bank holding companies, leasing companies, pension plan administrators, insurance companies, large private investors, registered broker-dealers, mortgage brokers, BIDCOs and other guarantor organizations. Our services range from the formation of these institutions and their holding companies to mergers and acquisitions, compliance work and representation in lending transactions.
In lending transactions, our activities typically involve advising our clients with respect to project finance matters, preparing the appropriate documentation and concluding large asset-based loans (including construction and permanent financing, letter of credit transactions and industrial development bonds), term loans, lines of credit and the renegotiation and workout of these transactions. These loans have involved taking collateral in equipment, inventory and other physical assets. We offer loan structure advice and review and negotiation of secured and unsecured loans.
We are experienced in questions of lender liability and environmental compliance, as well as the specific requirements for out-of-state and foreign institutions making loans in the State of Michigan.
In the bankruptcy arena, Clark Hill represents clients in proceedings around the state, across the country and in Canada. Our bankruptcy attorneys serve lending institutions (including banks, savings and loan associations, insurance companies and pension funds) as well as creditors committees and trustees. The practice includes formal bankruptcy proceedings and out-of-court workouts.
We are qualified as counsel for the Federal Deposit Insurance Corporation, having represented it (and the now-defunct Resolution Trust Corporation) in a variety of matters, including the investigation and litigation of professional liability claims against former officers, creditors and third party professionals who performed services for the failed savings and loan institutions; evaluating coverage under financial institution bonds and professional malpractice and director and officer liability policies; and assessing the details of complex commercial banking transactions and their compliance with federal banking regulations.
Our firm also has a wealth of experience in the various types of commercial litigation, including real estate litigation, Uniform Commercial Code ("UCC") matters, contract litigation and construction litigation. (For additional information with respect to our litigation expertise, please see our practice group description for Commercial Litigation.