The banking and financial services industry requires counsel that runs the gamut from Uniform Commercial Code litigation and transactional work to the development of nationwide consumer credit programs and legislative lobbying. In addition to handling their litigation needs, Shook, Hardy & Bacon can help corporate borrowers and lenders as well as companies that provide consumer financial services with commercial and real estate transactions, loan enforcement and structuring, credit and collection regulatory compliance, bankruptcy proceedings, and data security and privacy concerns.
Corporate Borrowers and Lenders
Shook advises borrowers, single lenders or syndicates of lenders on all types of loan facilities and documentation, such as loan agreements; security agreements; mortgages and deeds of trust; assignments of rents; promissory notes; continuing guaranties; participation agreements; and letters of credit. Our clients can also receive assistance with the creation and implementation of new loan products and the modernization of various lending forms.
Shook attorneys have structured and documented secured commercial loans covering the whole range of collateral: commercial real estate; chattel paper financing; general intangibles financing; various types of project financing; equipment-leasing programs; a wide variety of agricultural lending; mortgage warehousing and mortgage servicing programs; traditional asset-based loans; inventory floor planning; and oil and gas accounts receivable facilities. In addition, members of this practice have represented lenders and borrowers in leveraged ESOP loans.
With unparalleled expertise in payment systems, we also advise clients on matters involving traditional checks, wire transfers, automated clearinghouse payments, stored-value products, and other payment products. This broad involvement extends to helping clients structure and document payment systems to avoid dispute, as well as efficiently resolving disputes that have already occurred.
We also provide services for companies involved in pre-bankruptcy workouts with debtors and other creditors and parties in interest, as well as reorganizations and other bankruptcy proceedings. We have represented large corporate debtors in major Chapter 11 proceedings.
Consumer Financial Service Providers
Shook can also provide expert advice to companies offering consumer financial services and products, including banks, credit unions, mortgage companies, consumer lenders, auto lenders, credit card issuers, and retailers. The firm supports at the national, regional and local levels a wide array of legal services, including compliance counseling, regulatory advice and representation before federal and state regulatory agencies. Our attorney can counsel clients on how to minimize exposure to consumer class action litigation and defend these types of claims.
Because consumer financial services is a highly regulated industry, we closely follow legal developments in order to create the most effective and cost-efficient solutions for clients. Our team works on behalf of providers to ensure that basic forms, policies and procedures comply with the complex array of statutory requirements and prohibitions affecting this industry. Our lawyers have provided advice and counseling on issues relating to the full range of statutory schemes, including the Fair Debt Collection Practices Act (FDCPA), Uniform Consumer Credit Code and Truth In Lending Act (TILA).
We also offer extensive litigation experience that includes the defense of class actions, as well as common contract law and tort claims. Shook’s Banking and Financial Services group has represented financial institutions in cases that involve alleged violations of the state and federal statutory provisions listed above. In addition, we have represented clients in investigations and proceedings before numerous federal and state agencies, including the Federal Trade Commission, Federal Deposit Insurance Corporation, Federal Reserve Board, and Internal Revenue Service.
Securities Industry
Shook also serves the complex litigation needs of the securities industry. With a thorough knowledge of the investment community and its unique legal concerns, our securities litigation attorneys represent issuers, their officers and their directors in class actions and individual suits brought by securities holders. In addition, we routinely handle litigation arising from extraordinary corporate events, such as control contests, internal and external investigations, and investment banking matters. We have experience representing both claimants and brokers/dealers in securities arbitrations and retail customer actions. With access to the firm’s veteran trial lawyers, business law expertise and technical infrastructure, Shook delivers consistent results in all areas of securities litigation.
