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Practices + Industries

Banking and Finance

Overview

Saying that the past few years have been challenging for the banking industry would be an understatement. But as banks navigate the post-recession environment, which includes thousands of pages of regulations with which they must now comply, they face additional challenges. These include incorporating risk management efforts into day-to-day operations, addressing innovative non-bank competition, and creating growth and profitability within today’s  interest rate landscape. Banks must also address technological issues – from digital banking to data management. It’s critical that companies in the banking industry partner with attorneys who understand their concerns and have the broad experience needed to serve them.

We have worked with our banking industry clients since long before the financial crisis, and we are dedicated to helping them succeed well into the future. Our clients include South Carolina-based community banks and thrifts, regional and national banks, credit unions, mortgage lenders and brokers, and other financial services providers. Our clients know that whether we are representing them in commercial financing, business litigation or employment issues, we have the industry knowledge to understand them and the legal experience to support them. Whatever the need – from commercial transactions to tax to employment matters – we can draw on the practices within our banking industry group to provide clients with the legal solutions that will move their businesses forward.

  • Problem loan work-outs and restructurings
  • Loan transactions
  • Foreclosures
  • U.C.C. Articles 3 & 4
  • Lender liability litigation
  • Trust department counseling and litigation
  • Business counseling and expansion
  • Employment disputes
  • Commercial/business litigation
  • Board of directors issues
  • Service provider contracts
  • Proxy issues and shareholder disputes

Representative Engagements

  • Represented a lender in a complex commercial foreclosure involving multiple cross-collateralized loans secured by a variety of collateral, including condominiums, a restaurant and a retail shopping center.
  • Serve as counsel to a large South Carolina bank handling lending and finance representation in complex commercial transactions.
  • Acted as lenders' counsel for an agricultural bank in connection with a bond issue and operating loans to a large soybean processing company.
  • Defended bank trust departments and/or individual trustees against claims of breach of trust and other business torts.
  • Obtained dismissal of claims for negligence, breach of contract, and breach of fiduciary duty against a financial institution where the Plaintiff alleged that the financial institution failed to determine and notify the Plaintiff that his property was located in a flood hazard.
  • Represented a lender in a breach of guaranty action involving guaranty of payment for a $3.6 million real estate acquisition and development loan.
  • Provided tax advice to a lender regarding the lender’s Internal Revenue Service 1099 reporting requirements related to distressed real estate loans.
  • Handled numerous matters for a statewide banking client, including foreclosures, commercial collections and repossessions.
  • Frequently counsel lenders on foreclosures, deeds in lieu of foreclosure, loan restructurings, workouts, and receiverships and claim and delivery of personal property, as well as issues concerning at-risk properties and loans.