Banking & Financial Services
Transactions and Compliance
Lowis & Gellen has an experienced team of lawyers in the Banking & Financial Services practice area. We represent and advise international, national and regional banks, as well as other financial services providers, in a wide range of commercial and financial transactions. Our attorneys are well-versed in the needs and objectives of our banking and financial services clients and the importance of enhancing the relationship between our clients and their customers, while still actively protecting our clients’ interests.
We represent our clients in negotiating, preparing and reviewing loan and security documents and documenting asset-based credit facilities, secured and unsecured loans, and obligations secured by real estate and construction lending facilities. Additionally, our attorneys have represented banks in connection with syndicated and participated credit facilities and have served as counsel to clients acting in the capacity of lead bank and participating bank.
Our team also has extensive experience counseling banks, card issuers and other financial services providers in connection with negotiating, preparing, documenting and designing processes for account, trade and cash management services. We regularly advise clients on systems and operations, such as trade, payment, settlement and cash management, foreign exchange and smart cards. We advise our clients on operational, regulatory and compliance matters such as escheatment, OFAC sanctions, anti-money laundering and money-transmitter compliance, records retention policies, data processing outsourcing and internet banking.
In addition, Lowis & Gellen attorneys regularly represent banks and lenders in connection with distressed and non-performing credit facilities that are in or threaten to go into default, liquidation or reorganization, through both workout processes and litigation. Lowis & Gellen regularly advises and assists secured and unsecured claim holders, including lenders, bank groups, equity interest holders and other parties seeking to enforce or establish their legal and equitable rights against those who have breached their agreements or have been placed in workout status. We have extensive experience in negotiating complex workout structures with distressed borrowers in varying financial positions. In the event negotiations are unproductive, our attorneys have expertise in foreclosure and enforcement proceedings involving secured and unsecured loans as well as business asset and real property collateral to achieve the best possible result. Additionally, Lowis & Gellen attorneys have broad experience in matters arising under the United States Bankruptcy Code, the Uniform Commercial Code and state laws governing secured and unsecured transactions in bankruptcy cases. Our involvement can range from negotiating and documenting simple credit restructurings and forbearance agreements, all the way to handling complex collateral liquidation, foreclosures, assignments for benefit of creditors, receiverships or bankruptcies when multiple creditors, borrowers and guarantors are present in a credit. For more information about our Bankruptcy work, see Bankruptcy and Creditors’ Rights.