Overview
Deep Knowledge
With an extensive understanding of the financial industry, our attorneys skillfully handle complex matters for banks and other financial services institutions and associations, advising and defending them on a vast range of matters, disputes and claims.
We frequently are engaged by our clients to advise them on cutting-edge transactions, sensitive regulatory issues and litigation matters, including:
- Bankruptcy, workouts, and restructuring
- Commercial and real estate lending transactions
- Employment issues, including counseling and litigation of disputes
- Foreclosure and loan enforcement
- Litigation
- Real estate, including office leasing and sale of REO properties
- Trust transactions and disputes
Experience
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Represented a large regional bank in a series of related construction loans for mixed-use project that included hotel and retail space.
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After initiating enforcement efforts, successfully negotiated a repayment for a major international bank of an $11 million defaulted loan secured by a distressed property in an urban downtown.
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Called upon by a large regional bank to advise on a real estate loan default of more than $17 million, and a potential bankruptcy.
- Sold three problem construction loans valued at more than $15 million in principal on behalf of a regional bank.
- Represented a multi-state bank with more than 700 branches selling over $100 million in commercial properties. Properties included vacant land, office buildings, apartment buildings, retail space, industrial facilities, and medical condominiums.
- Served as primary real estate counsel to an asset management company in multi-million dollar Class A office leasing and subleasing both domestically (including in California, Florida, Utah, New York, and New Jersey) and internationally in England, Poland, Australia, Canada, Turkey, and South Africa.
- Represented Bay Area investment fund in acquiring and financing over $40 million of properties throughout the United States.
- Represented a bank involving claims by victims of a $60 million Ponzi scheme by one of the bank’s customers. We prevailed on summary procedures and demurrers in all matters, including affirmation on appeal.
- Obtained a multi-million dollar recovery on behalf of a regional bank in a series of foreclosures and asset sales resulting from borrowers’ default on multiple loans.
- Represented a regional bank after a borrower defaulted on a $20 million construction loan with the project 75% complete. Negotiated short sale of project after completion and stipulation for judgment against the guarantors, enabling the client to avoid expensive litigation.
- Obtained a defense verdict in a four-week jury trial on behalf of a financial institution sued by two individuals for alleged defamation and interference with contracts.
- Defended a financial services company and prevailed at trial in an age discrimination and retaliation suit filed by an employee who was terminated just one day after complaining to senior management about age discrimination.
- Represented Payment Processing, Inc, in its $420 million sale to Global Payments Inc.
Ninth Circuit Changes Mind To Favor Creditors In Post-Default Interest Decision
The Ninth Circuit Court of Appeals recently issued a decision that gives creditors a powerful tool in Chapter 11 bankruptcy cases going forward. Read more »
Appellate Court Rejects Guarantor's "Sham Guaranty" Defense to Guaranty Enforcement
The California Court of Appeal has once again confirmed that a "sham guaranty" defense will not bar a lender from enforcing a commercial guaranty of a real estate secured loan. Read more »
Post Bankruptcy Settlement Proceeds Constitute "Proceeds" of Bank's Prepetition Real Property Collateral
In a significant ruling, the Ninth Circuit Bankruptcy Appellate Panel has clarified that when a bank's prepetition deed of trust expressly encompasses the right to payment of settlement proceeds for a... Read more »
Sham Guaranty Defense Curbed by California Court
This case follows a recent trend in which courts have been making it increasingly difficult for guarantors to successfully assert the sham guaranty defense. Read more »
Typo Disastrous for Lender
The case provides a startling example of the drastic consequences of failing to carefully proofread loan documents. Read more »