Financial Services

Our attorneys represent major financial institutions, lenders, mortgage brokers, and other businesses in the finance sector in complex financial transactions across a broad spectrum of industries. We work hard to understand each client’s business so that we become both a trusted advisor and a valued partner.

Experience

• Appellate
• Bankruptcy, creditor’s rights
• Financing
• Commercial finance
• Consumer finance
• Insurance recovery
• Intellectual property
• Labor & employment
• Lending
• Litigation
• Loan documentation
• Privacy and cyber-security
• Real estate & construction
• Workouts 
• Trusts & estates

Financing

We represent financial institutions, lenders, and borrowers in drafting and negotiating promissory notes, deeds of trust, loan agreements, environmental indemnity agreements, security agreements, and other conventional or special purpose loan documents relating to the acquisition and refinancing of real property, personal property, and business operations. We also negotiate and document line-of-credit and related instruments, assisted in the development of financial and business plans, and provide advice on alternative debt and equity financing arrangements.

Lending

Our lawyers understand financial markets and stay abreast of emerging financial products. We represent lenders and borrowers in negotiation and documentation of a wide array of loans, workouts, loan restructurings, “mini-perm,” and permanent take-out financing, lines of credit, guaranties, and other credit facilities. We also structure equity financing joint ventures and hybrid equity/mezzanine financing undertakings. Our attorneys represent lenders in general real estate transactional matters, including commercial and retail leasing. We arrange tax-exempted bond financings for our nonprofit clientele. For public sector clients, we specialize in securing project-specific federal and state grant funding.

Bankruptcy and Creditor's Rights

Our attorneys represent commercial creditors and real estate owners and managers in  bankruptcy cases nationwide. We provide our clients with efficient analysis of bankruptcy proceedings and developments, the requisite economies of scale, and the ability to respond and act quickly.

We provide strategic advice and advocacy when clients encounter opposing parties in financial distress or insolvency proceedings – including cases under chapters 7, 11, and 13 of the Bankruptcy Code, and state court proceedings after an assignment for the benefit of creditors. Notably, our firm has considerable experience in bankruptcy cases involving real estate. We resolve time-sensitive cases and disputes involving issues of possession, lease assumption, and rejection. Our goal is to make sure each client is in the most advantageous position possible to address the problems created when a commercial tenant files bankruptcy.

Labor & Employment

Our exclusive focus here is on management-side employment law. We partner regularly with clients in the financial services industry to ensure they stay ahead of the fast-changing employment laws in California. Our reputation for strategic thinking, problem-solving, and leading-edge advocacy stems from providing a comprehensive range of services, including complex class action litigation defense, single and multi-plaintiff litigation defense, representation in arbitrations, and employment law advice and counseling. We also conduct workplace investigations and training, as well as audits of workplace policies and practices. Our attorneys defend employers against administrative claims and investigations by the Department of Labor, EEOC, California EDD, the DLSE, and others.

Privacy and Data Security

In the world of ever-changing privacy and data security laws, our attorneys stay abreast of the latest changes to ensure clients are always prepared. We advise financial services clients in areas of privacy applicable to IT/technology, data security, financial privacy, health privacy, consumer privacy, employment privacy, litigation, and transactions. We also advise clients on how to protect proprietary and customer confidential information and guide them through all steps of information governance and risk management, such as the development and implementation of preventive measures, policies and procedures, technology selection and validation, the placement of cyber-liability insurance, and pursuit of claims under these policies. In addition, we help clients investigate and respond to data breaches and represent them in related litigation.

Litigation

Our attorneys take a proactive approach to litigation in order to identify and create choices for resolving disputes while helping the client identify and manage the risks and benefits of each particular path. Our experience includes customer disputes related to secured and unsecured loan products, the handling of checks and deposit accounts and collections, and the recovery of funds related to fraudulent transfers and related disputes. We represent national and regional banks and lenders in commercial litigation, including claims alleging various business torts, unfair business claims, and alleged violations of the Truth-In-Lending Act, the Fair Credit Reporting Act, and TCPA. We also represent financial institutions in foreclosures and receiverships, and work closely with clients to efficiently manage these processes to achieve successful results. In addition, we represent lenders, servicers, trustees, and custodians in other actions affecting their interests or that of their clients in real property. This includes partitions and quiet title actions, as well as all aspects of litigation that can arise from managing, acquiring, selling, or developing real property.

Appeal

Our appellate practice group maintains a stellar record of favorable results before the California Supreme Court and in every district of the California Court of Appeal. We also successfully handle cases before the U.S. Court of Appeals for the Ninth Circuit, and we have submitted briefs to the U.S. Supreme Court. Among appellate court judges, the firm’s appellate practice has earned a reputation for the highest quality advocacy.
 

Key Contacts

John Cu

Partner

San Francisco, CA

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