Banking & Financial Services
LeaderJeffrey J. Conn
DirectorKevin S. Demorest
Clark Hill’s Banking & Financial Services team is focused on getting the deal done. Our experience advising stakeholders throughout the sector means that we offer a comprehensive approach to even the most complex matters. From lending to regulatory compliance and enforcement to ESOP formation and finance to global investing to workouts and bankruptcy, Clark Hill offers a full portfolio of support.
We represent financial institutions, ranging from federally chartered savings and loan associations to national banks, state banks, branches and agencies of foreign banks, bank holding companies, thrift institutions, commercial finance units and conduit lenders, securities firms, investment funds, private equity groups and corporate trust departments, leasing companies, pension plan administrators, insurance companies, large private investors, registered broker-dealers, mortgage brokers, and guarantor organizations. Those organizations seek our help with institutional formation, commercial and real estate finance, equipment leasing, Exim Bank financing, aircraft financing, litigation, trust department services, regulatory affairs and compliance, mergers and acquisitions, and bankruptcy.
Our finance lawyers structure, negotiate, and document a wide range of commercial and real estate transactions for arrangers, agents, underwriters, participants, lenders, and borrowers. Our significant experience advising both lenders and borrowers in complex, heavily-negotiated transactions is the basis for our solutions-oriented, business-savvy approach to getting deals done. Due to the depth and breadth of our experience, we understand the objectives, perspectives, and expectations of all sides of a financing transaction. Our finance lawyers work together as a single integrated team to provide insightful, effective, and efficient solutions for our clients at all stages of a matter.
Global banks, investment funds, collateral agents and account banks and depositaries, sponsors of projects, non-profits, development finance institutions, and others rely on us for support across the full life cycle of international finance transactions, many of which benefit resource-challenged people. Internationally, our clients operate in and fund regulated and unregulated financial services, microfinancing and financial inclusion, energy (renewable and otherwise), project development and financing, infrastructure, and impact investing, among others.
Both borrowers and lenders seek our team’s counsel in the tax-exempt and taxable financing of public infrastructure, including the construction of new schools, universities, hospitals, water and sewer systems, multi- and single-family housing, stadiums, roads, bridges, manufacturing facilities, and other capital projects in the communities in which we serve. We also assist with refinancing outstanding debt previously issued.
Our regulatory team is uniquely positioned to provide counsel, consultation, and litigation services to depository and non-depository institutions throughout the country facing state and federal government investigations and examinations, having served on the Advisory Board of the Consumer Financial Protection Bureau (CFPB) and worked closely with the Bureau of Consumer Protection at the Federal Trade Commission (FTC). Fintech innovators also come to us for help with regulatory expectations and compliance matters.
Companies hoping to realize their key business and tax objectives by implementing, financing, and maintaining ESOPs often seek our help. Among other areas, our ESOP team advises trustee clients by conducting thorough due diligence reviews, negotiating deal terms and transaction documents, and assisting the trustee in their role of establishing and negotiating the purchase price for a sale or acquisition of company stock. We also represent lenders in financing ESOP transactions.
If a matter reaches the workout or bankruptcy stage, our banking attorneys draft document enforcement provisions, manage forbearance negotiations, provide documentation and guidance, structure and implement asset dispositions/sales inside and outside of court and assist with the enforcement process, both outside of court and in court proceedings, such as receiverships, foreclosure, and bankruptcy.