Experience

$50 Million+ Corporate Debt Restructuring

Advised a client in a corporate debt restructuring of more than $50 million that allowed it to part ways with the family of its deceased founder. The restructuring included a comprehensive court-approved settlement agreement involving the payoff of several debt obligations, the release of the related security agreement, the purchase and extinguishment of a warrant to purchase over 500,000 shares of common stock of the client’s holding corporation, and the release of rights under multiple purchase agreements, including a stock purchase agreement. The negotiated settlement agreement price included approximately $17 million of debt forgiveness to the client’s benefit. Also represented the client in a $2 million revolving loan and a $44 million term loan, handled employment agreements for the CEO and CFO, negotiated landlord consents on client leases in dozens of locations, and provided assurances to the lender on the client’s employee stock ownership plan.

Dismissal of $1 Million Damages Claim and Attorney Fees Award

In this interpleader action in a rural venue against a sympathetic plaintiff, represented a regional bank in defeating a counterclaim seeking over $1 million in damages by obtaining a total dismissal with prejudice in our favor, which included an attorney fees award.

Lead Counsel on Multimillion-Dollar Cross-Border Loan

Served as lead counsel to an international bank on a multimillion-dollar (U.S. and Canadian dollars), cross-border, senior secured loan.

$1.6 Billion Debt Refinancing

Represented client, a supplier of goods and services to state and federal governments, in connection with a $1.6 billion debt refinancing.

Counsel to National Mortgage Servicing Client Defending Alleged FCRA Violations

Served as counsel to client in defense of alleged Fair Credit Reporting Act (FCRA) violations involving assets purchased following bank failure via the FDIC.

Counsel to National Mortgage Servicer Establishing Enforcement Rights as to Successors in Interest and Post-Sale Remedies

Served as counsel to client in state court and appellate court setting case law regarding note-holder and assignee enforcement rights.

Counsel to National Mortgage Servicer Defending Consumer Protection Claims and Affirming on Appeal Second Trial Judge’s Authority to Rule Conversely on Second Summary Judgment

Served as counsel to lender/servicer in defense of multi-count counterclaim for damages in context of foreclosure action, affirmed on appeal following differing decisions by original and successor trial judge.

Purchaser’s, Lender’s Counsel for $20.8 Million Credit Facility

Served as purchaser's and lender's counsel with respect to a $20.8 million credit facility related to the acquisition and development of a 216-unit low-income multifamily housing project located in South Carolina.

Counsel for Multimillion-Dollar Commercial Real Estate Transaction

Served as borrower’s counsel issuing borrower’s opinion letters for several large commercial real estate transactions.

Representation of International Bank in Prosecution

Represented international bank in prosecution of claims related to purchase and sale of commercial mortgage-backed securities and collateralized debt obligations (CDOs).

Lender’s Counsel on $9.6 Million Equity Bridge Loan

Served as lender's counsel for a $9.6 million equity bridge loan related to the development of a 236-unit low-income housing tax credit project in Detroit, Michigan.

Counsel to Lender, Purchaser on $17.6 Million Credit Facility

Served as purchaser's and lender's counsel with respect to a $17.6 million credit facility related to the acquisition and development of a 212-unit low-income housing tax credit project located in North Carolina.

Successful PTAB Administrative Appeal

Won an administrative appeal for a global technology company before the U.S. Patent Trial and Appeal Board in a case involving a patent application that sought to protect a method of predicting a consumer’s future purchases, based on previous transaction card purchases indicating that a “life event” had recently occurred for the consumer. The United States Patent and Trademark Office had rejected the application as directed to an abstract idea under a 2014 Supreme Court case. In its decision in favor of the client, the Appeal Board held that any abstract idea was integrated into a practical application because the patent claims “improve the underlying consumer behavior prediction technology.”

Acquisition of Digital Giving Platform

Represented an information management and payment services client in the acquisition of a digital charitable giving platform, which allows users to make donations to faith-based and nonprofit organizations through multiple channels including a mobile app, donation by text, and at kiosks.

Acquisition of Community Bank and Formation of Bank Holding Company by Investor Group

Represented the principals of a financial planning and investment management company and other investors in the formation of a bank holding company to acquire and recapitalize a troubled community bank. This included providing counsel on forming the bank holding company, identifying the target, negotiating the acquisition, raising capital, and securing regulatory approvals.

Borrower’s Counsel on $46 Million Real Estate Loan

Served as borrower's counsel on a $46 million real estate loan secured by a 312-unit multifamily residential development.

$80+ Million Financing for Historic Landmark Renovation

$80+ million in multiple phases of financing for renovations of a historic landmark building into an entertainment complex. The collateral for the loan involved real estate, tax increment financing (TIF) proceeds and historic tax credit proceeds.

$40 Million Financing of Apartment Community

Managed a $40 million financing of a 400-unit apartment community, which includes affordable housing aspects and a Freddie TEL.

Co-counsel to Armstrong Energy in Chapter 11 Bankruptcy

Served as co-counsel to the debtor, coal company Armstrong Energy, in its Chapter 11 bankruptcy proceedings.

Co-counsel to Retailer in Chapter 11, Post-bankruptcy Proceedings

Serving as co-counsel to a specialty footwear retailer and its related debtor affiliates in Chapter 11 restructuring and post-bankruptcy proceedings. Client is the largest specialty family footwear retailer in the Western Hemisphere with nearly 4,400 stores across more than 30 countries.

Outside Counsel for Financial Institution

Serves as outside counsel for financial transactions, real estate, acquisitions, employment, and corporate governance matters while working daily with senior management and the board of directors.

Bank Acquisition by Mortgage Company

Represented the owner of a mortgage company in its purchase of a distressed community bank in the first acquisition of its kind involving a mortgage company. In order for the purchase to occur, the client had to undergo a corporate reorganization and establish a holding company to own the mortgage company and purchase the bank. As part of the transaction, we were able to gain approval from the Federal Reserve and other bank regulators to allow the client to gradually fold its mortgage operations into the bank over time.